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Appears in Collections:Faculty of Social Sciences Journal Articles
Peer Review Status: Refereed
Title: Therapeutic jurisprudence and procedural justice in Scottish drug courts
Author(s): McIvor, Gill
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Keywords: problem solving courts
therapeutic jurisprudence
drug courts
procedural justice
Criminal procedure
Criminal courts
Criminal justice, Administration of
drug courts
Issue Date: Feb-2009
Date Deposited: 23-Apr-2009
Citation: McIvor G (2009) Therapeutic jurisprudence and procedural justice in Scottish drug courts. Criminology and Criminal Justice, 9 (1), pp. 29-49.
Abstract: Scotland, like other Western jurisdictions, has recently witnessed the development of problem-solving courts aimed at responding more effectively to issues that underlie certain types of offending behaviour. The first to be established were two pilot Drug Courts which drew upon experience of Scottish Drug Treatment and Testing Orders. In common with Drug Courts elsewhere, the Scottish pilots combined treatment, drug testing, supervision and judicial oversight. This article focuses upon the role of judicial involvement in the ongoing review of Drug Court participants’ progress, drawing upon court observation and interviews with offenders and Drug Court professionals. Drug Court dialogues were typically encouraging on the part of sheriffs, aimed at recognising and reinforcing the progress made by participants and motivating then to maintain and build upon their achievements to date, while participants were generally responsive to the positive feedback they received from the sheriffs as their orders progressed. Interactions within the Scottish Drug Courts reflect key features of procedural justice (Tyler, 1990), including ethicality, efforts to be fair and representation. By contributing to enhanced perceptions of procedural justice, Drug Court dialogues may, it is argued, increase the perceived legitimacy of the court and by so doing encourage increased compliance with treatment and desistance from crime.
DOI Link: 10.1177/1748895808099179
Rights: The final, definitive version of this article has been published in the Journal, Criminology and Criminal Justice, Volume 9, Issue 1, 2009, © SAGE Publications, Inc. 2009 by SAGE Publications, Inc. at the Criminology and Criminal Justice page: on SAGE Journals Online:

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