The International Journal of Therapeutic Jurisprudence Volume 1 Spring 2016 Number 1
Total Page：16
File Type：pdf, Size：1020Kb
THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE VOLUME 1 SPRING 2016 NUMBER 1 Published by Arizona Summit Law School Phoenix, Arizona 85004 Published by Arizona Summit Law Review, Arizona Summit Law School, 1 North Central Avenue, Phoenix, Arizona 85004. ISSN 2474-2570 (Print) ISSN 2474-2589 (Online) Arizona Summit Law Review welcomes the submission of manuscripts on any legal topic and from all members of the legal community. Submissions can be made via ExpressO at http://law.bepress.com/expresso, via e-mail to [email protected], or via postal service to: Editor-in-Chief Arizona Summit Law Review Arizona Summit Law School 1 North Central Avenue Phoenix, Arizona 85004 We regret that manuscripts cannot be returned. All submissions should conform to an academic citation style. The International Journal of Therapeutic Jurisprudence is published on a rolling basis by the Arizona Summit Law School. Direct all subscription inquiries and communications to the Editor-in-Chief at the address given above. Copyright © 2016 by Arizona Summit Law Review on all articles, comments, and notes, unless otherwise expressly indicated. Arizona Summit Law Review grants permission for copies of articles, comments, and notes on which it holds a copyright to be made and used by nonprofit educational institutions, provided that the author and Arizona Summit Law Review are identified and proper notice is affixed to each copy. All other rights reserved. Copyright © 2016 by Arizona Summit Law Review. Cite as: 1 INT’L J. THER. JURIS. ___ (2016). FOREWORD Dear Readers, Thank you for taking the time to peruse this inaugural issue of The International Journal of Therapeutic Jurisprudence. In this issue, we have presented an eclectic mix of Therapeutic Jurisprudence articles from students, academics, and practitioners throughout six countries across the globe. The International Journal of Therapeutic Jurisprudence was a logical progression in expanding our main journal, Arizona Summit Law Re- view. This new journal seeks to supplement traditional law review articles with work from all fields. Its mission is to publish practical material that engages and influences the legal and scientific commu- nities. We thank Professor David Wexler for all his insight and support, which made this journal possible. With the help of Professor Wexler, we hope to continue our collection of TJ articles and expand our read- ership throughout legal and scientific communities worldwide. Whether you are an attorney or social scientist, student or practitioner, we hope this journal will help you use TJ in your field to better provide therapy through law. --Arizona Summit Law Review THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE Copyright © 2016 by Arizona Summit Law Review CONTENTS INTRODUCTION TO TJ AN INTRODUCTION TO DAVID WEXLER, THE PERSON BEHIND Constance THERAPEUTIC JURISPRUDENCE Backhouse 1 TJ IN PRACTICE RELEASE AND SUPERVISION: RELATIONSHIPS AND SUPPORT FROM Martine CLASSIC AND HOLISTIC ATTORNEYS Herzog-Evans 23 Susan Hatters Friedman, HOW DO EVALUEES HEAR Suzanne Yang, TESTIMONY? FORENSIC EXPERTS' Andrew J.S. VIEWS Howie 59 THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE Copyright © 2016 by Arizona Summit Law Review CONTENTS SENTENCING AND RESTORATION THROUGH TJ DRUG COURTS—JUST THE