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A Cautionary Note On Therapeutic Jurisprudence For Aboriginal Offenders, Ann-Claire Larsen, Peter Milnes Jan 2011

A Cautionary Note On Therapeutic Jurisprudence For Aboriginal Offenders, Ann-Claire Larsen, Peter Milnes

Research outputs 2011

Therapeutic jurisprudence (TJ) is a recent legal practice reform, requiring judges and lawyers to attend to offenders’ wellbeing. Despite being lauded as the ‘most prolific vector’ of the Comprehensive Law Movement, TJ has also been condemned as ineffectual, even dangerous. In this paper we review TJ in three sections: the problems TJ seeks to address, how TJ is applied and its requirements, and the new problems TJ produces. This paper exposes tensions between established legal principles and efficacy or recidivism concerns that drive the TJ agenda. It concludes that a judiciary that concerns itself with offenders’ social and psychological problems …


Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer Jan 2011

Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer

Research outputs pre 2011

The status of prisoners’ mental health has wide-reaching implications for prison inmates, prison authorities and institutions, and the general community. This paper presents the mental health findings from the 2008 Health of Prisoner Evaluation (HoPE) pilot project in which 146 maximum security prisoners were interviewed across two prisons in Western Australia. Results revealed significant discrepancies across gender and Indigenous status regarding the history and treatment of mental health complaints, use of prescribed psychiatric medication, and experience of psychosocial distress. Illicit drug use and dependency, as well as patterns of self-harm and suicide are also reported. These findings highlight that imprisonment …