Standing Accused
The Organization and Practices of Criminal Defence Lawyers in Britain
Seiten
1994
Clarendon Press (Verlag)
978-0-19-825868-1 (ISBN)
Clarendon Press (Verlag)
978-0-19-825868-1 (ISBN)
Based on a large study of legal professional practice, involving nearly 50 solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain - from the moment of initial contact through to the preparation and presentation of defendants.
Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, according to this major new study, is rather different. The provision of defence counsel is often rudimentary and unsatisfactory.
Based on one of the largest studies of legal professional practice ever undertaken, involving nearly fifty solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain. The authors show how defence lawyers discharge their obligations to clients from the moment of initial contact with clients through to the routine preparation and representation of defendants in both Magistrates' and Crown Courts. For the first time, this study reveals the role of paralegals and unqualified staff in providing defence assistance, and highlights how their inexperience and assumption of the client's guilt can critically undermine defendants' rights.
The deficiencies highlighted by their research lead the authors to question the effectiveness of recent liberal and managerial reforms, with their excessive reliance on market-led considerations. The authors propose a cultural transformation in criminal defence work, a reassertion of the defendants' rights within an adversarial system, and offer constructive suggestions for improving defence services.
Extensively researched and documented, this study is a major contribution to current debates about the criminal justice system, and as such will be required reading for all lawyers, scholars, and professionals interested in the administration of justice.
Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, according to this major new study, is rather different. The provision of defence counsel is often rudimentary and unsatisfactory.
Based on one of the largest studies of legal professional practice ever undertaken, involving nearly fifty solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain. The authors show how defence lawyers discharge their obligations to clients from the moment of initial contact with clients through to the routine preparation and representation of defendants in both Magistrates' and Crown Courts. For the first time, this study reveals the role of paralegals and unqualified staff in providing defence assistance, and highlights how their inexperience and assumption of the client's guilt can critically undermine defendants' rights.
The deficiencies highlighted by their research lead the authors to question the effectiveness of recent liberal and managerial reforms, with their excessive reliance on market-led considerations. The authors propose a cultural transformation in criminal defence work, a reassertion of the defendants' rights within an adversarial system, and offer constructive suggestions for improving defence services.
Extensively researched and documented, this study is a major contribution to current debates about the criminal justice system, and as such will be required reading for all lawyers, scholars, and professionals interested in the administration of justice.
Defence solicitors in criminal cases - an introduction; organization and characteristics of criminal firms; the culture of criminal defence; pre-interrogation advice; advisors at interrogation; at the office - getting the client's story; the solicitor at court - client management and bail hearings; the solicitor at court - plea and mitigation; contested trials in Magistrates' Courts; solicitors, barristers and the Crown Court. Appendix: growth in criminal legal representation and legal aid in Magistrates' Courts, 1964-1990.
| Erscheint lt. Verlag | 17.2.1994 |
|---|---|
| Reihe/Serie | Oxford Monographs on Criminal Law and Justice |
| Zusatzinfo | tables |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 162 x 241 mm |
| Gewicht | 673 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht | |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht | |
| ISBN-10 | 0-19-825868-2 / 0198258682 |
| ISBN-13 | 978-0-19-825868-1 / 9780198258681 |
| Zustand | Neuware |
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