BEGINNING: HOW TO GET OTHER CAROLINE S. AREAS OF PUBLIC POLICY IN SYNC? COOPER 73 RESTORING THE WEAK AND THE VICTIMIZED Lori Carroll 119 THERAPEUTIC JURISPRUDENCE AND THE SENTENCING OF FAMILY VIOLENCE OFFENDERS: DOES THE SENTENCING ‘BOTTLE’ IN VICTORIA NEED TO CHANGE? Paula O’Byrne 147 THE GLOBALIZATION OF THE PRIVATE PRISON INDUSTRY AND ITS EFFECTS ON THE MENTAL HEALTH CARE OF INMATES A COMPARATIVE Jontue J.G. ANALYSIS Garofalo 191 A NEW CHALLENGE: AYAHUASCA & Nikkole Parker DRUG COURTS Rapoza 227 THERAPEUTIC JURISPRUDENCE: A Alexandra NOVEL APPROACH Connelly 261 THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE Copyright © 2016 by Arizona Summit Law Review CONTENTS MAINSTREAMING TJ SYMPATHY AND EMPATHY IN THERAPEUTIC JURISPRUDENCE FROM A PSYCHOANALYTIC PERSPECTIVE: FROM FREUD TO POSNER AND BEYOND Archie Zariski 291 MAINSTREAMING THERAPEUTIC JURISPRUDENCE IN CRIMINAL COURTS WITH A FOCUS ON BEHAVIORAL CONTRACTING, PREVENTION PLANNING, & REINFORCING LAW- Douglas B. ABIDING BEHAVIOR. Johnson 313 TJ OR TM? A THERAPEUTIC JURISPRUDENCE APPROACH TO NATIVE AMERICAN TRADEMARK H. Patrick REGISTRATIONS Harwood 337 THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE Copyright © 2016 by Arizona Summit Law Review CONTENTS INTEGRATING PROCEDURAL JUSTICE WITH TJ GUIDING COURT CONVERSATION ALONG PATHWAYS CONDUCTIVE TO REHABILITATION: INTEGRATING PROCEDURAL JUSTICE AND THERAPEUTIC JURISPRUDENCE David B. Wexler 367 PROCEDURAL JUSTICE AND OFFICER- INVOLVED-SHOOTINGS Kimberly Hewes 373 LEGAL BEAGLES, A SILENT MINORITY: THERAPEUTIC EFFECTS OF FACILITY DOGS IN THE COURTROOM Lorie Gerkey 405 THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE VOLUME 1 SPRING 2016 NUMBER 1 EXECUTIVE BOARD EDITOR-IN-CHIEF CLARISSA ESTRADA SOBRINO EXECUTIVE MANAGING EDITOR, INT’L J. THER. JURIS. WILLIAM CAWTHON EXECUTIVE MANAGING EXECUTIVE MANAGING EDITOR, EXECUTIVE STUDENT EDITOR, ACCORD SCHOLARSHIP EDITOR ARIZ. SUMMIT L. REV. DANAE FIGUEROA MELANIE FAHRBACH- JOHNATHAN HANES STAATS EXECUTIVE ARTICLES EXECUTIVE EDITOR OF EDITOR EXECUTIVE TECHNICAL STUDENT SCHOLARSHIP H. PATRICK HARWOOD EDITOR TRAINING JULIANN DUBERRY DUSTIN FAHRBACH- STAATS FACULTY ADVISOR HON. MICHAEL D. JONES (RET.) THE INTERNATIONAL JOURNAL OF THERAPEUTIC JURISPRUDENCE VOLUME 1 SPRING 2016 NUMBER 1 MANAGING EDITORS VICE MANAGING EDITORS VICE EXECUTIVE EDITOR OF TIMOTHY EMMART STUDENT SCHOLARSHIP TEAMS HANNA JUNCAJ SHERRITA SMOAK DARRELL (“SCOTT”) RESENDEZ JENNIFER RICHARDS STUDENT SCHOLARSHIP EDITORS LINDSEY LAMEY TEAM LEADERS LAURIE ANNE THORHAUG RICHELLE BURCH JAMES WOHLGEMUTH ASHLEY GARCIA ALEXANDER JOHN TECHNICAL EDITORS AARON REED PATRICIA MARKISON ZACHARY PIERCE STAFF EDITORS MERISSA AMIRI MICHAEL GRUBBS KATHERINE BARNES AMBER KING JACQUELINE BORES WAYNE LAMB NICHOLAS COOK TINASHE MACHONA ERICA DANIELS DAVID MERCER GEOFFREY DENIGHT CORY MILLER ZACHARY DIVELBISS KAREN NOLAN ALISSA ELLIS DALJITPAL PARMAR FARGOL GHADIRI ERIC WILLIAMS INFORMATION TECHNOLOGY EDITORS JEREMY HAMMOND JAMES NACHBAR ARIZONA SUMMIT LAW SCHOOL FACULTY Donald E. Lively, A.B., M.S.J., J.D., President Shirley Mays, B.A., J.D., Dean and Professor of Law Theresa Burnham, B.A., M.S., J.D., Assistant Professor of Law Susan Daicoff, B.A., M.S., J.D., LL.M., Professor of Law Suzanne Dohrer, B.A., J.D., Associate Professor of Law Stacey Dowdell, B.A., J.D. Associate Professor of Law; Daniel Dye, B.A., J.D., Emeritus Assistant Professor of Law Mitchell Fleischmann, B.S., J.D., Assistant