Book Review on Therapeutic Jurisprudence: Victim Participation

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International Criminal Justice Review
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The online version of this article can be found at:
DOI: 10.1177/1057567711411142
2011 21: 318International Criminal Justice Review
Paul-Jesus Fericelli
International Perspectives
Book Review: Therapeutic Jurisprudence and Victim Participation in Justice:
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What is This?
- Oct 13, 2011Version of Record>>
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Cited: Fericelli, P. J. (2011). Victim Participation [Review of the book
Therapeutic Jurisprudence and Victim Participation in Justice: International
Perspectives]. International Criminal Justice Review, 21(3), 318-319. doi:
10.1177/1057567711411142

2. between informer and police officer are entirely unique or possibly shared in other fields. In my
own research as an ethnographer, the information obtained by individuals with ‘‘one or both feet in
the underworld’’ is essential. Sometimes these interviews have been law enforcement and other
times those involved in gangs, but the overall theme with both is that without such information
my research lacks insight. Negotiated relationships offer something to the person desiring infor-
mation and the person supplying. Anticolonial and feminist studies question whether the power
differential can ever be altered, especially with law enforcement where the consequences include
possible limits to freedom and liberty.
Linking CHISs to broader forms of intelligence gathering and perspectives other than practi-
tioners could make this book more useful to a broader audience. For now, the book is primarily
designed for practitioners in the United Kingdom in roles such as law enforcement, law, and courts.
E. Erez, M., Kilchling, & J. Wemmers (Eds.)
Therapeutic Jurisprudence and Victim Participation in Justice: International Perspectives Durham, NC: Carolina
Academic Press, 2011. ISBN 978-1-59460-946-6
Reviewed by: Paul-Jesus Fericelli, University of Texas, Arlington, TX
DOI: 10.1177/1057567711411142
In their new book, Edna Erez, Michael Kilchling, and Jo-Anne Wemmers provide their perspectives
about therapeutic jurisprudence (TJ). The TJ studies the effects of law and the legal system on the
behavior, emotions, and mental health of people. The TJ examines how legal procedures and mental
health interact. The book discusses TJ as a framework to analyze victim participation in legal
procedures. The authors want to strengthen the relevance of victims in the TJ research agenda. The
majorities of the chapters are the results of professional presentations and informative workshops
previously made by the contributors at Onati, Spain.
The introduction gives a brief review of all 12 chapters, which are divided into the following
sections: (a) victim participation, (b) victims and the law, (c) restorative and transitional justice, and
(d) controversies and limits. It identifies the concerns and the questions that are addressed through-
out the book. A total of 18 contributors provide the reader an international perspective of ways in
which victims are incorporated into TJ. Contributors belong to the following academic disciplines:
sociology, criminology, law, psychology, victimology, and social sciences (12 have PhDs, 4 have
JDs, and 2 are PhD students). Presenters use paradigms from the United States, Germany, Austria,
Canada, and South Africa to develop their arguments about TJ.
In Section 1, the contributors address the topic of victim participation. They begin by discussing and
suggesting how TJ promotes healing and human potential in victims of crime. This section gives the
reader a perspective of victim participation in reforms and welfare in the United States. Contributors
apply phenomenological techniques with criminal justice professionals such as judges, public prosecu-
tors, accessory prosecutors, victim support workers, and victims to develop their discussion. This chap-
ter discusses the legislation concerning prosecution of accessories in Germany. Next, the perceptions of
Canadian judges, publicprosecutors,and victim support workers provide answers tothe followingques-
tions: when is victim participation helpful or therapeutic for victims, and when is it harmful or antither-
apeutic? Finally, themes from the answers of the participants are identified.
In Section 2, contributors discuss the role that criminal justice professionals could have with
victims of crime. This section proposes a new way that law school clinics can promote counseling
experiences to their law practitioners, resulting in legal advice to victims through the judicial
318 International Criminal Justice Review 21(3)
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3. process. Particularly, the reader discovers that in Germany no doctrinal constitutional framework of
victims’ rights exists. Next, the authors promote the creation of new applications within the TJ
framework to provide rights to victims of crime in Germany. Ultimately, a survey reports the role
of victims in criminal procedures in Austria. The findings suggest changes in the role of victims
in Austrian judicial procedures.
In Section 3, the book shifts its discussion toward the jurisprudence framework as an agent that
could be either therapeutic or antitherapeutic for victims. Interestingly, the section suggests the
importance of participation by children in legal procedures as a way to obtain therapeutic outcomes.
This chapter addresses whether or not the Truth and Reconciliation Commission, created by the
government of South Africa, have accomplished its goal of healing victims under racial segregation
or apartheid. Finally, the discussion is extended by examining the following assumptions of
reconciliation within South Africa: pragmatism, Christian notions of grace and forgiveness, African
communalism, positivism, and law.
Section 4 presents limitations and controversies within the TJ framework. First, the contributors
make an argument about whether or not revenge is therapeutic. Second, the authors discuss the
benefits or drawbacks regarding victim impact statements within the therapeutic framework. This
section culminates by analyzing the dangers of placing emotions of victims ahead of the defendant’s
rights. The chapter shares with the reader concerns about practice using the TJ framework.
The style of writing in each section varies. This may be of concern to the scientific community.
The editors compensate by doing an excellent job of linking the chapters together throughout the
book. There is an abstract of each chapter in the table of contents. The authors present the relevance
of their arguments in the introduction. This may help the reader to start by connecting ideas and
details of how each argument was developed by contributors. Legal professionals lobbying for
victim participation would like this book. Overall, contributors do archive the goal of presenting
victims of crime as a topic for further research. Each contributor acknowledges the lack of scientific
research regarding the role of victims in legal procedures. They propose to researchers interested in
the judicial system to start doing research on the TJ framework, as it is in need of further
development.
B. Gibson
The Magistrates’ Court: An Introduction (5th ed.) Portland, OR: Waterside Press, 2009. xiv, 191 pp. $39.95.
ISBN 978-1904380528
Reviewed by: Weston J. Morrow, Arizona State University, Phoenix, AZ
DOI: 10.1177/1057567711415264
Magistrates around the world participate in one of the most complex functions of justice: adjudication.
Generally, they ensure protocol is followed, the defendant’s rights are protected, and an appropriate
sentence is determined, along with a host of other duties that depend on the court type (e.g., juvenile vs.
adult). While understanding the process and functions of magistrates is critical in every justice system,
many individuals have neither the time nor the dedications to read lengthy textbooks devoted to such a
topic. If readers want a brief overview of the U.K.’s court system without the headache of legal jargon,
Byran Gibson’s book entitled The Magistrates’ Court: An Introduction serves such a purpose.
With 25 years as a justice clerk and numerous publications, Bryan Gibson’s book covers a wide
array of magistrate-related topics. Beginning with a summary of the U.K.’s justice system, Gibson
(2009) addresses the three main subsystems of justice: the Criminal Justice System (i.e., CJS), the
Book Reviews 319
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