Therapeutic Jurisprudence in Swift and Certain Probation. (November 2020)

• Record Type: Journal Article
• Authors: Frailing, Kelly; Alfonso, Brandi; Taylor, Rae
• Other Names: Frailing Kelly guest-editor.; Perlin Michael L. guest-editor.
• Is Part Of: American behavioral scientist. Volume 64:Number 12(2020)
• Page Start: 1768
• Page End: 1785
• Publication Date: 2020-11
• Subjects: Swift and Certain probation -- therapeutic jurisprudence -- procedural justice -- mixed methods; Social sciences -- Periodicals; Political science -- Periodicals; United States -- Social conditions -- Periodicals; United States -- Politics and government -- Periodicals; 300
• DOI: 10.1177/0002764220956694
• Languages: English
• ISSNs: 0002-7642

Abstract

While the manifestation of therapeutic jurisprudence in specialty courts such as mental health and drug courts has received attention in the literature, there is little scholarship on the manifestation and function of therapeutic jurisprudence in probation settings. This study examines therapeutic jurisprudence in the context of a HOPE-based probation program called Swift and Certain probation. We observed status hearings and surveyed participants on their perceptions of the program for over 2 years. We found that therapeutic jurisprudence was manifested in the judge's liberal use of praise during status hearings, which appeared to be an important part of participants' positive perceptions of him and of procedural justice more generally. It was also manifested, though less directly, in interactions and relationships participants have with their probation officers. We conclude with suggestions for the implementation of therapeutic justice practices in Swift and Certain and similar probation programs.