You are not logged in.

Tolling for the luckless, the abandoned and forsaked : therapeutic jurisprudence and international human rights law as applied to prisoners and detainees by forensic psychologists

Birgden, Astrid and Perlin, Michael L. 2008, Tolling for the luckless, the abandoned and forsaked : therapeutic jurisprudence and international human rights law as applied to prisoners and detainees by forensic psychologists, Legal and criminological psychology, vol. 13, no. 2, pp. 231-243, doi: 10.1348/135532508X281511.

Attached Files
Name Description MIMEType Size Downloads

Title Tolling for the luckless, the abandoned and forsaked : therapeutic jurisprudence and international human rights law as applied to prisoners and detainees by forensic psychologists
Author(s) Birgden, Astrid
Perlin, Michael L.
Journal name Legal and criminological psychology
Volume number 13
Issue number 2
Start page 231
End page 243
Publisher British Psychological Society
Place of publication Leicester, England
Publication date 2008-09
ISSN 1355-3259
2044-8333
Keyword(s) therapeutic jurisprudence
human rights
jurisprudence
psychology -- forensic
forensic sciences
prisoners
Summary Objectives. There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing the extent to which the legal system serves therapeutic or anti-therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. The paper aims to provide an intersection between human rights, therapeutic jurisprudence, and forensic psychology.

Method. Human rights are based on legal, social, and moral rules. Human rights literature generally considers legal rights but such policy statements do not provide principles to guide forensic psychologists in addressing moral or social rights. Therefore, a framework to guide forensic psychologists is required.

Conclusion. As duty-bearers, forensic psychologists need to address the core values of freedom and well-being in rights holders (in this instance, prisoners and detainees with a mental illness). The paper proposes that human rights principles can add to the normative base of a therapeutic jurisprudence framework, and in-turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights.
Language eng
DOI 10.1348/135532508X281511
Field of Research 170199 Psychology not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2008, The British Psychological Society
Persistent URL http://hdl.handle.net/10536/DRO/DU:30017165

Document type: Journal Article
Collection: School of Psychology
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 11 times in TR Web of Science
Scopus Citation Count Cited 14 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 479 Abstract Views, 0 File Downloads  -  Detailed Statistics
Created: Fri, 14 Aug 2009, 13:50:24 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.