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Defence lawyers and probation officers: offenders' allies or adversaries?

Defence lawyers and probation officers: offenders' allies or adversaries?
Defence lawyers and probation officers: offenders' allies or adversaries?
The shift in recent decades towards an explicitly punitive agenda for criminal justice in Western jurisdictions has been well-documented in the criminological literature. People accused of offences and convicted offenders progress through a punitive criminal justice system replete with crime control values. Furthermore, in criminal justice policy development, the notion of victims' rights and the quest to rebalance the system in favour of victims now override concerns about rights. In the light of this state of affairs, it seems necessary to assess the role of practitioners within the criminal justice system who, by virtue of their professional mandates, can be expected to act as much needed allies for defendants as they progress through the system. These practitioners are defence lawyers and probation officers. Insufficient attention has been paid to the role of both and they have not previously been considered as two parts of a greater whole despite their obviously complimentary nature. In an effort to address this gap in knowledge, this article draws on two different studies to offer an exploratory discussion of how both practitioners interact with their clients and whether or not the practitioners can be viewed as effective allies of those implicated with the criminal process.
1469-9257
183-207
Newman, Daniel
2a4ace79-f8d4-44a2-a132-3afaa5052850
Ugwudike, Pamela
2faf9318-093b-4396-9ba1-2291c8991bac
Newman, Daniel
2a4ace79-f8d4-44a2-a132-3afaa5052850
Ugwudike, Pamela
2faf9318-093b-4396-9ba1-2291c8991bac

Newman, Daniel and Ugwudike, Pamela (2013) Defence lawyers and probation officers: offenders' allies or adversaries? International Journal of the Legal Profession, 20 (2), 183-207. (doi:10.1080/09695958.2013.833094).

Record type: Article

Abstract

The shift in recent decades towards an explicitly punitive agenda for criminal justice in Western jurisdictions has been well-documented in the criminological literature. People accused of offences and convicted offenders progress through a punitive criminal justice system replete with crime control values. Furthermore, in criminal justice policy development, the notion of victims' rights and the quest to rebalance the system in favour of victims now override concerns about rights. In the light of this state of affairs, it seems necessary to assess the role of practitioners within the criminal justice system who, by virtue of their professional mandates, can be expected to act as much needed allies for defendants as they progress through the system. These practitioners are defence lawyers and probation officers. Insufficient attention has been paid to the role of both and they have not previously been considered as two parts of a greater whole despite their obviously complimentary nature. In an effort to address this gap in knowledge, this article draws on two different studies to offer an exploratory discussion of how both practitioners interact with their clients and whether or not the practitioners can be viewed as effective allies of those implicated with the criminal process.

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e-pub ahead of print date: 17 September 2013
Published date: 2013

Identifiers

Local EPrints ID: 416772
URI: http://eprints.soton.ac.uk/id/eprint/416772
ISSN: 1469-9257
PURE UUID: 838bc9ea-1ebb-4486-8e3c-a049b00dea03

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Date deposited: 10 Jan 2018 17:30
Last modified: 13 Mar 2019 19:01

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