Question: The article published by Shaffer (2011) states that the main theoretical perspective that is applied to drug courts is the use of Therapeutic Jurisprudence (TJ),
The article published by Shaffer (2011) states that the main theoretical perspective that is applied to drug courts is the use of Therapeutic Jurisprudence (TJ), which is used to focus on the therapeutic and anti-therapeutic outcomes of the law. TJ concludes that the law should be applied and ensured maximum therapeutic benefits and legal safeguards (Wexler 2000, as cited in Shaffer, 2011), as it offers conceptual principles with the development of First nations courts, tribunals, dispute programs which remove monocultural bias in the criminal justice system that leads to prison overrepresentation (Stobbs, 2020). Considering Therapeutic Jurisprudence has sparked resistance and criticism due to changes in mindsets, reforms and innovations (Stobbs, 2020), this stems from concerns and assumptions about how TJ allegedly advocates for abandonment with the adversarial system and threatens defendants to surrender any constitutional and human rights processes (Stobbs, 2020)
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