Abstract
This article contends that piecemeal changes to the adversarial process since the dawn of the new millennium have transformed the CJS. The advent of (near) compulsory disclosure means the defendant has to reveal many elements of his defence. This dilutes the adversarial battle and leaves a process which is managerialist in nature. The Early Guilty Plea system is a mechanism to increase the efficiency by stemming the amount of cases reaching the trial stage. This has an impact on the defence lawyer's role and renders him conflicted between advancing the best interest of the client against other pre-trial obligations. This small empirical study suggests that classic adversarial lawyers are seen as a relic of a bygone era. The modern criminal justice system prioritises speed and efficiency. If a case reaches court, the defendant is treated as an "informational resource' of the court reminiscent of his position in the 17th century
Original language | English |
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Pages (from-to) | 35-58 |
Number of pages | 24 |
Journal | The International Journal of Evidence & Proof |
Volume | 24 |
Issue number | 1 |
DOIs | |
Publication status | Published - 26 Jan 2020 |
Keywords
- Adversarialism
- defence lawyer
- disclosure
- early guilty plea
- managerialism