From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice
In: Ross, Jacqueline E. and Thaman, Stephen C., (eds.) Handbook on Comparative Criminal Procedure. Research Handbooks in Comparative Law series. Cheltenham, UK and Northampton, MA: Edward Elgar, pp 258-79 (2016)
30 Pages Posted: 13 Jun 2017 Last revised: 23 Jun 2017
Date Written: June 1, 2016
Comparative criminal justice has much to teach us, not only in our relative understanding of the criminal procedures of national jurisdictions, but also in the critical analysis of wider European norms of the European Convention on Human Rights (ECHR) and most recently, the European Union (EU). Drawing on the findings of an empirical and comparative study of the suspect’s right to legal counsel, together with earlier empirical research, this chapter analyses the scope and effectiveness of the standards set by the European Court of Human Rights (ECtHR) in its interpretation of the ECHR and the recent EU provisions setting out procedural safeguards for suspects detained and interrogated in EU countries.
Keywords: legal advice, custody, empirical research
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