Victims’ Needs through a Therapeutic Jurisprudence Lens: What Can Victim Assistance Units Do?

• In Event: Let's Support Victims

Abstract

Therapeutic jurisprudence (TJ) offers a new perspective on the law and the legal process by focusing on the mental health, emotional and other needs of those involved in the legal system. In particular, TJ seeks to recognize and improve the therapeutic consequences of laws, procedures, and legal agents. Studies in the field, however, have not adequately explored the positive potential of TJ for victims experiencing the criminal justice process. This paper will address this gap by analyzing victims' needs through a TJ perspective. Drawing from my experience as a former criminal justice practitioner, I use examples of case excerpts of victims' encounters with the Victim Assistance Unit in order to explore how the specific needs of victims throughout the criminal justice process are addressed by TJ. I argue that TJ principles, when applied to legal agents’ interactions with victims in the course of legal proceedings, could improve victim wellbeing. Furthermore, such advantages could be achieved independently of the criminal justice outcome. Findings of this study suggest the value of integrating TJ training and practices into the daily work of prosecutors and victim advocates and evaluating their contribution to victims’ needs.

Author

• Nili Gesser, Temple University