The Role of the Defense Lawyer
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Beschreibung:
The adversarial criminal trial is changing, as are the roles of the actors within the process. This book examines the implications of such change.
The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused as to his role, is it possible to zealously advance the best interests of his client? While the role of the defense has been explored through the culture of their law firms, the individualized role of the defense lawyer in the context of criminal procedure and their contribution to adversarial justice is something that has not been exposed to scrutiny. This book explores how lawyers view their own individual role in the context of the changed obligations introduced by the CPIA 1996 and the CrimPR, looking at the defense lawyer as part of a system, rather than as part of a relationship. Through a theoretical lens, Ed Johnston provides a wider perspective on the changing nature of criminal justice and the place of a key actor within it to draw conclusions regarding the role of the defense lawyer in the modern era.
Chapter 1: Theories of Criminal Justice
Chapter 2: The Genesis of Adversarialism
Chapter 3: A Departure from Adversarialism: A History of Disclosure and Case Management
Chapter 4: Theoretical Implications of the ‘New Regime’
Chapter 5: The Defence Lawyer in the Modern Era: Perceptions from Practice
Chapter 6: The ‘Efficient’ Criminal Justice System and the Dilution of Adversarialism