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11 – 20 of 140From the mid-1980s to the mid-1990s, several prominent feminist legal scholars made a case for “difference feminism.” Inspired by psychologist Carol Gilligan’s classic text, In a…
Abstract
From the mid-1980s to the mid-1990s, several prominent feminist legal scholars made a case for “difference feminism.” Inspired by psychologist Carol Gilligan’s classic text, In a Different Voice, these scholars argued that social relationships, caring, and the emotions should be recognized as important to jurisprudence and legal regulation. Today, difference feminism is no longer a dominant movement within legal scholarship, but reformers are bringing “mindfulness,” “emotional intelligence,” and attention to relationships into law and business – a development dubbed “therapy culture” by its critics. This essay describes some of the manifestations of therapy culture in law and argues for more feminist engagement.
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– The purpose of this paper is to develop a medico-judicial framework for rehabilitation of forensic psychiatric patients in Zimbabwe.
Abstract
Purpose
The purpose of this paper is to develop a medico-judicial framework for rehabilitation of forensic psychiatric patients in Zimbabwe.
Design/methodology/approach
Grounded theory of the Charmaz (2006, 2014) persuasion was used. An exploratory qualitative design was utilised. The theoretical framework that was used as a point of departure was Pierre Bourdieu’s conceptual canon. Participants were purposefully and theoretically sampled. These included the judiciary, patients, patients’ family, psychiatrists, nurses, social workers, experts in forensic psychiatric practice. They were 32 in total.
Findings
The findings reflected a need to realign the dislocation and dissonance between and within the fields of the prison system, medical system, and the judiciary. The realignment was done by co-constructing a therapeutic jurisprudent medico-judicial framework for rehabilitation of forensic psychiatric patients in Zimbabwe with participants who were stakeholders in forensic psychiatric rehabilitation.
Research limitations/implications
The study was focused on male forensic psychiatric patients rehabilitation and not on female forensic psychiatric patients because there were important variables in the two groups that were not homogenous. However, it is possible that including females in the study could have added perspective to the study. This also limits the generalisation of findings beyond the male forensic psychiatric participants. Services beyond the experience of participants translate to the notion that findings cannot be generalised beyond the parameters of the study. Future research and service evaluation and audit need to be considered. The study findings focused on the “psychiatric” aspect and did not emphasise the “forensic” aspect of the service delivery service. Future research may need to feature physical provisions and progression pathways with reference to “forensic” risk reduction as a parallel goal.
Practical implications
The study calls for the following: Transformation of the medico-judicial system, adjusting legislation and restructuring of the public service; changing of public attitudes to enable implementation of the medico-judicial framework; there is need for a step by step process in the implementation of the framework in which training needs of service staff, social workers, community leaders and key stakeholders will need to be addressed; the proposed changes presented by the model will require cultural, financial and infrastructural shifts.
Social implications
There is need for policy makers to re-enfranchise or rebrand forensic psychiatric rehabilitation services in Zimbabwe. This could positively involve the marketing of forensic psychiatric rehabilitation to the stakeholders and to the public. This is projected to counter the stigma, disinterest and disillusionment that run through both professionals and public alike. This will foster a therapeutic jurisprudence that upholds the dignity and rights of forensic psychiatric patients.
Originality/value
This work is an original contribution to forensic psychiatry in Zimbabwe. Research in that area is prohibitive because of the complexity of processes that are followed. This research is therefore ground breaking.
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– The purpose of this paper is to explicate the lived experiences of nurses involved in rehabilitation of forensic psychiatric patients in special institutions in Zimbabwe.
Abstract
Purpose
The purpose of this paper is to explicate the lived experiences of nurses involved in rehabilitation of forensic psychiatric patients in special institutions in Zimbabwe.
Design/methodology/approach
The study used the grounded theory approach utilising a mixed sequential dominant status design (QUAL/Quant). Pierre Bourdieu’s conceptual canon of field, habitus and capital was used as a theoretical point of departure by the research study. Confirmatory retrospective document review of 119 patients’ files was also done to substantiate the nurses’ experiences. Theoretical sampling of relatives was also done.
Findings
Findings and results revealed that nurses seemed to experience infrahumanisation, a subtler form of dehumanisation. The infrahumanisation was embodied in the unpleasant context in which nurses were expected to perform their mandate of championing rehabilitation of forensic psychiatric patients. The guards who represented the prison system seemed to possess all forms of capital in the prison system (where special institutions are housed): the prison cultural capital, social capital and economic capital. This capital seemed to represent symbolic power over the disillusioned and voiceless nurses. Guards attended to and discussed patients and relatives issues instead of nurses. This form of misrecognition of the nurses culminated in dominance and reproduction of the interests of the prison system which underlined the established order of realities in the rehabilitation of forensic psychiatric patients in special institutions at the time of the study. The nurses’ lived experience was confirmed by theoretically sampled by relatives of forensic psychiatric patients who also participated in the research study. Nurses’ powerlessness was also reflected in the patients’ files in which in which care was largely not documented.
