Justice Outsourced: The Therapeutic Jurisprudence Implications of Judicial Decision-Making by Nonjudicial Officers - Paperback

by Michael L. Perlin (Editor)

Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- "real judges" hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment.

The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant's rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.

Author Biography

Michael L. Perlin is Professor Emeritus of Law at New York Law School, where he was Founding Director of the International Mental Disability Law Reform Project, and is Co-founder of Mental Disability Law and Policy Associates. He is the coauthor of Shaming the Constitution: The Detrimental Results of Sexual Violent Predator Legislation (Temple) among other books.
Kelly Frailing is Associate Professor of Criminology and Justice and the Graduate Program Coordinator at Loyola University New Orleans. She is the coauthor of The Criminalization of Mental Illness: Crisis and Opportunity for the Justice System, Third Edition, among other books.