Professor of Law Brigham Fordham, B.A., J.D., Professor of Law Hon. Stephen A. Gerst (Ret.), B.A., J.D., Emeritus Professor of Law Steven Gonzales, B.A., J.D., Associate Professor of Law Betsy Hollingsworth, B.A., J.D., Associate Professor of Law and Director of Clinical Program Jalila Jefferson-Bullock, B.A., J.D., Assistant Professor of Law Hon. Michael D. Jones (Ret.), B.A., J.D., Associate Professor of Law and Faculty Advisor for Arizona Summit Law Review Jennifer Kopolow, B.A., J.D., Assistant Professor of Law Christine Ritland, B.A., J.D., Assistant Professor of Law Lawrence Robinson, B.A.,J.D., Assistant Professor of Law Marren Sanders, B.A., J.D., LL.M., S.J.D., Associate Professor of Law, Dean of Academic Outcomes Kenya Smith B.S., J.D., Assistant Professor of Law Jennifer E. Spreng, B.A., J.D., Emeritus Associate Professor of Law Greg Stanton, B.A., J.D., Adjunct Professor of Law Jalae Ulicki, B.S., J.D., Emeritus Assistant Professor of Law Michael Widener, B.A., M.S., J.D., Adjunct Professor Hon. Penny Willrich (Ret.), B.A., J.D., M.S., Professor of Law Ann Woodley, B.A., J.D., Professor of Law AN INTRODUCTION TO DAVID WEXLER, THE PERSON BEHIND THERAPEUTIC JURISPRUDENCE Constance Backhouse* ABSTRACT: The author is a legal historian and writer of biographies who, in this short essay, has turned her attention to the work of one legal scholar, David B. Wexler, and his role in the develop- ment of the interdisciplinary field of therapeutic jurisprudence (“TJ”). The essay traces TJ's roots back to Wexler's undergrad- uate and law school education, but especially notes its emer- gence from his early academic work at the University of Arizona in mental health law. It pays close attention to Wexler's aca- demic partnership with the late University of Miami law profes- sor Bruce Winick , a close friend and academic partner, and de- scribes how Wexler and Winick nourished the field through their close contact with mental health law professors and then with interdisciplinary and international scholars, judges, and practi- tioners. The essay tries to capture the richness and breadth of TJ and to bring it to life through an examination of various stages of Wexler's academic life, both in Arizona and now in Puerto Rico. * Constance Backhouse, C.M., O.Ont., F.R.S.C., is a Professor of Law at the University of Ottawa and a regular Visiting Professor at the University of Puerto Rico School of Law. 2 INT’L J. THER. JURIS. [Vol. 1:1 David Wexler was born in 1941 in Brooklyn, New York, the eldest son of American-born parents whose roots lay in the Jew- ish diaspora from Russia and Austria.1 His father, Irving Wexler, first learned English when he entered public school in New York, yet he graduated with multiple degrees from Colum- bia University to practice dentistry in Brooklyn. His mother, Lillian Heiden Wexler, was a homemaker who was also a sum- mer office worker and dining room hostess in her family’s Hei- den Hotel in the Catskills.2 David Wexler’s youthful Brooklyn public school years bore little indication of future promise. His own recollection is that he was rarely on the “honor roll” and he was not a “voracious reader.” An indifferent student at McKinley Junior High, he dis- tinguished himself at Fort Hamilton High School as an adoles- cent “rebel” rather than as a scholar. His father’s assiduous tu- toring was the only thing that got him through high school math and geometry.