TY - JOUR PY - 2000// TI - Can the criminal law ever be therapeutic? JO - Behavioral sciences and the law A1 - McGuire, James SP - 413 EP - 426 VL - 18 IS - 4 N2 - This paper addresses the question of whether criminal law, especially in its sentencing and penological aspects, can be adjusted in its workings to incorporate the perspective of therapeutic jurisprudence. A conceptual framework developed by Wexler, Winick, and their colleagues is employed to provide a basis for reflection on the operation and impact of sentencing processes. Of considerable importance in this exercise is a mounting volume of evidence concerning the outcomes of work with adjudicated offenders, which illustrates the potential of psycho-educational, behavioral-cognitive skills-training, and therapeutic programs for reduction of recidivism. Such intervention programs are currently offered within the limits set by, but are not intrinsic components of, judicial decisions. The psycho-legal implications of these findings are discussed and some possibilities surveyed for tentative exploration of actively therapeutic departures within crimino-legal decision-making. Copyright © 2000 John Wiley & Sons, Ltd.
Language: en
LA - en SN - 0735-3936 UR - http://dx.doi.org/10.1002/1099-0798(2000)18:4<413::AID-BSL365>3.0.CO;2-H ID - ref1 ER -