The Right to Counsel in Quasi-criminal Cases
Author : Nancy L. Firak
Publisher :
Page : 266 pages
File Size : 10,30 MB
Release : 1983
Category : Lawyers
ISBN :
Author : Nancy L. Firak
Publisher :
Page : 266 pages
File Size : 10,30 MB
Release : 1983
Category : Lawyers
ISBN :
Author : Boston University. Center for Criminal Justice
Publisher :
Page : 44 pages
File Size : 49,15 MB
Release : 1976
Category : Criminal courts
ISBN :
Author : Lorena Bachmaier Winter
Publisher : Springer Nature
Page : 440 pages
File Size : 12,68 MB
Release : 2020-06-10
Category : Law
ISBN : 3030431231
The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
Author : Sheldon Krantz
Publisher :
Page : 912 pages
File Size : 25,20 MB
Release : 1976
Category : Law
ISBN :
Author : Edward T. Haggins
Publisher :
Page : 10 pages
File Size : 19,42 MB
Release : 1966
Category : Legal aid
ISBN :
Author : American Bar Association
Publisher :
Page : 151 pages
File Size : 37,62 MB
Release : 1999-01-01
Category : Criminal justice, Administration of
ISBN : 9781570737138
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Author :
Publisher :
Page : 0 pages
File Size : 39,42 MB
Release : 2006
Category :
ISBN :
Enthusiasm for the notion of a right to counsel in civil cases inevitably runs up against the reality that implementation of the right to counsel in criminal proceedings has been piecemeal. More than forty years after the U.S. Supreme Court posited in Gideon v. Wainwright a constitutional right to counsel in criminal cases, in some parts of the country serious difficulties in securing that right remain. Any exploration of a civil right to counselâ€"a right often labeled a “civil Gideonâ€ŗâ€"must be based on an understanding of the criminal right-to-counsel experience.
Author : Boston University. Center for Criminal Justice
Publisher :
Page : 40 pages
File Size : 40,41 MB
Release : 1976
Category : Criminal courts
ISBN :
Author : Anne Poulin
Publisher :
Page : pages
File Size : 43,18 MB
Release : 2007
Category :
ISBN :
This article argues that the courts should recognize that defense counsel's role is pivotal in criminal cases and take specific steps to strengthen the defendant's right to counsel. The article first examines the courts' view of the criminal defendant's role in four situations: when addressing questions of competency to stand trial, when addressing the propriety of excluding the defendant from various proceedings, when considering the allocation of decision-making authority between the defendant and counsel, and when discussing the responsibility of the pro se defendant. In each of these contexts, the courts generally ascribe a limited role to the represented defendant, relying on counsel to protect and enforce the defendant's rights.The article then argues that the courts should take four steps to strengthen the defendant's right to counsel. First, the courts should recognize a constitutionally protected interest in continuity of representation. Second, the courts should be more receptive to motions for substitute counsel. Third, courts should assure that the defendant is present at all discussions related to whether counsel will continue in the case. Finally, the courts should recognize the unusual responsibility assumed by a pro se defendant and enforce rules disfavoring the decision to proceed pro se. These procedural changes would enhance the fairness of the criminal process by strengthening the defendant's right to counsel.
Author : Paul Lance Kelly
Publisher :
Page : pages
File Size : 13,96 MB
Release : 1965
Category : Right to counsel
ISBN :