Justice outsourced : the therapeutic jurisprudence implications of judicial decision-making by nonjudicial officers

"This book examines what can be lost when nonjudicial officials step into judicial roles and how the rights, dignity, and fairness that judges offer within justice procedures might be safeguarded according to the values of therapeutic jurisprudence"-- Provided by the publisher Contents Introduction: Hiding in Plain View: How the Extensive Use of Nonjudicial Officers Corrupts the Criminal Justice System / Michael L. Perlin and Kelly Frailing Part I. Nonjudicial Officers in Countroom Settings 1. “But I Ain’t a Judge”: The Therapeutic Jurisprudence Implications of the Use of Nonjudicial Officers in Criminal Justice Cases / Michael L. Perlin 2. The Role of Nonjudicial Officers and Their Impact on Therapeutic Jurisprudence in the Context of Alcohol and Substance Abuse and Mental Health / Mehgan Gallagher 3. Therapeutic Jurisprudence in Action: Applying Goffman’s Dramaturgical Theory to Mental Health Courts / Karen A. Snedker 4. Therapeutic Jurisprudence in Swift and Certain Probation / Kelly Frailing, Brandi Alfonso, and Rae Taylor 5. The Value of Remorse as a Therapeutic Tool for Probation Officers in Sentencing / Colleen M. Berryessa and Ashley Balavender 6. It’s Time to Shine: Understanding the Implications of Commitment Decision-Making by Nonjudicial Officers and Embracing Change / Shelley Kolstad 7. The Role of Nonjudicial Officers in the Disparity of Treatment for Persons with Dual Diagnoses and How TJ Can Improve Outcomes / Naomi Weinstein 8. Therapeutic Jurisprudence in the Jefferson Parish, Louisiana, Reentry Court / Victoria Rapp Part II. Nonjudicial Officers in Administrative Settings 9. Doing Time in “the Devil’s Chair”: Evaluating Nonjudicial Administrative Decisions to Isolate and Restrain Prisoners and Detainees with Mental Health Disabilities in Jails and Prisons / Deborah A. Dorfman 10. Correctional Disciplinary Proceedings and Incarcerated People with Mental Disabilities / Henry A. Dlugacz 11. The Complexities of Criminal Responsibility and Persons with Intellectual and Developmental Disabilities: How Can Therapeutic Jurisprudence Help? / Lisa Whittingham and Voula Marinos 12. The Role of Therapeutic Jurisprudence in Nonjudicial Administrative Placement of Migrant Children with Mental Illness / Alison J. Lynch 13. “Give Me My Allowance or I’ll Run!”: Everyday Resistance by Foster Children and Justice Outsourced / Bernard P. Perlmutter 14. A Critique of Texas Lethal Injection Cases: An Examination of Decision-Making and the Risk of Botches in Texas Lethal Injection Protocols Since 1982 / Talia Roitberg Harmon, Michael Cassidy, and Richelle Kloch Part III. Ethical and Practical Considerations in the Use of Nonjudicial Officers 15. Navigating Judicial Hurdles for Effective Legal Solutions: The Agony and the Ecstasy / Valerie R. McClain 16. Reconstructing the Ethics Code to Remedy the Failures of Strickland v. Washington / Heather Ellis Cucolo 17. Nonjudicial Influence on Family Violence Court Cases / Lenore E. A. Walker and Brandi N. Diaz Part IV. A Word from the Bench 18. Procedural Fairness Is the Foundation for Making Nonlawyer Judges Effective / Judge Kevin S. Burke List of Contributors Index Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- "real judges" hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment. The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant's rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.