Finding Meaning in the Law Through Problem-Solving Justice

This week I opened court with a woman who sat handcuffed to the sleek black chair of the jury box. The prosecutor indicated that she had been arrested for petit theft. I will call her Sharon. She appeared young, perhaps in her late 20’s or early 30’s. Sharon appeared frail and lost.

“I have no one judge”, the young woman cried.

We spoke for a few minutes. I learned Sharon was homeless and had lost contact with her family. She stated that she had been going in and out of psychiatric hospitals and had not followed-up with treatment, largely due to lack of a support.

I explained how I could help her get the services and care she needed, including through a residential treatment center, if she was interested.

Sharon immediately looked to the correctional officer standing next to the jury box.

“Did you hear the judge/” She exclaimed!

“I have never heard a judge with such compassion.”

Then she quietly said, “I am so grateful.”

“No”, I replied, “I am grateful for the opportunity to provide service (to you) through this court.”

The Law as a Helping Profession

The science of therapeutic jurisprudence (TJ) emerged in the early eighties as a new approach to mental health law. through the scholarship of two mental health law professors, Professor Bruce J. Winick and Professor, David Wexler. As noted in the above law review, TJ was not intended to trump the rule of law, but instead consider how to recast court process and the structure of court process in order to produce a therapeutic court experience. Their idea, that if we studied the law through empirical research in terms of what are the psychological and social consequences of court process, then how could process could be experienced as therapeutic? Moreover, how could a change in the role of judges and lawyers, though the expression of compassion, empathy and validation tip the scales of justice towards the elevation of dignity and perception of fairness?

In 1989, the scholarship of TJ was applied as the legal reform philosophy in the first problem-solving drug treatment court established in Miami-Dade — and the rest is history. The application of TJ through problem-solving courts has revolutionized the landscape of American jurisprudence. With more than 3000 problem-solving courts in the United States, where judges and lawyers, together with community stakeholders, work to expand pathways to community-based behavioral health care, housing and economic benefits. In my book, a Court of Refuge, I detail my experience through human stories of how TJ is applied in Broward’s Mental Health Court. Voices of those who appear in the court often generate dialogues and emotions that I also experience, as we tackle the human realities of poverty, shame, trauma and adverse childhood experiences; to build trust and ignite hope and a vision of recovery.

The Power of Gratitude

This Thanksgiving I thought a great deal about the power of gratitude as it relates to the law and the promotion of social justice. The emotional reaction of Sharon in court this week, as she realized that perhaps she was no longer alone and would be helped, moved me, as much as my empathic words of caring and compassion moved her. According to the research, there is evidence that “gratitude is a key to psychological well-being.” The connection of gratitude to one’s mental health and even physical health is discussed in the article, “Is Gratitude Good for Your Health? While the authors note, that “the jury is still out”, preliminary finding suggest that “grateful people may have better sleep, healthier hearts and fewer aches and pain.” This past year, I have had the privilege of learning and exchanging ideas and building new friendships with thought leaders across diverse disciplines in law, behavioral health, medicine, nursing, social work, law enforcement, architecture, the arts and more on social media and various meetings. I have had the privilege of introducing TJ to students of humanities, social work, nursing and across various constructs including this past week the Academy of Architecture for Justice. The lessons of TJ with a focus on dignity and its relationship to wellbeing, social progress and community are extremely profound. For this, I am very grateful.

For more information: International Society for (TJ) Therapeutic Jurisprudence.