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“Dumb on Crime”

“Dumb on Crime”

“Dumb on Crime” Republicans, Democrats, Libertarians, liberals and conservatives, there was support from both the right and the left to dismantle the “war on drugs” and reduce mass incarceration.  For a number of years, citizens have rejected the politicians’ shibboleth of “tough on crime.”  Public opinion polls supported treatment over incarceration, particularly for non-violent crimes.  […]

Take Me Koala Back, Jack

Take Me Koala Back, Jack

Take Me Koala Back, Jack Melbourne, Victoria The distance between San Francisco, my home airport, and Melbourne, Australia is 7,860 miles and the flight time is about 17 ½ hours including a change of planes in Los Angeles. However, when you get there it’s always surprising how much more we are like the Aussies than […]

Why Democracy?

Why Democracy?

Why Democracy? The number of people claiming that the American governmental system is broken and that it is impossible to fix is growing. Anti-democratic rhetoric is now common. On Twitter, Facebook and other social media, people routinely claim that our founders created a republic, not a democracy, while others express support for rolling back democratic […]

Therapy and Justice Belong Together

Therapy and Justice Belong Together

Therapy and Justice Belong Together Guest Authors ARIE FREIBERG, Emeritus Professor of Law, Monash University Dr BECKY BATAGOL, Senior Lecturer in Law, Monash University Both Co-Authors Non-Adversarial Justice, 2nd ed, 2014 The Australian published an opinion piece in which Jennifer Oriel argued that that ‘activist judges’ are usurping the role of parliament in promoting non-adversarial justice, therapeutic […]

Therapeutic Jurisprudence, Procedural Justice And Labeling Theory – A Continuum Of Fairness

Therapeutic Jurisprudence, Procedural Justice And Labeling Theory – A Continuum Of Fairness

Therapeutic Jurisprudence, Procedural Justice And Labeling Theory – A Continuum Of Fairness Few would argue that the judge is the most influential person in the courtroom. From increasing positive drug treatment court outcomes to choosing a fair and representative jury, judges can not only affect the actual outcomes of legal disputes but they overwhelming set […]

Hospital Liability: Understanding the Issues

Hospital Liability: Understanding the Issues

Hospital Liability: Understanding the Issues Hospital liability arises from two separate and distinct sources. The first comes from malpractice committed by medical staff and the second arises from the negligence of administrative staff.   The legal theories behind these two sources of litigation are different and can cause confusion for hospital administrators. While a hospital’s liability […]

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts The factors that make up a successful Drug Treatment Court (DTC) are diverse, but the emerging research demonstrates, beyond a reasonable doubt, that the interaction between a judge and a participant is central to that success[1]. The bond between participant and judge is not solely […]