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Therapeutic jurisprudence builds on the insight that the law can be seen to function as a kind of therapist, or therapeutic agent. Legal rules, legal procedures and the roles of legal actors (such as lawyers and judges), constitute social forces that, whether intended or not, often produce therapeutic or antitherapeutic consequences. Therapeutic jurisprudence calls for the study of these consequences with the tools of the behavioral sciences to identify them and to ascertain whether the law s antitherapeutic effects can be reduced, and its therapeutic effects enhanced, without subordinating due process and other justice values (Winick, 1997a). Therapeutic jurisprudence does not suggest that therapeutic considerations should trump other considerations. Therapeutic considerations are but one category of important factors, as are autonomy, integrity of the fact- nding process, and community safety. Therapeutic jurisprudence does not itself propose to resolve the value questions; instead, it sets the stage for their sharp articulation (Schopp, 1993; Wexler, 1992a). How to choose between competing therapeutic effects, and between con icting values when therapeutic considerations con ict with other considerations valued by law, has been raised as a concern in discussions of therapeutic jurisprudence (Kress, 1999; Schopp, 1999; Slobogin, 1995; Wexler, 1995; Winick, 1997a). The insanity defense, by producing self-attributional effects that may make it more dif cult for an individual relieved of criminal responsibility on this basis to control his future antisocial conduct, may be antitherapeutic, but abolition of the insanity defense may undermine the asp.net ean 13 EAN - 13 ASP . NET Control - EAN - 13 barcode generator with free ...
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