Re: Mental health rehabilitation in therapeutic jurisprudence: Theoretical improvements.
Legal scholarship relevant to criminal court mental health initiatives that divert people with mental illness from prosecution to treatment has created the concept of therapeutic jurisprudence (TJ), an approach that seeks to maximize the law's potential for therapeutic outcomes. Despite recognition that TJ includes a rehabilitative response as a key animating principle and that it advocates for interdisciplinary synthesis, TJ has developed mainly from within the practice and discipline of law and without reference to the discipline of rehabilitation science, in which approaches to mental health rehabilitation (MHR) have witnessed significant developments in recent decades. In particular, concepts of MHR have shifted from a biomedical focus to a psychosocial approach, such as the recovery model, that incorporates values of self-determination, independence, and empowerment. It is argued that greater consideration of MHR will improve the theoretical validity of TJ by 1) helping define what 'therapeutic' means; 2) constructing a normative framework; and 3) broadening the scope of TJ as an interdisciplinary approach. More research is needed to ensure concepts from MHR rehabilitation science are considered in TJ legal scholarship and criminal court mental health initiatives.
University of Alberta, 3-300 Edmonton Clinic Health Academy, 11405-87 Avenue, Edmonton, Alberta, T6G 1C9, Canada. Electronic address: ferrazzi@ualberta.ca.
Priscilla
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Ferrazzi
Queen's University, 31 George Street, Kingston, ON, K7L 3N6, Canada. Electronic address: Terry.Krupa@queensu.ca.
Terry
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Krupa
D062309:Community Integration / Q000331:legislation & jurisprudence / Q000523:psychology; D003156:Community Mental Health Services / Q000331:legislation & jurisprudence / Q000458:organization & administration; D000066479:Criminal Behavior; D006801:Humans; D033183:Interdisciplinary Communication; D000070516:Intersectoral Collaboration; D001523:Mental Disorders / Q000175:diagnosis* / Q000523:psychology*; D011329:Prisoners / Q000331:legislation & jurisprudence* / Q000523:psychology*; D000067250:Psychiatric Rehabilitation / Q000331:legislation & jurisprudence* / Q000458:organization & administration / Q000523:psychology; D011788:Quality of Life / Q000331:legislation & jurisprudence / Q000523:psychology; D012017:Referral and Consultation / Q000331:legislation & jurisprudence / Q000458:organization & administration
Criminal court mental health initiatives; Interdisciplinary; Mental health rehabilitation; Recovery; Rehabilitation science; Therapeutic jurisprudence