The research aims to study therapeutic justice model, which is being developed by therapeutic jurisprudence and problem-solving courts, as a model for criminal justice reform in Korea.
Therapeutic jurisprudence has been developed as an interdisciplinary examination of the (criminal) law's potential as a therapeutic agent. It suggests that these positive and negative consequences be studied with the tools of the behavioral sciences, and that law be reformed to minimize anti-therapeutic consequences and to facilitate achievement of therapeutic ones.
Problem-solving courts focus on solving the underlying problems of offenders, victims or communities. It has interest in individual rehabilitation, and in restoration of the victims of crime, including the community. As one of the model of problem-solving court, drug court seek to address the circumstances that led to drug abuse with individualized assessment and programmes. Mental health courts focus on rehabilitating criminals through a substantial period of court-mandated mental health treatment.Domestic violence court have a particular concerns on victim safety, victim services and offender accountability.
Community courts focus on improving conditions in whole neighborhood. Its objectives are community collaboration and restitution.
The first chapter introduce the goals and objectives of the research. This will be followed by the second chapter which focuses on therapeutic jurisprudence and therapeutic justice model. It reviews the origin, development of the therapeutic jurisprudence and its meaning in criminal justice policies. The third chapter studies the differences between traditional criminal justice and therapeutic justice. In criminal sentencing, therapeutic justice propose reforms in the role of judges in criminal proceedings. Moreover, for the judicial reform, the orientation of therapeutic justice can be considered. Problem-solving courts, such as drug courts, would be in question as a specialized court for realizing the idea of therapeutic jurisprudence in the process of criminal justice. Those programmes of problem-solving court are mainly implemented in the US, and the practice of drug court and civil commitment for sex offenders are worth researching.
To adopt the therapeutic model into Korean criminal justice system, there will be strategy of criminal justice as follows :
Firstly, the case of problem-solving court jurisdiction should be one that needs therapy rather than sanction in nature.
Secondly, the court should have proper sentencing powers of therapeutic orders, tailored to each offenders.
Thirdly, therapeutic orders by the problem solving court should have its own programme and procedure, differing from that of existing probation orders.
Fourthly, therapeutic programmes should be managed under the partnership of court, experts and community. The judicial power to supervise overall process should be guaranteed.