Hodgson, Jacqueline (2006) The role of the criminal defence lawyer in an inquisitorial procedure : legal and ethical constraints. Legal Ethics, Volume 9 (Number 1). pp. 125-144. ISSN 1460-728X.

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Abstract

Using the example of contemporary France, this paper considers the legal and ethical constraints upon the role and function of the criminal defence lawyer in a criminal procedure rooted in the inquisitorial model. Recent reforms promise to open up the space occupied by the criminal defence lawyer, but in practice, the defence role continues to be overshadowed by the dominance of judicial supervision – both as a theoretical organising feature and in the ways in which this shapes legal and occupational cultures. The paper argues that despite the limitations of judicial supervision in practice and the expectations of increased defence participation in measures designed to accelerate the disposition of cases, the legal and ethical regulation of the lawyer continues to define her role as auxilliary to that of the investigating judge rather than as an automomous actor in the criminal process.

Item Type:	Journal Article
Divisions:	Faculty of Social Sciences > School of Law
Journal or Publication Title:	Legal Ethics
Publisher:	Hart Publishing Ltd.
ISSN:	1460-728X
Official Date:	2006
Dates:	Date Event 2006 Published
Volume:	Volume 9
Number:	Number 1
Page Range:	pp. 125-144
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
Related URLs:	Publisher

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