Hiring lawyers for every indigent
unrepresented criminal litigant vastly increased the expense of prosecution, including the number of attorneys hired and multiple appeals.
In R v Milton Brown [1998] EWCA Crim 1486 Lord Bingham said that in an appropriate case it was open to the judge to ask
an unrepresented criminal defendant whether there were matters he wished to have put to a witness.
Not exact matches
It is like being thrown into an unfamiliar battleground, where the
unrepresented defendant is unequally armed and trained vis à vis the prosecution, and where even the otherwise best
criminal defense lawyer is weakened unless s / he prepares his or her defendant client well for court and works well as a team with the defendant.
We're talking about the Crown's duty, especially in
criminal cases, especially where the defendant is
unrepresented.
And only those within the justice system are seeing the negative effects of the growing number of
unrepresented litigants in civil and
criminal courts.
1 For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when
unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in
criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Make?
Criminal law — Offences — Property offences — Possession of breaking instruments — Possession of stolen goods — Procedure — Trial judge's duties — Where accused
unrepresented — Trials — Adjournment.
«Legal aid funding is so limited that in Provincial Court, approximately 40 percent of British Columbians are
unrepresented by a lawyer in family court cases and 20 percent are
unrepresented in
criminal cases,» states the report.
The Ontario Court of Appeal held that the ability to appoint amicus curiae is part of the inherent jurisdiction of the court, and judges must must be able to secure the appropriate assistance so that serious
criminal cases involving an
unrepresented accused can still proceed.
The only remaining alternative is to stand up in court facing
criminal charges alone and
unrepresented.
The Ministry of Justice refused to release its research on
unrepresented defendants in
criminal courts.