2. Objectives for the Week
Theoretical concepts of Social Work and the Judicial System
Basic terminology
General information about the legal system
Federal legal system
State legal system
Role of the Social Worker within the legal system
Advocating within the law
3. Theoretical Frameworks
These concepts (theories) help the social worker analyze the judicial
process and provide guidance on how best be involved in the process
Scholars believe that through these frameworks, social workers are
better able to understand where social work and the law meet as well as
their role within the legal system in the future
4. Therapeutic Jurisprudence
Whether the legal procedures, legal actors, non-legal actors, including
social workers, when working within the legal system and the rule of law
can have a therapeutic, anti-therapeutic, harmful, or negative
consequences even though the intent of the law may be positive
Focus is on whether the legal practice contributes to the psychological
and physical well-being of the individual
Wexler, 2000; Slater & Finck, 2012
5. Therapeutic Jurisprudence
An example of Therapeutic Jurisprudence is the study on the military’s
“Don’t Ask, Don’t Tell” policy, which required that LGBTQ members serve
in silence and without disclosing their sexual orientation and not be
asked about it by their peers or superiors
When analyzed through psychological perspective, the policy had the
unintended consequence of causing marginalization and isolation of
queer servicemembers
Slater & Finck, 2012.
6. Therapeutic Jurisprudence
Practitioners from both legal side and social work are able to use these
kind of analysis in order to foresee unintended consequences and find a
way to reduce negative effects on their clients
Therapeutic Jurisprudence shares social work’s interest by placing the
client’s best interest first and as such shares many values of the Social
Work profession
Slater & Finck, 2012
7. Preventive Law
Very similar in concept to preventive medicine, Preventive Law “seeks to
prevent legal problems and court involvement and advocates for the use
of alternative methods to the adversarial process, such a mediation,
conferencing, and alternative dispute resolution” (Slater & Finck, 2012,
p.19)
Like preventive medicine, preventive law seeks to “prevent the illness
before needing to treat the illness”
8. Preventive Law
Preventive law is often seen as a by product of Therapeutic
Jurisprudence. How? By using what is learned through Therapeutic
Jurisprudence (considering pshychological and physical well-being of
the client) to prevent and reduce legal involvement in the future.
9. Preventive Law
Example of the Preventive Law concept are “Problem-Solving Courts”
Problem-solving courts intervene and hold the individual accountable
for their crime, the underlying causes of the legal problem are assessed
and addressed by and an interdisciplinary and community based group
of professional and self-help organizations
10. Preventive Law
Referrals to problem-solving court may come from prosecutors, defense
attorneys, law enforcement, CPS workers, etc.
Problem-solving courts are used in cases such as drug and substance
addiction, juvenile cases, mental health, veterans and domestic violence
Problem-solving courts are an effective way to prevent future legal
system involvement and provide an outcome in the best interest of the
client
11. Preventive Law – Problem-solving Courts
Drug Treatment Courts – nadcp.org Veteran Treatment Courts – texvet.org
Watch
these
videos
12. Procedural Justice
Procedural Justice focuses on understanding the perceptions of clients about:
whether or not service outcomes were perceived as fair,
whether or not client perceived the decision-making processes to be fair regardless
of outcome, and
the role that procedures, processes, and actors play in conveying relational
information to the client about their value and worth as a person
Tyler, 1990; see also Slater & Finck, 2012
13. Procedural Justice
Studies show that even when clients do not win their cases or achieve their
desired outcome, if they feel the decision-making process was fair and they felt
they were treated with respect, they are more willing to accept the decision
(Lens & Vorsanger, 2005).
In young adults and children, their perception of negativity or positivity toward
legal processes and legitimacy of the law fell sorely on their interaction with
legal actors (attorneys, judges, CPS workers, legal social workers, etc.)(Tyler,
2006).
Some researchers refer to these examples as “Interactional Justice”
14. Restorative Justice
The theory emerges from the believe that responding to crime and criminology
with punitive (punishment) measures is basically answering violence with
violence.
It proclaims that a better solution would be to focus on prevention,
reconciliation through mediation and alternative dispute resolution, and
reintegration back into the community (Wheeldon, 2009)
Requires that the perpetrator of the offense take responsibility for the harm
they caused, and with the help of the community (including the victim) address
the consequences of their rule breaking (van Wormer, 2006, 2009).
15. Restorative Justice
The hope is that the perpetrator will develop empathy for the victim and regret
for the act they committed (van Wormer, 2006, 2009).
