Therapeutic Jurisprudence

Therapeutic jurisprudence (TJ) is a legal philosophy that aims to combine psychological knowledge with the way the courts handle cases involving individuals with mental illness and disabilities that hinder their ability to comply with the law. This approach emphasizes dispensing justice with compassion rather than rigid adherence to legal protocols, and it calls for retraining legal personnel to be more attuned to the psychological needs of those they serve.

A key tenet of TJ is to avoid criminalizing the mentally ill and disabled, who may find themselves trapped in a cycle of incarceration and hospitalization. To address this issue, specialty courts have been established, including mental health, domestic violence, drug, and veterans’ courts, which offer unique services tailored to the specific needs of each population. For example, domestic violence courts may require perpetrators to attend psycho-educational batterers treatment programs, while mental health courts typically require defendants to regularly report on their progress with various referral services, such as medical and psychological treatment compliance, housing, education, or job training. Similarly, drug courts may monitor compliance with sobriety and program attendance. These courts are usually organized as a team approach and have been successful in reducing recidivism rates and promoting personal responsibility and recovery.