Thesis (Ph. D.)--Mississippi State University. Department of Political Science and Public Administration. / Title from title screen. Includes bibliographical references.

The thesis presents a case study of New Zealand's Alcoholism and Drug Addiction Act 1966 - a civil commitment law used to detain alcoholics and drug addicts for up to two years in state-certified residential treatment facilities. The thesis positions itself as a call for legislative reform. The central argument is that the Act is an anachronistic and potentially draconian piece of social legislation which has no place on the modern-day New Zealand statute book. In the first part of the thesis, Chapter 1 introduces the research, outlines the structure and methodology of the thesis, and locates the study within a wider tradition of scholarship on the management of people with alcohol problems. Chapter 2 summarises the analytical framework that is used to evaluate the Act, attaching particular importance to both the philosophical traditions and the practical strategies of harm minimisation and therapeutic jurisprudence. Chapter 3 gives a positivist reading of the legislation : outlining the evolution of the Act, essaying its major provisions, and noting the efforts that have been made to refine or reform the statute since it was passed in the mid-1960s. Chapter 4 draws on the limited amount of data available to describe how the Act is currently operating 'on the ground'. In the second part of the thesis, the Alcoholism and Drug Addiction Act is put into a comparative context by describing examples of similar-type statutes that exist in two other jurisdictions. Chapter 5 focuses on the New South Wales Inebriates Act 1912; Chapter 6 focuses on the Swedish Act on Care of Addicts in Certain Cases 1989. The final part of the thesis builds a case for reform of the Alcoholism and Drug Addiction Act. Chapter 7 identifies various practical and clinical problems with the Act, which mean that the statute does not work in instrumental terms. It is submitted that the Act cannot be said to make better provision for the care and treatment of alcoholics. Chapter 8 highlights several legal and philosophical difficulties with the Act, which mean that the legislation does not work in value terms. It is submitted that the Act is offensive to the right to refuse treatment and fundamentally conflicts with the principles of individual autonomy and informed consent. Chapter 9 proposes three options for reforming the Act, expressing a preference for the outright repeal of the statute. Finally, Chapter 10 draws conclusions from the preceding discussion, and speculates on the likelihood that the recommended reforms will be implemented.

Juvenile drug use in the country has grown exponentially in recent years. As such, a large percentage of those juveniles currently charged, retained, or on probation for their crimes have committed these crimes while under the influence of drugs. Many of these juveniles come from drug afflicted childhoods, families, and neighborhoods. The rate of recidivism for juveniles is very high and often leads to adult incarceration. The theory of Therapeutic Jurisprudence, utilized through the drug court process, attempts to rehabilitate juveniles into healthy drug-free adults. This study is devoted to exploring the theory of Therapeutic Jurisprudence through juvenile drug courts and the drug court movement. It also investigates whether or not an universal implementation of drug courts into all Florida juvenile systems would have an affect on these juveniles in relation to rates of recidivism and overall health of these juveniles.

