000			01782nam a22001577a 4500
999			_c523343 _d523343
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100			_aCohen, I., Gal, T. and Enosh, G. _942752
245			_aTwo roads converge: The interchange between the mental health and legal discourses in sexual assault trials
260			_aSocial and Legal Studies
300			_a32(3), Jun, 2023: p.441-463
520			_aDisciplinary differences between mental health and legal discourses limit the implementation of mental health knowledge (MHK) in legal proceedings. This study examined the interchange between these discourses, focusing on sexual assault cases that required testimonies of mental health expert witnesses (MHEWs) in Israel. 42 multi-perspective interviews including 16 MHEWs and 26 legal practitioners were analyzed using critical discourse analysis. Participants’ statements relayed three depictions of the interchange between mental health and legal discourses: a dichotomized one, which regards both discourses as incompatible; a tactical one, which regards MHK as beneficial when serving legal interests; and a radical one, which regards MHK as imperative to legal discretion, placing therapeutic considerations ahead of legal ones. The study provides a first empirical analysis of the law-mental-health interchange. In particular, it identifies an emerging practice of therapeutic-legal ("theralegal") discretion, which reflects an understanding that legal considerations alone cannot address complex criminal legal issues. – Reproduced
650			_aCritical discourse, Theralegal discretion, Mental health expert, Witnesses, Sexual assault, Trials, Therapeutic jurisprudence. _939756
773			_aSocial and Legal Studies
906			_aMENTAL HEALTH
942			_cAR