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ADELAIDE THINKER IN RESIDENCE – JUDGE PEGGY FULTON HORA (RET)

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ADELAIDE THINKER IN RESIDENCE – JUDGE PEGGY FULTON HORA (RET) Powered By Docstoc
					                                                                     JULY/AUGUST 2009




Background
After 21 years on the California Superior Court, Judge Peggy Fulton Hora has been
appointed an Adelaide Thinker in Residence, 2009/2010.

Judge Hora is a former dean of the B.E. Witkin Judicial College of California, and has
been on the faculty of the National Judicial College since 1992. She is the recipient of
the Bernard S. Jefferson Judicial Education Award from the California Judges’
Association and a Senior Judicial Fellow for the National Drug Court Institute.

Judge Peggy Fulton Hora (Ret.) has been instrumental in building the problem-solving
courts movement and presided over the Drug Treatment Court within her criminal
assignment in California. Her work in this area has contributed to the creation of a new
genre of justice—therapeutic jurisprudence— opportunities for real help and healing for
alcoholics/addicts all over the world.

Her recent projects include drug treatment court seminars and technical assistance in
Santiago, Valparaiso and Iquique, Chile. Judge Hora has lectured nationally and
internationally and has written extensively on issues surrounding substance abuse,
domestic violence, drug treatment courts, cultural competence and therapeutic
jurisprudence. The appellate court and over 100 journals and law reviews have cited her
work.

Objectives of the Residency

During her residency Judge Hora will work with partners and stakeholders on
therapeutic jurisprudence and restorative justice issues. The aim of this residency is to
improve the safety and wellbeing of South Australians by exploring innovative and
alternative options to the traditional courtroom. It seeks to improve access to justice and
outcomes in civil disputes, and to reduce crime.

Justice

Identify current strengths within the justice system and provide guidance on the further
development of therapeutic and restorative justice approaches that address the causes


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of crime, in order to reduce crime, improve the safety and wellbeing of South
Australians, and better manage the transition of offenders back into the community.

Identify and promote ways to increase the community’s ability to resolve disputes.

Explore the potential of alternative/appropriate dispute resolution procedures to provide
quicker and less costly access to justice and contribute to a more cohesive society.

Assist further development of a culturally appropriate and responsive justice system.

Education
Develop recommendations for continuing education on these objectives so they
engender public and justice system support.

Increase awareness and understanding of these options and promote responsible
practices in the community.

Provide guidance on appropriate education curricula meeting the needs of the Judiciary,
legal practitioners, law enforcement and community corrections, service providers, court
staff and community groups.

Research and Innovation
Provide guidance or models for:
•    fostering innovation in the justice system
•    ongoing rigorous independent research on the cost and effectiveness of programs
•    research, standards and evaluation tools for these programs
•    encouraging scholarship on these issues

Promotion
Promote South Australia and the Adelaide Thinkers in Residence program locally,
nationally and internationally.


Partners in the Residence

      Courts Administration Authority
      Attorney General’s Department
      SAPOL
      Department for Correctional Services
      Dept of Education & Children’s Services
      Social Inclusion Unit
      University of Adelaide
      Flinders University
      Commissioner for Victims’ Rights
      Legal Services Commission




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Sponsors
     Law Foundation of SA

Judge Hora will undertake a 3 month residency, divided into two visits. The first visit will
be from 17 August to 25 September in 2009. The second visit will be from 22 March to
30 April 2010.

Judge Hora’s website: http://www.judgehora.com/




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 The Concept of Therapeutic Jurisprudence and Restorative Justice
Until recently there has been no general theory concerning the impact of legal
processes upon participant wellbeing and its implications for attaining justice. This gap
has been filled by Therapeutic Jurisprudence (TJ).

Therapeutic jurisprudence says that the processes used by courts, lawyers and other
justice system personnel can impede, promote or be neutral in relation to outcomes
connected with participant wellbeing. Developed by Professors David Wexler and Bruce
Winick in the United States in the 1980s in the context of mental health law, it is now
seen to apply to all areas of the law and across cultures and is the subject of
international study and development.

Therapeutic jurisprudence is practical, using findings from the behavioural sciences to
suggest techniques that legal professionals can use to do their job better. It
acknowledges that when considering a therapeutic approach, legal actors must
consider other justice system values, for example, in determining whether to imprison
an offender who receives no services in prison or to place the person in community
supervision and approach the root causes of offending in a holistic manner.
Restorative justice places the victim with the offender at the centre of the criminal
justice process. In a typical "restorative justice" process the parties affected by harmful
behaviour meet in order to seek a common understanding of what has happened and to
determine collectively how best to deal with the aftermath.

Restorative justice has developed in contrast to "retributive justice", whereby authorities
respond to social problems by imposing punishment on individuals who breach social
rules. It is a “bottom up” system rather than an imposition of consequences from on
high.

Instead of defining crime in terms of a violation against the state, it defines crime in
terms of the violation of one person by another within the community. The focus is upon
providing a forum for the offender to take responsibility and to make amends rather than
to establish guilt and exact punishment. Principles of restorative justice may also be
applied to civil disputes.

For more information check out the:
Australasian Institute of Judicial Administration website at:
http://www.aija.org.au/index.php?option=com_content&task=view&id=206&Itemid=103

Victorian Association for Restorative Justice website http://www.varj.asn.au/




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