Abstract: The U.S. Supreme Court’s recent death penalty jurisprudence displays the Court’s willingness to invalidate the death penalty for certain offenses or classes of offenders, including those with mental retardation and those who were under eighteen at the time of the offense. The Court has noted that the death penalty in these cases constitutes...
Prof. Winick published A Legal Autopsy of the Lawyering in Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise 61 U. MIAMI L. REV. 595 -664 (2007) Abstract:This article paper examines the lawyering in the Schiavo case. It examines not the quality of the arguments made or the procedures used, but the extent to which the...
Reviewed by Dan A. Lewis, Department of Human Development and Social Policy, Northwestern University. Mental health law has had an interesting last 40 years. Born of the reform movements of the 1960s and fueled by a civil rights and critical spirit, it has moved through the policy cycle that begins with great vigor and youthful...
In November, 2006, Professor Winick published The Use of Therapeutic Jurisprudence in Law School Clinical Education: Transforming the Clinical Law Clinic, ” 13 Clinical Law Review 605-32 (2006) (with David B. Wexler).
Recently released around October was Professor Winick’s article titled, A Therapeutic Jurisprudence Perspective on Participation in Research by Subjects with Reduced Capacity to Consent: A Comment on Drs. Kim and Appelbaum, 24 Behavioral Sci. & L. 486-94 (2006) (with Kenneth W. Goodman).
Psychiatric Services Online Journal Few topics are in mental health are more controversial than involuntary civil commitment. Forty years ago, most state commitment laws relied on a medical model. However, litigation arguing that such statutes were too sweeping in their reach resulted in the eventual adoption of more legalistic commitment laws across the United...
Chapter 1: Toward A Therapeutic Jurisprudence Model for Civil Commitment The Consequences of Civil Commitment The Medical Model and the Legal Model of Civil Commitment A Therapeutic Jurisprudence Model of Civil Commitment Organization of the Book Conclusion Chapter 2: Striking the Balance between Coercion and Autonomy: Therapeutic Jurisprudence Insights on Coercion and its Consequences...
(Carolina Academic Press, 2005) Bruce Winick kicks Therapeutuc Jurisprudence up several notches in this remarkable new book. With uncommon erudition and in precise, elegant prose, he demonstrates how coercion to mental health treatment — in both its institutional and community forms — can be seen more clearly through the lens of a theory that...
Edited by Bruce J. Winick & John Q. La Fond Table of Contents Part I. Sexually Violent Predator Laws: Problems and Solutions Chapter 1. The New Generation of Sex Offender Committment Laws: Which States Have Them and How Do They Work? W. Lawrence Fitch & Debra A. Hammen Chapter 2. State Policy Perspectives on...
Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts 48 Criminal Law Quarterly 267 (2003). There is growing worldwide interest in the twin concepts of problem-solving courts and therapeutic jurisprudence. Over the last fifteen years, courts in the United States have been experimenting with new ways to deliver justice. Drug treatment, domestic violence...
