Monday, March 5, 2018
Lorana Bartels (University of Canberra - School of Law and Justice) has posted Looking at Hawaii's Opportunity Probation with Enforcement (Hope) Program Through a Therapeutic Jurisprudence Lens (Queensland University of Technology Law Review, 16: 30-49, 2016) on SSRN. Here is the abstract:
This article examines Hawaii’s Opportunity Probation with Enforcement (HOPE) program through the lens of therapeutic jurisprudence (TJ). The article presents an overview of TJ and solution-focused courts, followed by an overview of HOPE, including findings from four evaluations. It then provides a detailed description of recent observations of HOPE in practice, with particular focus on the warning hearing, sanctions for non-compliance, early termination for good behaviour, and the intersections between TJ, HOPE and procedural justice. The article concludes by arguing that there are a number of misunderstandings about HOPE and that it is best understood when viewed through a TJ lens.