Legal responses to mental health: Is therapeutic jurisprudence the answer – the experience in New Zealand

Abstract

The orthodox understanding of ‘ethics’ encompasses a system of moral principles that define good and bad behavior. When applied to mental health, various jurisdictions, including New Zealand, have codified these principles together with the obligations on health service providers to meet these codified principles and standards. Underpinning this relationship is one of mutual trust where the physician has a responsibility, for example, to secure informed consent prior to any treatment. The existence of this therapeutic relationship can be applied when an offender who presents with a mental illness is subject to the criminal justice system.