Research limitations/implications
The study focused on the nurses experiences related to rehabilitation of male forensic psychiatric patients and not on female forensic psychiatric patients because there were important variables in the two groups that were not homogenous. For the little documentation that was done, there was also a tendency nurses to document negative rather than positive events and trends. The documents/files of patients had therefore a negative bias which was a major limitation to this study.
Practical implications
There is a need for major revision of the revision of the role of the nurse in the forensic psychiatric setting. Collaboration as academia, practice, professional organisations and regulatory bodies would foster a nurse led therapeutic jurisprudence in the future of rehabilitation of forensic psychiatric patients in Zimbabwe.
Social implications
There is a need for major revision of the revision of the role of the nurse in the forensic psychiatric setting.
Originality/value
This is the first description of the position of nurses’ seconded to special institutions in Zimbabwe and will go a long way in realigning conflictual policy documents guiding care of forensic psychiatric patients in special institutions.
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The purpose of this research is to considers the degree to which drug courts (DCs) in New South Wales (NSW) adhere to the ten key components (TKCs), which were developed by the…
Abstract
Purpose
The purpose of this research is to considers the degree to which drug courts (DCs) in New South Wales (NSW) adhere to the ten key components (TKCs), which were developed by the National Association of Drug Court Professionals, as a model practice for implementing DCs.
Design/methodology/approach
This study relied upon semi-structured interviews conducted with 21 professionals who work in the DC field from NSW. The sample represented various stakeholders responsible for the delivery of drug court programs (DCPs) in NSW. A qualitative analysis was conducted, this analysis uncovered practices adopted by the DC that go beyond those that were standardised in the closed-ended questions but nevertheless fell within the TKCs. The qualitative analyses added weight to the results determined by the descriptive statistics.
Findings
The results confirm that DCs in NSW adhere to the TKCs that describe successful DCPs internationally. In spite of this, several key components accomplished higher adherence rates than others. What can be said is that over 60% of the component’s benchmarks achieved the 80% target determined by the writer.
Research limitations/implications
The key components that have lower adherence rates are anticipated and must not be interpreted as undesirable results. DCs are encouraged to modify their programme characteristics to ensure further adherence to the specified benchmarks. To this extent, high regard is given to the practices adopted and identified through the qualitative data analysis.
Practical implications
The recommendations made to DCs in NSW are consistent with implementing model DCPs as defined by the National Association of Drug Court Professionals in 1997.
Originality/value
The TKCs are fundamentally standards for implementation and open an opportunity for discussion and are open for opportunity and examination. In theory and practice, each DC may interpret and implement the TKCs differently. In this regard, there is value in gaining an appreciation of pw DCs are interpreting the TKCs and applying them. It is business as usual at DCs; however, this research has demonstrated that there is no lack of innovation when it comes to DC in NSW implementing the TKCs.
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Julie Stubbs, Sophie Russell, Eileen Baldry, David Brown, Chris Cunneen and Melanie Schwartz
The purpose of this paper is to explore the impact of location on access to justice for vulnerable defendants seeking bail.
Abstract
Purpose
The purpose of this paper is to explore the impact of location on access to justice for vulnerable defendants seeking bail.
Design/methodology/approach
Qualitative interviews were conducted with legal practitioners from rural, suburban and urban areas as part of a larger study into bail support services in Victoria, Australia.
Findings
Interview participants identified a dearth of bail support resources in rural, regional and remote (RRR) areas compared to their urban counterparts. This dearth impacted negatively on some defendants’ outcomes in the justice system, particularly for young people and those experiencing homelessness.
Practical implications
This study helps in improving policy through greater understanding of issues with RRR service provision; adds to knowledge for service providers on access to justice; highlights specific areas of concern for vulnerable populations; and provides a more nuanced understanding of location-based issues.
Originality/value
This research found that resourcing issues cannot be understood simply through an RRR/urban binary and that more complex factors impacting access to justice and access to services for vulnerable people should be incorporated into future analysis and policy development. This more nuanced understanding is useful across national and international contexts when developing policies to improve bail support service provision.
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O. Hayden Griffin, III and Vanessa H. Woodward
One of the greatest challenges for drug regulation is valid, comprehensive surveillance of drugs after they reach the pharmaceutical market. The purpose of this paper is to…
Abstract
Purpose
One of the greatest challenges for drug regulation is valid, comprehensive surveillance of drugs after they reach the pharmaceutical market. The purpose of this paper is to propose a new method of individual and aggregate-level postmarket surveillance using data previously (and continuously) collected by drug courts, which are in operation in nearly every geographic corner of the USA.
