PRACTICE OF LAW AS CONFIDENCE GAME - ORGANIZATIONAL COOPTATION OF A PROFESSION (FROM CRIMINAL JUSTICE - LAW AND POLITICS, 1972, BY G F COLE - SEE NCJ-25794)

• NCJ Number: 25805
• Author(s): A S BLUMBERG
• Date Published: 1972
• Length: 23 pages
• Corporate Author: Wadsworth Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF THE PLEA NEGOTIATION SYSTEM AND THE EFFECT THIS SYSTEM HAS ON THE DEFENDANT, THE DEFENSE LAWYER, AND THE IMPLEMENTATION OF RECENT U.S. SUPREME COURT DECISIONS ON THE RIGHT TO COUNSEL.

Abstract

THE AUTHOR STATES THAT IN THESE DECISIONS REGARDING THE RIGHT TO COUNSEL, THE SUPREME COURT REITERATES THE TRADITIONAL LEGAL CONCEPTION OF THE DEFENSE LAWYER BASED ON THE IDEOLOGICAL PERCEPTION OF A CRIMINAL CASE AS AN ADVERSAY COMBATIVE PROCEEDING IN WHICH THE DEFENSE COUNSEL ACTUALLY DEFENDS THE ACCUSED. THE AUTHOR ARGUES THAT THE ACTUAL STATE OF THE COURTS - IN WHICH THE DEFENSE LAWYER HAS BEEN ESSENTIALLY COOPTED AND ACTS AS AN AGENT OF THE COURT IN THE PLEA BARGAINING SYSTEM - MAY RENDER THESE SUPREME COURT DECISIONS INEFFECTUAL. THE ROLE OF THE DEFENSE LAWYER AS A PLEA BARGAINING AGENT AND THE EFFECT OF THIS ROLE ON THE CLIENT'S PERCEPTION OF JUSTICE ARE EXAMINED IN DETAIL. (AUTHOR ABSTRACT MODIFIED)