Enforcer, manager or leader? The judicial role in family violence courts.
Judicial supervision of offenders is an important component of many family violence courts. Skepticism concerning the ability of offenders to reform and a desire to protect victims has led to some judges to use supervision as a form of deterrence. Supervision is also used to hold offenders accountable for following court orders. Some family violence courts apply processes used in drug courts, such as rewards and sanctions, to promote offender rehabilitation. This article suggests that while protection and support of victims should be the prime concern of family violence courts, a form of judging that engages offenders in the development and implementation of solutions for their problems and supports their implementation is more likely to promote their positive behavioral change than other approaches to judicial supervision. The approach to judging proposed in this article draws from therapeutic jurisprudence, feminist theory, transformational leadership and solution-focused brief therapy principles.
King
Michael
M
Faculty of Law, Monash University, Australia. Michael.king@law.monash.edu.au
Batagol
Becky
B
D001315:Australia; D001521:Behavior Therapy; D019548:Crime Victims / Q000331:legislation & jurisprudence* / Q000523:psychology; D003674:Defense Mechanisms; D017579:Domestic Violence / Q000331:legislation & jurisprudence* / Q000517:prevention & control / Q000523:psychology; D006801:Humans; D033222:Judicial Role; D007857:Leadership; D001523:Mental Disorders / Q000175:diagnosis / Q000523:psychology / Q000534:rehabilitation; D009042:Motivation; D026706:Paternalism; D010349:Patient Compliance / Q000523:psychology; D011329:Prisoners / Q000331:legislation & jurisprudence / Q000523:psychology; D011369:Professional-Patient Relations; D011379:Prognosis; D012449:Safety; D013179:Spouse Abuse / Q000331:legislation & jurisprudence* / Q000517:prevention & control / Q000523:psychology