Submitted by Caroline Xavier (caroline.xavier@pucrs.br) on 2017-05-11T14:50:27Z No. of bitstreams: 1 TES_DANIEL_PULCHERIO_FENSTERSEIFER_PARCIAL.pdf: 185051 bytes, checksum: e4f2cc68950a522dbf3144597a2160b5 (MD5) / Made available in DSpace on 2017-05-11T14:50:27Z (GMT). No. of bitstreams: 1 TES_DANIEL_PULCHERIO_FENSTERSEIFER_PARCIAL.pdf: 185051 bytes, checksum: e4f2cc68950a522dbf3144597a2160b5 (MD5) Previous issue date: 2017-01-06 / Coordena??o de Aperfei?oamento de Pessoal de N?vel Superior - CAPES / Drug Courts are an alternative to the traditional criminal process, directed at individuals accused of crimes related to drug use. From the multiplicity of practices involving this mechanism, as well as from structural problems present in several experiments, the present research seeks to build an intertextual concept of what the doctrine and the potential participants understand by this tool. After an extensive bibliographic review, people who could be participants of the program if it was developed in Brazil were interviewed, from the key elements point of view proposed by NADCP. A semi-structured questionnaire was developed, which was applied to three convicted prisoners, three provisional prisoners and three adolescents in compliance with socio-educational measures. The data collection took place in the county of Frederico Westphalen. The analysis of the data was made from dialectical hermeneutics. The bibliographical research was carried out with books and periodicals written in the Portuguese, English and Spanish languages, available in libraries and online. It was found that the Drug Courts should offer a possibility of behavior change, through the participant's awareness that can/should occur throughout the treatment. There is no way to design a Drug Court program that only counts on law professionals who, in turn, relegate their responsibilities to mutual aid entities; The program will never lose its criminallegal nature. Ideally, the program should be offered as a conditional suspension of the process. Drugs that can make the person more aggressive and facilitate violent crimes should certainly be accepted; the program must be offered to addicted and drug abusers, and for the recreational user, it is understood that this decision will depend on each program according to their demands and capacities to provide treatment; The program should not restrict access to participants solely because of the offense for which it was charged; all programs must constitute their criteria from their own possibilities and resources. The Drug Courts are not punitive in nature, even when applied after conviction. The program has features of a defensive nature that does not enter into the debate on the relevance of decriminalization of drug use; CRAS and CREAS may be providers of treatment satisfactorily. It is still an open concept, it is a path that is more beneficial than the traditional procedure. It is concluded that the Drug Courts is a multidisciplinary and non-adversarial program, conducted by the Judiciary, which seeks to offer those accused of drug-related offenses an opportunity to change their behavior, which is able to provide a reduction of individual damages and, consequently, social damages, from a structured program of action that offers a plurality of tools to be used by the participants throughout their treatment. It is also concluded that despite the criticisms that can justifiably be directed to the Therapeutic Justice, it meets what they propose, in order to reduce the damage caused by the incidence of Criminal Law. / A Justi?a Terap?utica configura-se como uma alternativa ao processo penal tradicional, dirigida aos indiv?duos acusados de crimes relacionados ao uso de drogas. A partir da multiplicidade de pr?ticas que envolvem esse mecanismo, bem como de problemas estruturais presente em diversas experi?ncias, a presente pesquisa busca construir um conceito intertextual a partir daquilo que a doutrina e os participantes em potencial entendem por essa ferramenta. Ap?s uma extensa revis?o bibliogr?fica, foram entrevistadas pessoas que poderiam ser participantes do programa, caso ele fosse desenvolvido no Brasil, a partir dos elementos-chave propostos pela NADCP. Elaborou-se question?rio semiestruturado, que foi aplicado a tr?s presos definitivos, tr?s presos provis?rios e tr?s adolescentes em cumprimento de medida socioeducativa. A coleta dos dados ocorreu na comarca de Frederico Westphalen. A an?lise dos dados foi realizada a partir da hermen?utica-dial?tica. A pesquisa bibliogr?fica realizou-se com livros e peri?dicos redigidos nas l?nguas portuguesa, inglesa e espanhola, dispon?veis em bibliotecas e online. Encontrou-se que a Justi?a Terap?utica deve oferecer uma possibilidade de mudan?a de comportamento, atrav?s da conscientiza??o do participante que pode/deve ocorrer ao longo do tratamento. N?o h? como conceber um programa de Justi?a Terap?utica que conte apenas com profissionais da ?rea do Direito que, por sua vez, relegam suas responsabilidades a entidades de m?tua ajuda; o programa jamais perder? sua natureza jur?dico-penal. O ideal ? que o programa seja oferecido como uma suspens?o condicional do processo. Drogas que podem tornar a pessoa mais agressiva e facilitam crimes violentos certamente devem ser aceitas; o programa deve ser oferecido para dependentes qu?micos e abusadores, sendo que quanto ao usu?rio recreativo, entende-se que essa decis?o depender? de cada programa, de acordo com suas demandas e capacidades de prover tratamento; o programa n?o deve restringir o acesso de participantes unicamente em raz?o do delito pelo qual ele foi acusado; todos programas dever?o constituir seus crit?rios a partir de suas possibilidades e recursos pr?prios. O programa de Justi?a Terap?utica n?o possui natureza de pena, nem mesmo quando aplicado ap?s a condena??o. O programa possui tra?os de uma natureza defensivista que n?o ingressa no debate sobre a pertin?ncia da descriminaliza??o do uso de drogas. Os CRAS e os CREAS podem ser provedores do tratamento de forma satisfat?ria. Trata-se, ainda, de um conceito aberto, se constitui em um caminho mais ben?fico do que o procedimento tradicional. Conclui-se que a Justi?a Terap?utica ? um programa multidisciplinar e n?o adversarial, conduzido pelo Poder Judici?rio, que busca oferecer aos acusados de praticarem delitos relacionados ao uso de drogas uma oportunidade de mudan?a do seu comportamento, que tenha condi??es de proporcionar uma redu??o dos danos individuais e, consequentemente, sociais, a partir de um programa estruturado de atua??o que ofere?a uma pluralidade de ferramentas para serem utilizadas pelos participantes ao longo do seu tratamento. Conclui-se, tamb?m, que apesar das cr?ticas que podem ser justificadamente direcionadas ? Justi?a Terap?utica, ela atende aquilo que se prop?em, no sentido de reduzir o dano causado pela incid?ncia do Direito Penal.

