Constructing the Pre-Trial Role of the Defence in French Criminal Procedure: An Adversarial Outsider in an Inquisitorial Process?

Hodgson, Jacqueline

Abstract

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Constructing the Pre-Trial Role of the Defence in French Criminal Procedure: An Adversarial Outsider in an Inquisitorial Process?

Jacqueline Hodgson

University of Warwick - School of Law

November 11, 2009

Warwick School of Law Research
International Journal of Evidence & Proof ,Vol. 6, No. 1, pp. 1-16, 2002

Abstract:
In this paper I wish to outline the ways in which the role of the defence lawyer in French pre-trial criminal procedure is constructed and the factors which have both influenced and constrained its recent evolution. Beginning with an examination of the changing ways in which the pre-trial defence role is characterised by the text of the law and the official discourse surrounding it, I then go on to provide an empirically based account of the ways in which the defence avocat is perceived and accommodated by the key legal actors, namely the police and the judicial officers charged with the supervision of criminal investigations.

Number of Pages in PDF File: 14

Keywords: French pre-trial criminal procedure, defence lawyer, empirical study

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Date posted: November 13, 2009

Suggested Citation

Hodgson, Jacqueline S., Constructing the Pre-Trial Role of the Defence in French Criminal Procedure: An Adversarial Outsider in an Inquisitorial Process? (November 11, 2009). Warwick School of Law Research. Available at SSRN: http://ssrn.com/abstract=1503997

Contact Information

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson