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Training the Hybrid Lawyer and Implementing the Hybrid System: Two Tasks for Italian Legal Education


David M. Siegel


New England Law | Boston


Syracuse Journal of International Law & Commerce, Vol. 33, p. 101, 2006

Abstract:     
This article proposes two tasks for Italian legal education following the most significant reforms of Italy's criminal justice system in over a century. Now a "mixed" or hybrid system that is the most adversarial in continental Europe (with confrontation, cross examination, lawyer-directed questioning of witnesses, and limited plea bargaining), the Italian criminal justice system also retains significant inquisitorial features (liberal use of appeals, written decisions in virtually all cases, and professional rather than lay fact finders). I recommend Italian legal educators adopt trial skills simulation courses in Italian universities and develop an empirical research program. The adoption of trial skills simulation courses is based upon a comparison with US efforts to align legal education and practice skills. The research program could create mechanisms for implementing the reforms, such as guidelines for exercising the prosecutorial discretion newly available with plea bargaining and ethical standards for interaction between judges with more limited investigative roles and lawyers (particularly public prosecutors) with more adversarial ones.

Number of Pages in PDF File: 21

Keywords: inquisitorial, adversarial, legal education, Italy, hybrid

JEL Classification: K14, K40

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Date posted: May 11, 2006  

Suggested Citation

Siegel, David M., Training the Hybrid Lawyer and Implementing the Hybrid System: Two Tasks for Italian Legal Education. Syracuse Journal of International Law & Commerce, Vol. 33, p. 101, 2006 . Available at SSRN: http://ssrn.com/abstract=900585

Contact Information

David M. Siegel (Contact Author)
New England Law | Boston ( email )
154 Stuart St.
Boston, 02116
United States
(617) 422-7270 (Phone)
(617) 422-7453 (Fax)
HOME PAGE: http://www.nesl.edu/clsr/

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