Therapeutic Jurisprudence

Courtesy of National Council on Drug Abuse (NCDA) and Courtesy of National Council on Drug Abuse (NCDA) and

Department of Correctional Services (DCS) Jamaica.Department of Correctional Services (DCS) Jamaica.Please do not reproduce without permission.Please do not reproduce without permission.

Therapeutic JurisprudenceTherapeutic Jurisprudence

DR. MYO KYAW OODR. MYO KYAW OOMBBS, DPM, DM Psych.MBBS, DPM, DM Psych.

March 9-10, 2006March 9-10, 2006Terra Nova Hotel, Kingston, Terra Nova Hotel, Kingston,

JAMAICAJAMAICA




The New Model To Treat The New Model To Treat Criminal AddictsCriminal Addicts




An emerging model that describes An emerging model that describes application of new justice application of new justice

practices designed to improve practices designed to improve human behavior holistically by human behavior holistically by

examining, identifying and examining, identifying and addressing the underlying addressing the underlying

pathologies that drive criminality.pathologies that drive criminality.



For Criminal Addicts with For Criminal Addicts with underlying pathologies that underlying pathologies that

drive criminalitydrive criminality



Criminal Addicts committed Criminal Addicts committed crimes in order to maintain their crimes in order to maintain their

drug abuse habitdrug abuse habit



IncarcerationIncarceration

Arrest themArrest them

Charge themCharge them

Sentence themSentence them

WHAT NEXT ? ?WHAT NEXT ? ?



IncarcerationIncarceration

By itself, does little to break the cycle of By itself, does little to break the cycle of illegal drug use, abuse and crime;illegal drug use, abuse and crime;

Offenders sentenced to incarceration for Offenders sentenced to incarceration for substance-related offences exhibit high substance-related offences exhibit high rates of Recidivism once they are rates of Recidivism once they are released;released;

Drug Addicts commit more crime when Drug Addicts commit more crime when they are addicted.they are addicted.



What to expect by IncarcerationWhat to expect by Incarceration

We want them drug freeWe want them drug freeWe want them to be non-violentWe want them to be non-violentWe want them to be kind and lovingWe want them to be kind and lovingWe want them to quit being the bad guyWe want them to quit being the bad guyWe want them to quit exploiting usWe want them to quit exploiting usWe want them to have self-worthWe want them to have self-worthWe want them to be positive & We want them to be positive & constructiveconstructive



What we’ve done hasn’t What we’ve done hasn’t worked….worked….



The answer :The answer :

Application of the Principles of Application of the Principles of Therapeutic Jurisprudence inTherapeutic Jurisprudence in

Justice System Justice System in specialty courts like drug in specialty courts like drug

courtcourt



Drug Court ( Treatment & Drug Court ( Treatment & Rehabilitation of Offenders) Act Rehabilitation of Offenders) Act

19991999

Proclamations, Rules & Proclamations, Rules & RegualtionsRegualtions

20012001



To prevent criminal addicts To prevent criminal addicts entering prisons by offering entering prisons by offering

alternative choicealternative choice



Drug CourtDrug Court

First in CaribbeanFirst in Caribbean

Established in May & July 2001Established in May & July 2001

Ministries of Justice & HealthMinistries of Justice & Health

Kingston & Montego BayKingston & Montego Bay

Judicial & Treatment teamsJudicial & Treatment teams

Judicial – RM, Defense Counsel, clerk, Judicial – RM, Defense Counsel, clerk, probation officer, policeprobation officer, police




Treatment – Psychiatrist, Counselor, clerkTreatment – Psychiatrist, Counselor, clerk

HWT Court & Maxfield Park Health CentreHWT Court & Maxfield Park Health Centre

Pre-court meetings, Court sessionsPre-court meetings, Court sessions

Screening for eligibilityScreening for eligibility

Admission to the programAdmission to the program

3 phases for 6 months3 phases for 6 months

Urine testing for COC, THC & MORUrine testing for COC, THC & MOR




Individual, Group & Family TherapyIndividual, Group & Family Therapy

Graduation Graduation

Monitoring & Relapse PreventionMonitoring & Relapse Prevention



Drug Court is OUT-PATIENT Drug Court is OUT-PATIENT MODELMODEL



PROBATION(OR)

DRUG COURT OUTPATIENT

COMMUNITY MONITORINGRELAPSE PREVENTION

DRUG COURTOUT PATIENT TREATMENT

(OR)PRISON DRUG ABUSE PROGRAM

ARREST



Parallel ModelParallel ModelBridging the GAPBridging the GAP

Arrest & eligibleArrest & eligible

Drug Court outpatient Drug Court outpatient programprogram

GraduationGraduation

ProbationProbation

Relapse preventionRelapse prevention

Arrest & ineligibleArrest & ineligible

Prison Drug Abuse Prison Drug Abuse ProgramProgram

Graduation/ReleaseGraduation/Release

Relapse prevention in Relapse prevention in community settingcommunity setting




By recognizing the underlying pathology, By recognizing the underlying pathology, Judicial system offers therapeutic justice Judicial system offers therapeutic justice to reduce recidivismto reduce recidivism

It provides the most effective control of It provides the most effective control of Drug Addicts Offenders’ criminalityDrug Addicts Offenders’ criminality

It changes an individual to a positive, It changes an individual to a positive, constructive and responsible.constructive and responsible.




Understanding the principles is Understanding the principles is very important to offer very important to offer alternative to break the cycle alternative to break the cycle of drug abuse and re-offendingof drug abuse and re-offending



Insanity is…..Insanity is…..

Doing the same thing over and Doing the same thing over and over and expecting different over and expecting different

results.results.



THANK YOUTHANK YOU

MYO KYAW OOMYO KYAW OOConsultant Psychiatrist/Program ManagerConsultant Psychiatrist/Program Manager

Drug Court Treatment & Rehabilitation Drug Court Treatment & Rehabilitation ProgramProgram

Maxfield Park Health CentreMaxfield Park Health CentreMINISTRIES OF HEALTH & JUSTICEMINISTRIES OF HEALTH & JUSTICE

Therapeutic Jurisprudence

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