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At The Cutting Edge: Therapeutic Jurisprudence, The Hon David K. Malcolm

Law Conference Papers

In the last decade or so, a series of specialised or problem-solving Courts or court processes have evolved in Australia. These courts are based upon the principles of therapeutic jurisprudence which regard the law, court procedures and rules, as a social force whose goal is to produce therapeutic consequences to the participants in the legal proceedings and to society at large. Taking a holistic approach to an offender and the offenders problematic history is not an altogether new concept, as this is usually taken into account during sentencing. The ideal of tailoring sentences and having options available for treatment of …