Viewing the Dublin Drug Treatment Court through the Lens of Therapeutic Jurisprudence

Abstract

Over the last 25 years problem solving courts have developed internationally to provide a response to entrenched criminal justice related issues including addiction and mental health problems. These courts operate in adherence with the concept of Therapeutic Jurisprudence, which recognises the court and its officials as therapeutic agents, who work collaboratively to achieve the best possible outcomes for those appearing before the court. In an Irish context, problem solving courts have been in operation since 2001 when the Dublin Drug Treatment Court was established. This, however, remains the only problem solving court in operation within the Irish criminal justice system. This paper considers the wide ranging international literature on drug courts before casting a critical eye over the Dublin Drug Treatment Court, from its inception to the present day. It considers the workings of the court against the theoretical backdrop of Therapeutic Jurisprudence. This paper argues that while there seems to be a lack of overt engagement with Therapeutic Jurisprudence principles on the part of the Irish judiciary involved with the Dublin Drug Treatment Court, many tenets of the Court actually adhere to Therapeutic Jurisprudence principles, and the authors contend that calls for further empirical analysis. The paper builds on the works of Butler and Loughran et al., which has already provided an excellent grounding for any future studies on the Dublin Drug Treatment Court.