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The role of lawyers during police detention and questioning : a comparative study
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Hodgson, Jacqueline (2015) The role of lawyers during police detention and questioning : a comparative study. Contemporary Readings in Law and Social Justice, 7 (2). pp. 7-16.
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Abstract
Drawing on the findings of a recent empirical study conducted across four jurisdictions, this article considers the ways in which legal assistance is provided to suspects who are held in police custody for formal questioning. It sets out, very briefly, the legal framework developed by the European Court of Human Rights and now the EU, and the legal provisions in place in the four jurisdictions post Salduz. It then goes on to consider the kinds of factors that, in practice, promote or constrain the provision of effective legal assistance. These include the occupational cultures of police and lawyers and the availability of human and financial resources. Whilst the criminal processes of the four jurisdictions are different, there are many similarities in the working practices of police and lawyers and a lack of agreement among police and lawyers, as to the value of legal assistance to suspects before and during police interrogation.
Item Type: | Journal Article | ||||
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Subjects: | H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KW European Union Law |
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Criminal defense lawyers -- Europe, Police questioning, Defense (Criminal procedure), Legal assistance to prisoners , Prisoners -- Legal status, laws, etc. | ||||
Journal or Publication Title: | Contemporary Readings in Law and Social Justice | ||||
Publisher: | Addleton Academic Publishers | ||||
Official Date: | 2015 | ||||
Dates: |
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Volume: | 7 | ||||
Number: | 2 | ||||
Page Range: | pp. 7-16 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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