Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

Georgetown Law Faculty Publications and Other Works

2006

Defense (criminal procedure)

Articles 1 - 2 of 2

Full-Text Articles in Law

Defending The Unpopular Down-Under, Abbe Smith Jan 2006

Defending The Unpopular Down-Under, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The ethics of criminal defence lawyers and others who represent 'unpopular clients' is a largely unexplored area of legal scholarship in Australia. This article seeks to examine, from a comparative perspective, the motivations and ethical practices of these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing professional obligations to court and client, truth and advocacy, public and profession. …


Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith Jan 2006

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Georgetown Law Faculty Publications and Other Works

I believe there is no more important work than defending kids, especially those accused of serious crimes. The consequences of juvenile crime are increasingly severe, whether kids remain in the juvenile system or are prosecuted as adults. We lock up too many people in this country, many of whom are children. Surely, at the start of the twenty-first century - given our knowledge about the causes of juvenile delinquency and crime - we can do more than put troubled kids in cages. So, why not work with young offenders who are on their way to becoming adult clients, to try …