| dc.contributor.author | Dewhurst, Dale | |
| dc.date.accessioned | 2010-06-22T21:27:28Z | |
| dc.date.available | 2010-06-22T21:27:28Z | |
| dc.date.issued | 2010-06-22T21:27:28Z | |
| dc.identifier.other | 30th International Congress of Academy of Law and Mental Health in Pauda, Italy, June 24-30, 2007 | |
| dc.identifier.uri | http://hdl.handle.net/2149/2532 | |
| dc.description | The paper was well received by those in attendance at the presentation and also received positive comments and discussion from people in the hallways between presentations. Those who did comment upon the paper had nothing negative to say about what had been presented; but, rather, made suggestions of how the various elements of the paper could be supplemented. As well, suggestions were made as to possible avenues for a future presentation and/or publication. The paper was of particular interest to the group of academics working in the developing field known as the Therapeutic Jurisprudence area.
For example, it has been suggested that I may want to attend/present a version of the paper at a future International Therapeutic Jurisprudence conference. Also, an individual who represents Springer Press and several ethics journals has indicated an interest in reviewing the paper for possible publication in one of the journals he represents.
I am currently revising the final version of the paper and I await some additional resource materials that I have on order. I will then complete some of the suggested supplements to strengthen the paper. Upon completion of these revisions I will be submitting the paper for publication consideration and/or additional international conference presentations.
A copy of the PowerPoint presentation given in Padua is attached to my e-mail. I have also attached a copy of the full notes made in support of the PowerPoint presentation; and, a copy of the e-mail from the representative from Springer Press. | en |
| dc.description.abstract | Lawyers’ ethical codes direct defence counsel to protect clients from criminal conviction. If acquittal isn’t possible, the minimal sentence should be secured. This paper argues that in specific case types neither an acquittal nor a minimal sentence is in the client’s best interests.
The clients’ best interests must be understood in the context of their overall lives. Criminal behaviour is often more than single incidents of offending isolated in time and place. An analysis of case examples shows that focusing on acquittal and minimal sentencing may leave clients in continuing conflict with the law; facing increased long term punishment; and failing to proactively address underlying mental health concerns.
In cases where the offending is directly connected to compulsive or repetitive behaviours that are grounded in mental health concerns, mental health professionals should be consulted early in the legal process. They may help determine whether the clients’ best interests are better served by acceptance of criminal responsibility and sentencing that ensures proper mental health intervention. Breaking the offence cycle through treatment and promoting a healthier crime-free lifestyle may meet the clients’ best interests better than protection from criminal conviction. | en |
| dc.description.sponsorship | Academic & Professional Development Fund (A&PDF) | en |
| dc.language.iso | en | en |
| dc.relation.ispartofseries | 92.927.G955; | |
| dc.subject | lawyer's ethical codes | en |
| dc.subject | acquittal | en |
| dc.subject | client's best interest | en |
| dc.subject | criminal behaviour | en |
| dc.title | When a Guilty Verdict is in the Accused’s Best Interests | en |
| dc.type | Presentation | en |
