This collection discusses the concept of ‘poor-quality’ criminal defence representation and assistance, so-termed ‘poor lawyering’. It does so from diverse perspectives, including legal and criminological. The work presents an overview of the issue of the quality of legal assistance in criminal proceedings, so allowing a better understanding of the potential limits and problems. The volume is divided into three parts which, over fourteen chapters, offer analyses of poor lawyering across: national and supranational legal systems, including, Belgium, Germany, Greece, Italy, England & Wales, the United States and the European Court of Human Rights; the specific challenges of poor lawyering, such as, regulation of counsel before the International Criminal Court, through codes of conduct, and in cross-border proceedings within Europe; the individual fault and external pressures of criminal defence lawyers; the ‘missed opportunity’ of pre-charge engagement; the importance of insights from legal and criminological psychology; and the role of neurodivergent defendants in the adaptation of the defence lawyer’s assistance. The collection concludes with a transversal and comparative analysis of the effectiveness of defence and the independence of lawyers. With contributions from academics and practitioners from a range of backgrounds, the book will be a valuable resource for students, academics, researchers and policy-makers working in the area of Criminal Justice.
PREFACE. Andrew Sanders. INTRODUCTION. Ashlee Beazley. PART I: NATIONAL AND SUPRANATIONAL PERSPECTIVES ON POOR LAWYERING. CHAPTER 1—POOR LAWYERING IN BELGIUM: JUDICIALLY CURED OR A FORCE MAJEURE?. Ashlee Beazley and Tuur Van der Wee. CHAPTER 2—INEFFECTIVE LEGAL REPRESENTATION IN GERMANY: EXAMINING POOR LAWYERING AND SYSTEMIC BARRIERS, WITH A FOCUS ON PRELIMINARY PROCEEDINGS. Laura Farina Diederichs. CHAPTER 3—‘GOOD’ AND ‘POOR’ LAWYERING IN CONTINENTAL LAW: THE CRIMINAL DEFENCE LAWYER IN GREECE AS A CASE STUDY. Dimitrios Giannoulopoulos. CHAPTER 4—POOR LAWYERING IN ITALY. Michele Panzavolta. CHAPTER 5—POOR LAWYERING IN ENGLAND & WALES AND THE (POST-)APPELLATE SYSTEM: A REMEDY OR A PLACEBO? Ashlee Beazley. CHAPTER 6—LOOK FORWARDS, NOT BACKWARDS: A PERSPECTIVE ON LAWYERING IN THE UNITED STATES. Charles D. Weisselberg. CHAPTER 7—THE ECtHR AND THE ‘MANIFEST’ TEST FOR INEFFECTIVE LEGAL ASSISTANCE: TIME FOR A REWORKING? Maciej Fingas. PART II: POOR LAWYERING CHALLENGES IN PRACTICE. CHAPTER 8—THE ROLE OF REGULATION IN CONTROLLING THE STANDARDS OF COUNSEL AT THE INTERNATIONAL CRIMINAL COURT. Michael Herz. CHAPTER 9—CODES OF CONDUCT AND PROFESSIONAL REGULATION: SHOULD THE BAR ASSOCIATIONS DO MORE TO ENSURE THEIR MEMBERS ARE MEETING MINIMUM STANDARDS OF QUALITY? Federico Cappelletti. CHAPTER 10—LESSONS FROM POOR LAWYERING IN ENGLAND & WALES: INDIVIDUAL FAULT AND EXTERNAL PRESSURES. James Thornton. CHAPTER 11—‘POOR LAWYERING’: THE MISSED OPPORTUNITY OF PRE-CHARGE ENGAGEMENT. Ed Johnston. CHAPTER 12—NEURODIVERGENT DEFENDANTS AND THE POOR LAWYER: HOW MIGHT DEFENCE LAWYERS ADAPT TO THEIR CLIENTS’ NEEDS? Tom Smith. CHAPTER 13—THE IMPORTANCE OF INSIGHTS FROM LEGAL AND CRIMINOLOGICAL PSYCHOLOGY FOR IMPROVING CRIMINAL DEFENCE PRACTICE. Lore Mergaerts. PART III: CONCLUSION—A TRANSVERSAL PERSPECTIVE ON POOR LAWYERING. CHAPTER 14—POOR LAWYERING IN CRIMINAL CASES: A CRITICAL COMPARATIVE APPRAISAL BETWEEN EFFECTIVENESS OF DEFENCE AND INDEPENDENCE OF LAWYERS. Michele Panzavolta.
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