Preventive Law
Blogging the Non-Adversarial Justice Conference Day 3
I decided to focus mainly on judging panels today – except for a session on legal practice where I am a co-presenter. Our first speaker in the first judging session I attended today was Judge Ian Dearden from the District Court of Queensland. He outlined his extensive workload and his circuit work. Much of his work is criminal. He described some of the therapeutic jurisprudence techniques he applies in judging. He noted that he had only heard of TJ comparatively recently but then appreciated that some of the judging techniques he was already using were applied therapeutic jurisprudence.
He shared with us a number of his therapeutic judging techniques in csentencing. Here are some of the tips that Judge Dearden kindly shared with us. He aims to give comprehensive sentencing remarks to inform defendants (and others) of the reasons for the sentence.
Blogging the Non-Adversarial Justice Conference
It is finally here – the first day of the sessions of the Non-Adversarial Justice: Implications for the Legal System and Society conference in Melbourne, Australia. After well over a year of work and planning for the conference we will see how it all turns out. It is exciting – seeing old friends from around the world, meeting new ones. Last night the Chief Magistrate of Victoria hosted a welcome reception, which was a wonderful event. It was good to be in the same room as so many people committed to more humane, psychologically optimal, comprehensive and inclusive approaches to resolving conflict. Leading lights in therapeutic jurisprudence, restorative justice, problem-solving courts, preventive law, ADR and holistic law are present. The possibility for cross-fertilisation is a wonderful opportunity in such a conference.
A Moment's Hesitation- the source of preventive law (India) *
An established senior counsel told me the other evening that when clients go to a lawyer in India, most are encouraged to litigate. Advice which is commonly followed by the lawyers’ claim of 70% success just in case his/her client has a moment’s hesitation. But to what end?