Document Type

Article

Publication Date

2007

Abstract

This Article responds to Professor David 13. Wexler's recent suggestion that adopting Therapeutic Jurisprudence ("V) principles to create a new type of "rehabilitative" defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The "rehabilitative," -Pi defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical standards. Instead, the tradition of zealous and quality advocacy, whether in a law school clinic or in a public defender's office, best serves the interests of defendants.

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