A
criminal court may impose a "mandate" as part of a
legal process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by ...
on a person accused of a
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
consisting of an obligation to engage in certain conditions or activities in exchange for suspension or reduction in penalty; such as, conditions of
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
,
conditional discharge
A discharge is a type of sentence imposed by a court whereby no punishment is imposed.
An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defend ...
s, or other conditional sentences. For example, a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
convicted of
driving while intoxicated
Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
or
drug possession
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
While some drugs are illegal to possess, many governments regulate the ...
may be mandated to engage in
alcoholism
Alcoholism is, broadly, any drinking of alcohol (drug), alcohol that results in significant Mental health, mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognize ...
or
substance abuse
Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, ...
rehabilitation
Rehabilitation or Rehab may refer to:
Health
* Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished
* Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
. The term is paradoxical because acceptance of the "mandate" is a voluntary act by the defendant, who also has the option of serving what would most generally (though the relative weight is a matter determined by the individual's perspective and readiness to change) be viewed as a harsher alternative, such as
incarceration
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
. In this sense, the mandate is not truly ''mandatory'', but is instead a type of
legal fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales.
Deve ...
wherein the court assumes an illusion of power which, in actuality, is constrained by the defendant's
free will
Free will is the capacity of agents to choose between different possible courses of action unimpeded.
Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actio ...
.
See also
*
Free will
Free will is the capacity of agents to choose between different possible courses of action unimpeded.
Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actio ...
*
Individual mandate
An individual mandate is a requirement by law for certain persons to purchase or otherwise obtain a good or service.
United States Militia act
The Militia Acts of 1792, based on the Constitution's militia clause (in addition to its affirmative ...
*
Legal fictions
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales.
Devel ...
*
Motivational interviewing
Motivational interviewing (MI) is a counseling approach developed in part by clinical psychologists William R. Miller and Stephen Rollnick. It is a directive, client-centered counseling style for eliciting behavior change by helping clients to e ...
References
{{Reflist, colwidth=30em
* NYS Office of Court Administration, Office of Court Drug Treatment Programs
Recommended Practices for New York Adult Drug Treatment Courts* Office of the Special Narcotics Prosecutor for the City of New York
2006 Annual Report Bridget G. Brennan
* State of New York, County of Allegany
Drug Treatment Court Contract(sample): "I have read and fully understand the above agreement and execute it on my own
free will
Free will is the capacity of agents to choose between different possible courses of action unimpeded.
Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actio ...
. No threat or promise of any kind has been made to me by anyone, except as set forth herein."
Legal terminology