בין משפט לטיפול - יישום עקרונות המשפט הטיפולי בדיונים פליליים בבית המשפט לנוער

Background: Recent decades have seen the development of therapeutic jurisprudence (TJ), which examines the law’s impact on the personal well-being of individuals and seeks to develop knowledge about practices that promote personal well-being within the legal world. Despite the similarity of TJ to the rehabilitative approach, academic research has not yet conceptualized the application of the distinctive TJ principles in juvenile courts.Aim: To examine how TJ principles are applied in juvenile court hearings in Israel, and how they are reflected in the perceptions and practices of "court players" (juvenile probation officers, attorneys,police prosecutors, and defense attorneys).Method: Qualitative research based on observations of 204 hearings held in five juvenile courts in Israel, and on 36 semi-structured in-depth interviews with court players.Findings: Three central themes were identified: (1) interpersonal relationships and ethics of care for others; (2) coordination and collaboration between court players; (3) involvement of external players(minors, their family members, representatives of residential facilities, and victims of crime) in the juvenile court process.Conclusions: Alongside the various expressions of TJ principles, a uniform and systemic framework for the application of these principles in juvenile courts in Israel is lacking.Implications for practice/policy: It is recommended that a policy be designed for implementing TJ principles in juvenile court hearings and to expose the players to the potential beneficial contribution of TJ to minors adjudicated in juvenile courts.