Design/methodology/approach
To determine the feasibility of such an undertaking, data were obtained from an urban, southern county drug court. Intake data included all participants from September 2012 to November 2013. The final sample included 532 drug court participants.
Findings
Intake data were found to include various demographic variables, measures of drug use, and various sociological/criminological variables such as familial and social support, church attendance, and other pertinent variables for studying drug use and crime trends generally.
Practical implications
By using intake data from drug courts in a manner similar to Uniform Crime Report or National Incident-Based Reporting System, this could add greatly to the understanding of crime and drug use.
Social implications
The authors purport that a data management system of drug court intake data could provide a cost-efficient and generalizable representation of drug use of those within the criminal justice system.
Originality/value
Many efforts have been employed in an attempt to better ascertain where high rates of drug use occur. By using drug courts as more than just a system of treatment, postmarketing surveillance could be improved.
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The purpose of the present study is to analyze highly cited articles and global research emphases and trends of law and psychiatry (L&P) research during the period of 1993 to 2012…
Abstract
Purpose
The purpose of the present study is to analyze highly cited articles and global research emphases and trends of law and psychiatry (L&P) research during the period of 1993 to 2012 from the Web of Science (WOS) database. Besides the analysis of highly cited articles to learn about the classic articles and intellectual base of the L&P research domain, an attempt is made to detect research emphases and trends of the study field.
Design/methodology/approach
The present study applies quantitative analyses of citations of scientific publications to find highly cited articles and summarizes research hotspots and trends on L&P research articles from WOS during 1993-2012 using statistical analysis of words in titles, KeyWords Plus, author keywords and co-keywords.
Findings
The top 21 highly cited articles of research on L&P were found; most of the highly cited papers used survey research to measure patterns of violence of psychiatric patients. This present study identified forensic psychiatry, mental health and criminal offenders were the continuing mainstream topics in the L&P field and risk assessment, risk factors and risk management of violent behavior, legislation for sexual offences, mental health courts, recidivism and expert testimony were recent research emphases and trends of the study field. On the contrary, psychiatric hospitalization, psychiatrist-patient, community and services were not mainstream topics in the study field and were of decreasing importance and popularity in L&P research. Additionally, the topics of violent behavior and risk assessment have developed to a significant subgroup of L&P research. Finally, research emphases and trends in the L&P field were found based on the co-keywords cluster map and density map.
Originality/value
This is the first study to quantify and detect research emphases and trends in L&P from the WOS during 1993-2012, which may provide the groundwork for future studies of the L&P research domain, and offer some important suggestions and implications for professional researchers, specialists, publications’ editors and public policy makers concerned with the domain.
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Brianna Chesser, Ken Smith, Alyssa Sigamoney and Casey Becker
This paper aims to examine the ways in which the criminal justice system has evolved to accommodate mental illness. Mental health courts are one such alternative; these courts…
Abstract
Purpose
This paper aims to examine the ways in which the criminal justice system has evolved to accommodate mental illness. Mental health courts are one such alternative; these courts actively seek rehabilitative and therapeutic outcomes for participants. However, current literature suggests that these courts are ineffective for offenders who have been diagnosed with borderline personality disorder (BPD).
Design/methodology/approach
The aim of the current inquiry was to determine the degree to which participation in the Assessment and Referral Court (ARC) List in the Magistrates’ Court of Victoria reduced re-offending rates for offenders diagnosed with BPD by providing a comparative analysis of pre and post ARC List offending.
Findings
The results of a two-year recidivism study suggest that successful completion of the ARC List reduces recidivism for 50% of offenders diagnosed with BPD.
Originality/value
To the authoring team’s knowledge, this is the second paper to explore the efficacy of the Assessment of Referral Court List (Magistrates’ Court of Victoria) in reducing recidivist behaviours for programme participants; however, it is the first paper to look specifically at the recidivist behaviours of participants of the Assessment of Referral Court List (Magistrates’ Court of Victoria) who have been diagnosed with BPD.
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This paper examines the consequences of the overlap between punishment and rehabilitation practices, and inquires into the implications for individuals who assess and treat…
Abstract
This paper examines the consequences of the overlap between punishment and rehabilitation practices, and inquires into the implications for individuals who assess and treat offenders. More specifically, I make three claims concerning the relationship between offender rehabilitation and punishment. First, rehabilitation as it is commonly understood in the offending arena contains some components that meet the criteria for punishment, in the ethical sense of that term. It is also true that there are aspects of rehabilitation that are focused directly on assisting offenders to live better lives (higher levels of well‐being) and therefore which do not meet the criteria for punishment. Second, there are a number of significant practice implications that follow from the hybrid nature of offender rehabilitation. Third, Duff's communicative theory of punishment (Duff, 2001) offers clinicians a stronger justification for the punishment aspects of rehabilitation than its retributive and consequential rivals.
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