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Therapeutic Jurisprudence — MRCPsych Paper B MCQ

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HardForensic PsychiatryTherapeutic JurisprudenceMRCPsych Paper B

In a seminar on problem-solving courts, a trainee states that therapeutic jurisprudence means judges should select whichever outcome clinicians consider most therapeutic. Which statement most accurately corrects this?

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Reveal the answer and explanation

Correct answer: C — It is an interdisciplinary lens examining therapeutic and antitherapeutic effects of legal rules, procedures and actors while recognising competing legal values.

Explanation lettering: C = shown as A · D = shown as B · B = shown as C · A = shown as D

B is correct. Therapeutic jurisprudence is an interdisciplinary framework for examining the therapeutic and antitherapeutic consequences of substantive law, legal procedures and the conduct of legal actors. It can inform reforms intended to reduce psychological harm or promote beneficial outcomes, but it does not automatically override autonomy, rights, due process or other justice values. A describes assessment of legal capacity rather than therapeutic jurisprudence. C incorrectly treats it as psychotherapy; it is a way of analysing and designing law and legal practice. D represents therapeutic paternalism and ignores competing jurisprudential values. E is also incorrect: mental health and problem-solving courts are prominent applications, but therapeutic-jurisprudence analysis can be applied across mainstream courts and wider legal processes.

Reference: Kawalek A. A tool for measuring therapeutic jurisprudence values during empirical research. International Journal of Law and Psychiatry. 2020. https://pubmed.ncbi.nlm.nih.gov/11018778/