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Poor Defence Lawyering in Criminal Proceedings: A Comparative View

Edited by: Ashlee Beazley, Michele Panzavolta, Andrew Sanders

ISBN13: 9781032537467
To be Published: June 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £150.00



This collection discusses the concept of ‘poor-quality’ criminal defence representation and assistance, so-termed ‘poor lawyering’. It does so from diverse perspectives, including legal and criminological. The work presents an overview of the issue of the quality of legal assistance in criminal proceedings, so allowing a better understanding of the potential limits and problems.

The volume is divided into three parts which, over fourteen chapters, offer analyses of poor lawyering across: national and supranational legal systems, including, Belgium, Germany, Greece, Italy, England & Wales, the United States and the European Court of Human Rights; the specific challenges of poor lawyering, such as, regulation of counsel before the International Criminal Court, through codes of conduct, and in cross-border proceedings within Europe; the individual fault and external pressures of criminal defence lawyers; the ‘missed opportunity’ of pre-charge engagement; the importance of insights from legal and criminological psychology; and the role of neurodivergent defendants in the adaptation of the defence lawyer’s assistance. The collection concludes with a transversal and comparative analysis of the effectiveness of defence and the independence of lawyers.

With contributions from academics and practitioners from a range of backgrounds, the book will be a valuable resource for students, academics, researchers and policy-makers working in the area of Criminal Justice.

Subjects:
Criminal Law, Comparative Law
Contents:
INTRODUCTION.
Ashlee Beazley.

PART I: NATIONAL AND SUPRANATIONAL PERSPECTIVES ON POOR LAWYERING
CHAPTER 1—POOR LAWYERING IN BELGIUM: JUDICIALLY CURED OR A FORCE MAJEURE?
Ashlee Beazley and Tuur Van der Wee
CHAPTER 2—INEFFECTIVE LEGAL REPRESENTATION IN GERMANY: EXAMINING POOR LAWYERING AND SYSTEMIC BARRIERS, WITH A FOCUS ON PRELIMINARY PROCEEDINGS
Laura Farina Diederichs
CHAPTER 3—‘GOOD’ AND ‘POOR’ LAWYERING IN CONTINENTAL LAW: THE CRIMINAL DEFENCE LAWYER IN GREECE AS A CASE STUDY
Dimitrios Giannoulopoulos
CHAPTER 4—POOR LAWYERING IN ITALY
Michele Panzavolta
CHAPTER 5—POOR LAWYERING IN ENGLAND & WALES AND THE (POST-)APPELLATE SYSTEM: A REMEDY OR A PLACEBO?
Ashlee Beazley
CHAPTER 6—LOOK FORWARDS, NOT BACKWARDS: A PERSPECTIVE ON LAWYERING IN THE UNITED STATES
Charles D. Weisselberg
CHAPTER 7—THE ECtHR AND THE ‘MANIFEST’ TEST FOR INEFFECTIVE LEGAL ASSISTANCE: TIME FOR A REWORKING?
Maciej Fingas

PART II: POOR LAWYERING CHALLENGES IN PRACTICE
CHAPTER 8—THE ROLE OF REGULATION IN CONTROLLING THE STANDARDS OF COUNSEL AT THE INTERNATIONAL CRIMINAL COURT
Michael Herz
CHAPTER 9—CODES OF CONDUCT AND PROFESSIONAL REGULATION: SHOULD THE BAR ASSOCIATIONS DO MORE TO ENSURE THEIR MEMBERS ARE MEETING MINIMUM STANDARDS OF QUALITY?
Federico Cappelletti
CHAPTER 10—LESSONS FROM POOR LAWYERING IN ENGLAND & WALES: INDIVIDUAL FAULT AND EXTERNAL PRESSURES
James Thornton
CHAPTER 11—‘POOR LAWYERING’: THE MISSED OPPORTUNITY OF PRE-CHARGE ENGAGEMENT
Ed Johnston
CHAPTER 12—NEURODIVERGENT DEFENDANTS AND THE POOR LAWYER: HOW MIGHT DEFENCE LAWYERS ADAPT TO THEIR CLIENTS’ NEEDS?
Tom Smith
CHAPTER 13—THE IMPORTANCE OF INSIGHTS FROM LEGAL AND CRIMINOLOGICAL PSYCHOLOGY FOR IMPROVING CRIMINAL DEFENCE PRACTICE
Lore Mergaerts

PART III: CONCLUSION—A TRANSVERSAL PERSPECTIVE ON POOR LAWYERING
CHAPTER 14—POOR LAWYERING IN CRIMINAL CASES: A CRITICAL COMPARATIVE APPRAISAL BETWEEN EFFECTIVENESS OF DEFENCE AND INDEPENDENCE OF LAWYERS
Michele Panzavolta

Series: Routledge Contemporary Issues in Criminal Justice and Procedure

International Perspectives of Neuroscience in the Youth Justice Courtroom ISBN 9781032571133
To be published March 2025
Routledge
£145.00
£39.00
Out of print
£135.00
Murder, Wrongful Conviction and the Law: An International Comparative Analysis
Edited by: Jon Robins
ISBN 9781032170275
Published May 2023
Routledge
£140.00
Out of print
Efficiency and Bureaucratisation of Criminal Justice: Global Trends ISBN 9781032075853
Published March 2023
Routledge
£125.00
Out of print
£130.00
£135.00
£39.99
Out of print
Challenges in Criminal Justice
Edited by: Ed Johnston
ISBN 9780367698041
Published July 2022
Routledge
£135.00
The Law of Disclosure: A Perennial Problem in Criminal Justice ISBN 9780367420147
Published December 2020
Routledge
£135.00