The Role of the Defense Attorney in Relation to Biological Interventions As Rehabilitative Strategies

Colleen M. Berryessa & Jennifer A. Chandler (2020) The role of the defense attorney in relation to biological interventions as rehabilitative strategies, Journal of Offender Rehabilitation, DOI: 10.1080/10509674.2020.1784350

Ottawa Faculty of Law Working Paper No. 2020-22

29 Pages Posted: 4 Aug 2020 Last revised: 19 Mar 2021

See all articles by Colleen M. Berryessa

Colleen M. Berryessa

Rutgers, The State University of New Jersey - School of Criminal Justice

Jennifer Chandler

University of Ottawa - Faculty of Law

Date Written: 2020

Abstract

We present a qualitative analysis, employing semi-structured interviews and grounded theory, on the perceptions of defense attorneys regarding their roles and duties in contexts involving quasi-coercive offers of biological interventions, such as medication-assisted treatment therapies for opiate dependence or chemical castration, as rehabilitative strategies in sentencing. Data are from interviews with a sample of Canadian defense attorneys. We focus our analysis on defense attorneys’ views of their roles and duties as an attorney in contexts involving the decision to consent to biological interventions in the hope of securing favorable sentences, as well as their perceptions and concerns regarding their clients’ interests in these contexts. Our analysis appears to indicate that the classical model of the role and duties of defense lawyers can accommodate the increased use of biological therapies for criminal rehabilitation, and we ultimately discuss broader implications of biological treatments as rehabilitative strategies for the criminal justice system.

Keywords: Sentencing, Biological Interventions, Coercion, Defense Attorney, Rehabilitation, Therapeutic Jurisprudence

Suggested Citation

Berryessa, Colleen and Chandler, Jennifer, The Role of the Defense Attorney in Relation to Biological Interventions As Rehabilitative Strategies (2020). Colleen M. Berryessa & Jennifer A. Chandler (2020) The role of the defense attorney in relation to biological interventions as rehabilitative strategies, Journal of Offender Rehabilitation, DOI: 10.1080/10509674.2020.1784350, Ottawa Faculty of Law Working Paper No. 2020-22, Available at SSRN: https://ssrn.com/abstract=3645062 or http://dx.doi.org/10.2139/ssrn.3645062

Colleen Berryessa (Contact Author)

Rutgers, The State University of New Jersey - School of Criminal Justice ( email )

123 Washington Street
Newark, NJ 07102-309
United States

Jennifer Chandler

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
36
Abstract Views
514
PlumX Metrics