Therapeutic jurisprudence in the coronial jurisdiction

Abstract

This article explores the extent to which Australian coroners view therapeutic jurisprudence as relevant to their judicial role. Interviews with nine coroners across four jurisdictions reveal considerable discrepancies in the ways coroners view therapeutic jurisprudence and enact it through specific practices, such as meeting families or allowing photos of the deceased in court. The authors discuss the intersection of judging and emotion and make recommendations to improve the therapeutic aspect of Coroner's Courts, including ongoing professional training and the strengthening of powers in coronial statutes. This article takes a qualitative approach to an issue of increasing importance and interest to both Australian coronial and judicial bodies.