Therapeutic jurisprudence and “good lives”: a rehabilitation framework for corrections

Abstract

Correctional systems worldwide are currently undergoing a shift towards rehabilitation. In the Victorian correctional system, substantial funding has been provided to develop a best practice strategy to reduce re-offending. In addition to risk management to address community protection and justice principles, enhanced wellbeing to address autonomy and therapeutic principles is required. The psychological theory of good lives proposes an enhancement model of rehabilitation. The legal theory of therapeutic jurisprudence proposes how the roles of legal actors may be therapeutic. Both theories are concerned with the enhancement of psychological wellbeing. The following article combines the two approaches and then proposes principles that should underpin rehabilitation to create a correctional system that is responsive to offenders. A culture shift to reaffirm rehabilitative as well as punitive goals of sentencing necessitates the involvement of correctional staff to ensure that offenders are making informed decisions about participation in programs. Application of the rehabilitation framework to the Victorian correctional system is provided as an example. The article aims to determine how the criminal law can be harnessed to maximise psychological wellbeing in offenders.