Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than objecting to the lawyer's, and the reasons why making this challenge is less important. Part 2 examines the law; Part 3 grades the Court of Appeal's decisions; Part 4 considers how the challenges, even when unsuccessful, reveal the loci of problems that arise in criminal defense in Crown Court.
12 King's C. L.J. 137-173 (2001)
Scholarly Commons Citation
Tague, Peter W., "Faulty Adversarial Performance by Criminal Defenders in the Crown Court" (2001). Georgetown Law Faculty Publications and Other Works. Paper 241.