In the legal and mental health fields little is known about the therapeutic impact of courtroom psychology during criminal trials. The purpose of this research study was to investigate the inter-relating factors of law and psychology throughout criminal trials as experienced by lawyers and psychologists. Research questions explored the influence of courtroom psychology on criminal trial proceedings and challenges as experienced by both criminal trial attorneys in presenting mental health evidence, and by psychologists when testifying during criminal trials. Further exploration focused on the significance of courtroom psychology, and how lawyers and psychologists perceived courtroom psychology impacting justice for victims and influencing offender rehabilitation sentencing decisions. Procedural justice was the conceptual framework utilized in this investigation, and therapeutic jurisprudence was the theoretical base that guided this study. A qualitative-phenomenological research design was applied by interviewing 4 criminal law attorneys and 4 clinical forensic psychologists. Four themes emerged from the thematic analysis of the data collected: (a) an increase in the enhancement of psycho-legal services, (b) a need for additional education, (c) a desire to improve professional relationships through collaborative efforts, and (d) a demand for requiring advanced training. These results may serve as a foundation for professionals to provide ethically effective and relevant legal-therapeutic services for progressing courtroom psychology measures. Implications for positive social change from this research include recommendations to government, legal, and mental health system entities to consider generating and readjusting standards of practice that govern criminal trial proceedings.

This thesis examines the relationship between justice and recovery for survivors of sexual violence in the aftermath of armed conflict. Using the case study of the International Criminal Tribunal for the former Yugoslavia (ICTY), the thesis evaluates whether international criminal justice can contribute positively to victim vindication and restoration. While the historical war crimes tribunals at Nuremberg and Tokyo have been widely criticised for exercising a “victor’s justice”, this thesis illustrates a discernible shift towards a form of “victim’s justice” that extends beyond the parameters of punishment and proportionality for serious violations of international humanitarian law (IHL). Restorative principles of justice have thus been increasingly incorporated within current international criminal jurisdictions, reflected in victim-friendly legislation at the ICTY and the recently established International Criminal Court (ICC). These developments recognise the significance of justice for victims in the aftermath of armed conflict. (For complete abstract open document)

This thesis examines the relationship between justice and recovery for survivors of sexual violence in the aftermath of armed conflict. Using the case study of the International Criminal Tribunal for the former Yugoslavia (ICTY), the thesis evaluates whether international criminal justice can contribute positively to victim vindication and restoration. While the historical war crimes tribunals at Nuremberg and Tokyo have been widely criticised for exercising a “victor’s justice”, this thesis illustrates a discernible shift towards a form of “victim’s justice” that extends beyond the parameters of punishment and proportionality for serious violations of international humanitarian law (IHL). Restorative principles of justice have thus been increasingly incorporated within current international criminal jurisdictions, reflected in victim-friendly legislation at the ICTY and the recently established International Criminal Court (ICC). These developments recognise the significance of justice for victims in the aftermath of armed conflict. (For complete abstract open document)

Thesis (Ph.D.)--University of Melbourne, Dept. of Criminology, 2005. / Typescript. Includes bibliographical references (leaves 321-365).

Drug offenders continue to cost citizens and governments money, while drug courts attempt to rehabilitate offenders and reduce recidivism. The Level of Service Inventory-Revised (LSI-R) is a risk assessment tool used by courts and probation offices to determine needs and risks of offenders, and often determine levels of supervision. The purpose of this quasi experimental study was to determine if there is a statistically significant association between the initial LSI-R scores of offenders entering drug courts and their successful completion of the drug court program. Therapeutic jurisprudence theory, the theoretical framework for this study, suggests that the courts and the law are therapeutic to people and that drug treatment will promote positive behavior changes for the offenders. Data for this study were acquired from a database provided by a Kansas drug court, including initial LSI-R scores, completion records, and demographics of 210 drug court participants. A one-way ANOVA was used to test the hypotheses. Significant statistical results were found, indicating that drug court success was positively associated with the LSI-R score. The study may lead to social change by providing information about participants, most likely to benefit from drug court programs, which will save governments money and make room in the programs for more successful candidates, thus producing more productive citizens in the community.

The present study examined felony mental health court and mental health probation used in conjunction and whether those on mental health probation had a reduced rate of rearrest and psychiatric hospitalization as compared to participants on regular probation or not on either form of probation. The research explored whether specific variables predicted a reduced rate of hospitalization and arrest among the participants on mental health probation. Results found mental health probationers did not significantly differ from the probationers in their rate of rearrest, and were rearrested more frequently then participants not on probation. Mental health probationers did not differ significantly from regular probationers or those without probation in psychiatric hospitalization frequency. Within the mental health probationers type of crime, presence of a violent crime, age, gender, education level, history of substance abuse, prescription of psychiatric medication, diagnosis, mental retardation and prior psychiatric hospitalizations did not predict arrest. The above variables also did not predict psychiatric hospitalization, with the exception of a history of psychiatric hospitalization which predicted a higher rate of hospitalization while on mental health probation. Factors influencing these results and limitations of the present study were offered.