Mandate (criminal law)
A
incarceration. In this sense, the mandate is not truly mandatory, but is instead a type of legal fiction wherein the court assumes an illusion of power which, in actuality, is constrained by the defendant's free will
.
See also
- Free will
- Individual mandate
- Legal fictions
- Motivational interviewing
References
- 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. No threat or promise of any kind has been made to me by anyone, except as set forth herein."