Conceptualisations of Justice

Question 1

Alternative Dispute resolution (ADR)

Answer 1

There has been an increase in ADR recently as a result of:

• Cost of litigation (court costs and lawyer fees)
• Alterations to criminal codes allowing for ADR
• Development of ADR programs

Question 2

Therapeutic Jurisprudence (TJ)

Answer 2

TJ suggests that the law can be seen to function as a therapist or therapeutic agent with legal rules procedure and legal actors producing therapeutic or anti-therapeutic consequences
TJ attempts to identify anti-therapeutic consequences and minimize these. Developed in the 80’s.

Considerations/elements:

• The psychological/therapeutic needs of the individual
• The individual autonomy of legal actors
• The integrity of the fact-finding process (note lack of the term “adversarial”)
• Community safety
• Efficiency
• Economy

Question 3

Restorative Justice (RJ)

Answer 3

Developed in the 70’s and heavily based on encouraging the positive impacts of victim/offender reconciliation.
Examples are Indigenous sentencing circles.

Question 4

Three Conceptualisations of Justice

Answer 4

1. Alternative Dispute resolution (ADR)
2. Therapeutic Jurisprudence (TJ)
3. Restorative Justice (RJ)

Question 5

ADR: Types of Third-Party Interventions (5)

Answer 5

1. Conciliation – bring together the two parties to discuss the conflict. Conciliator role is to facilitate discussion
2. Mediation – bring together the two parties to discuss the conflict. Mediator role is to be actively involved in identifying the problem as well as potential solutions
3. Arbitration – bring together the two parties to discuss the conflict. Arbitrator role is to be actively involved in identifying the problem and then to make a binding decision
4. Adjudication – bring together the two parties to present their case to the adjudicator (i.e., judge). Adjudicator role is to listen to both sides, question both sides and make a binding decision
5. Fact-Finding – Fact finder meets independently with the two parties and then make a binding decision

Question 6

ADR: Psychological Aspects

Answer 6

The selection, and subsequent effectiveness, of a third-party conflict intervention may be impacted by the following variables.

Low——————High

• Level of perceived importance (How important is this to the people involved)
• Level of communication between the two parties (can they be in the same room together)
• Level of commitment to the process

Question 7

ADR: The sequential intercept model

Answer 7

As a society there are 5 places we can intervene with crime:

Intercept 1: Law Enforcement & Emergency Services

Intercept 2: Initial Detention/Initial Hearing & Pre-Trial Services

Intercept 3: Post Initial Hearings (Jail/Prison, Courts, Forensic Evaluations & Commitments Hearings)

Intercept 4: Re-Entry from Jails, Prisons, and Forensic Hospitalization

Intercept 5: Community Corrections & Community Support

Question 8

Restorative Justice: Guiding Principles

Answer 8

• Redefining the crime
• Reparation
• Participation

Question 9

Therapeutic Jurisprudence

Answer 9

The TJ model has resulted in the establishment of numerous alternative courts, including:
Problem-Solving Courts – aimed at identifying those who are continually facing court and being sentenced. The goal is to identify the chronic problem(s) at the core of this situation and address these problems.
Drug Courts – developed especially for offenders whose crimes are based on addiction. Sentences are often linked to mandated drug treatment programs.