Restorative Justice seeks to increase feelings of responsibility for the
community and social connection, which in turn will increase law-abiding
behavior
Restorative Justice is seen as a form of Social Justice because it provides
balance of power among people who have a different degrees of it (Slater &
Finck, 2012)
16. Use this link to access the Justice 101 glossary website
https://www.justice.gov/usao/justice-101/glossary
Terms you should know for the course
17. Role of the Social Worker in the Law
As a member of a legal team.
The social worker works with other professionals from different fields
(multi-disciplinary team), which may include interpreters, attorneys,
paralegals, doctors, consultants, etc.
Could be employed by the prosecution or the defense; plaintiff or the
respondent
Duties may include caring for a client and their families; or serve an an
expert or consultant with the legal team
18. Role of the Social Worker in the Law
As an employee of a multiservice agency.
The SW may offer assistance with and referrals to social services separately
from the legal matter.
May be asked to participate, consult or collaborate with the legal matter
19. Role of the Social Worker in the Law
Appointed by the Court to assist.
Social worker works as a consultant to assist the attorney to represent the
client; although appointed by the court, social worker works on behalf of
the client, not the court
Duties may vary between consulting on the case, to social work related
duties as needed and assessed by the social work upon accepting the case
20. Role of the Social Worker in the Law
As an employee of the Court.
Here, the social worker hired as a state (or federal) employee who works
with the court and court personnel for things like the Problem-solving
courts.
They will do assessments, refer to services, and evaluate and monitor
service and treatment plans
21. Role of the Social Worker in the Law
Social Worker as a hired consultant.
In this role, the worker serves as a private practitioner who can be hired by
any party as a consultant, evaluator or testify as an expert in a case
22. Role of the Social Worker in the Law
Social Worker as an advocate to a third party.
In this role, the worker is appointed to represent the best interest of a third party in
the case, for example, as a guardian-ad-litem for a child or an elderly adult who
lacks a sound mind.
The social worker will be required will be required to investigate allegations of
abuse and neglect, and help in facilitating meetings to determine treatment and
service plans for families
23. Role of the Social Worker in the Law
Social Worker in a Social Service or Mental Health Agency.
Great many clients in vulnerable populations will have crossed-path with the legal
system at some point or will while under the care of the social worker
Agencies may include substance abuse treatment providers, mental health clinics,
foster care agency, welfare program benefits, homeless shelters or other health
care agency
24. What is
jurisdiction?
• Legal power or authority
granted to a court or judge
to try a case, pronounce a
conviction and a sentence
under the law; hear an
appeal, and decide the
ultimate disposition on the
case
• Jurisdiction can be over the
place where the event took
place, over the person, over
the act itself
25. Federal Judicial System
Supreme Court of the United States
9 Justices appointed for life long
service
Hear about 1% of the cases
submitted
Normally choose cases of national
importance, those where the lower
court conflicts with federal law or
where egregious error was made
26. Federal Judicial System
Circuit Courts of Appeals
12 regional circuits
TX is in the 5th circuit along with LA
and MS
Determine whether or not the law
was applied correctly in the trial
court
Number of judges varies per circuit
Judges are appointed for lifetime
service
27. Federal Judicial System
District Courts
Lowest level court in federal system
Handle both criminal and civil trials
There are 94 federal judicial districts
Judges are appointed for lifetime service
Magistrate courts serve to assist the
district court with minor matters like
arraignments, decide motion hearings,
sign search and arrest warrants
29. References
Lens, V. & Vorsangers, S.E. (2005). Complaining after claiming: Fair hearings after welfare
reform. Social Service Review, 79, 430-453.
Tyler, T.R. (2006). Why people obey the law: Procedural justice, legitimacy, and
compliance. Princeton: Princeton University Press.
Slater, L.K. & Finck, K. R. (2012). Social Work Practice and the Law. Springer
Publishing Company; New York
30. References
United States Courts Glossary. Retrieved from: https://www.uscourts.gov/glossary
vanWormer, K. (2006). Restorative justice as social justice for victims of gendered
violence: A standpoint feminist perspective. Social Work, 54(2), 107-116
vanWormer, K. (2009). The case for restorative justice. The Journal of Teaching in Social
Work, 26(3), 57-69.
Wheeldon, J. (2009). Finding common ground: Restorative Justice and its theoretical
construction(s). Contemporary Justice Review, 12(1), 91-100
