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NCJ Number: 202105 Add to Shopping cart Find in a Library
Title: Critical Issues for Defense Attorneys in Drug Court
Author(s): Karen Freeman-Wilson; Ronald Sullivan; Susan P. Weinstein
Corporate Author: National Drug Court Institute
United States of America
Date Published: April 2003
Page Count: 72
Sponsoring Agency: Bureau of Justice Assistance
Washington, DC 20531
National Drug Court Institute
Alexandria, VA 22314
Grant Number: 1999-DC-VX-K001
Sale Source: National Drug Court Institute
1029 N. Royal St, Suite 201
Alexandria, VA 22314
United States of America
Type: Instructional Material
Format: Document
Language: English
Country: United States of America
Annotation: The product of a focus group of public defenders convened by the National Drug Court Institute in November 2002, this monograph is intended as a reference tool for prospective and current defense attorneys who practice in drug courts; and it provides information for those involved in the design, implementation, modification, or improvement in drug courts in their jurisdictions.
Abstract: Drug courts were created in response to the perception that the traditional, adversarial criminal justice system does not adequately address the issues of nonviolent drug offenders. The drug court system rejects an adversarial model of case resolution in favor of a cooperative team effort by court personnel to promote the defendant's recovery from drug addiction. The tension between the need for increased judicial flexibility and authority under such a system requires that the defense attorney achieve a balance between acquiescing to informal procedures and practices that would not be tolerated in the adversarial criminal court system while trying to protect the client from the severe punishments that are available to drug courts. This monograph provides guidance for defense attorneys in achieving this balance. One chapter explores the guidance that certain ethical rules established by the American Bar Association (ABA) provide to defense attorneys who advise clients regarding whether to enter drug court programs or represent clients in drug court programs. The ABA has yet to issue any formal opinions regarding specific ethical considerations in the drug court context. Another section of the monograph discusses the role that culture plays in the drug court environment, including the way culture functions and aids in maximizing the program. As used in this context, "culture" refers to a set of customs, beliefs, ideals, linguistic practices, and institutional practices used within and perhaps distinctive to a given community. This section notes that recognition of the various cultural influences at work in a given client's life will be central to the recovery process under the drug court's jurisdiction. Other topics addressed in the monograph are treatment issues, training for drug court attorneys, legal issues and due process rights, and policy considerations. Appended supplementary information and guidance
Main Term(s): Drug Courts
Index Term(s): Court procedures; Defense counsel; Defense counsel effectiveness; Defense preparation; Defense services; Drug offenders; Drug treatment; Professional conduct and ethics
Note: Monograph Series 4
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