The Role of the Criminal Defence Lawyer in Adversarial and Inquisitorial Procedure

Strafverteidigung vor neuen Herausforderungen, pp. 45-59, Berlin: Duncker & Humblot, 2008

Warwick School of Law Research

13 Pages Posted: 13 Nov 2009

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Abstract

The focus of this paper is on the rights of the defence during the pre-trial stage of criminal procedure. Although the trial is the public setting in which the case is determined, the character of the pre-trial process has a determinative influence upon the nature of the evidence presented at court and indeed, the decision whether or not a trial takes place at all. I would like to offer some observations on recent changes that have taken place in two quite different legal systems – that of France and of England and Wales. These are, of course, only two examples of systems rooted in inquisitorial and adversarial procedure respectively. They are not paradigms. Despite the tendency of many Anglo-American commentators to speak of ‘inquisitorial’ or ‘continental’ procedures as though they are homogenous, there are important differences between the French criminal process and that of say Germany or the Netherlands. Similarly, England and Wales, although sharing many procedural values with the USA, is also quite different from it in many respects.

Suggested Citation

Hodgson, Jacqueline S., The Role of the Criminal Defence Lawyer in Adversarial and Inquisitorial Procedure. Strafverteidigung vor neuen Herausforderungen, pp. 45-59, Berlin: Duncker & Humblot, 2008 ; Warwick School of Law Research. Available at SSRN: https://ssrn.com/abstract=1504000

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

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

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

Register to save articles to
your library

Register

Paper statistics

Downloads
1,055
rank
19,461
Abstract Views
3,340
PlumX Metrics