NCJ Number
130967
Journal
Crime and Delinquency Volume: 37 Issue: 3 Dated: (July 1991) Pages: 374-392
Date Published
1991
Length
19 pages
Annotation
Research in the United States and the United Kingdom has tended to focus on the format court processes rather than on the informal processes of justice that precede the actual hearings. This article examines the role of the lawyer in South Australian courts by describing activities that occur before court, during court, and after court.
Abstract
The data for the article were collected from interviews with South Australian lawyers, observations of the operation of a children's court, and documentation of pretrial negotiations. The lawyers perceive their precourt role to be the most critical, yet conventional. The research suggests that lawyers are the most influential when negotiating a plea on behalf of their clients. At court, the lawyer works at pleading in mitigation of sentences, achieving lenient penalties, and generally facilitating courtroom procedures. The main function which lawyers perform after court hearings is to explain the outcome to their young clients. 25 references (Author abstract modified)