'In the Wasteland of Your Mind': Criminology, Scientific Discoveries and the Criminal Process

“But I Ain’t a Judge:” The Therapeutic Jurisprudence Implications of the Use of Nonjudicial Officers in Criminal Justice Cases

“…One of the sine qua nons of therapeutic jurisprudence is its refusal to subordinate due process principles (Perlin & Lynch, 2016, p. 348). When nonjudges make what should be judicial decisions—with perilously little oversight—that may be life-and-death, it is fatuous to even assess whether therapeutic jurisprudence principles are honored.…”

“…As New York Court of Appeals Judge Titone pointed out, dissenting in People v. Scalza (1990, p. 18), a case unsuccessfully challenging the New York law in the context of a suppression-of-evidence hearing, “The impairment can hardly be characterized as de minimis , since the vast majority of suppression determinations involve, as the primary fact-finding task, an assessment of the conflicting witnesses’ truthfulness.” 2 Second, with specific reference to pretrial suppression of evidence hearings, the task of weighing and appraisal of testimony—an especially significant aspect of such hearings—is transferred to those who were never selected to be judges (in New York’s case, by the voters, a format followed in about three quarters of all states, see Deja, 1996). 3 Third, they violate the basic tenets of therapeutic jurisprudence, that teaches us that “legal rules, procedures, and lawyer roles can or should be reshaped to enhance their therapeutic potential while not subordinating due process principles” (Perlin & Lynch, 2016, p. 348).…”

'I've Got My Mind Made Up': How Judicial Teleology in Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence

“…In this way, the legal profession can also ensure that individuals who already face extreme bias-those with mental illness-have the chance to present valid and reliable scientific evidence that may help to mitigate harsh criminal sentences. 65 It is essential that lawyers and judges think more seriously about these issues in the context of the decision-making outlined in this paper.…”