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Assignment : Engaging With The Legal System

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LAW 1111 Assignment: Engaging with the Legal System
PART B: Criminal Matters

Introduction
Therapeutic jurisprudence is the study of the law in conjunction with the emotional and psychological welfare of those who come in contact with the legal and justice system. This report, in conjunction with the cases below, intends to show that therapeutic jurisprudence has a focus on the law as a social force that has the potential to enhance or inhibit therapeutic outcomes. In V’s case, therapeutic jurisprudence aided the defendant by giving him an option to rehabilitate instead of further compounding his financial circumstances if the magistrate were to fine him multiple times for future offences. Furthermore, in H’s case, the defendant was given a more lenient sentence, educating him about the consequences of his actions.
Therapeutic jurisprudence allows the participants to undergo active problem, solving rather than resolve disputes based on the principles of law, however both law, therapeutic and non-therapeutic methods of punishments must be moderated when deciding the sentence. Active problem solving requires judges or magistrate to use empathy to take personal circumstances of the defendant into consideration when adjudicating. Conversely, emotional contagion will influence the judge 's or magistrate 's decision to an extent where it may be deemed inconsistent with previous judgments.

Overview of the cases
Both cases considered for analysis were heard at the Dandenong
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