The new quality assurance scheme for advocates shows that there is a growing concern about the quality of criminal advocates in England and Wales. Still, lawyers must be able to act in their clients’ best interests and act out in court with full emotion so they can convey their stories much more effectively and be more convincing.
But what are a criminal advocate’s most important qualities? How can these qualities be evaluated? And how could non-legal professions contribute to improving the quality of advocacy for the stakeholders in the criminal justice system? James M. Corbett provides general knowledge of the judicial process and the fundamental qualities an advocate must possess in order to practice law in the Criminal Justice System.
His book is educational and of assistance to anyone studying or practicing Criminal Law. It aims to be beneficial and reassuring to victims of Crime and anyone who may have to attend court for any reason. On the basis of the new quality assurance scheme, Corbett describes how the qualities of advocates can be evaluated and improved.
Table of Contents
- Part (A): What, in your opinion, are the most important qualities of the effective criminal advocate?
- Qualities
- The Advocate's Good Character
- Part (B): How would you advise trial judges to evaluate these qualities in the advocates who appear before them?
- The new Quality Assurance Scheme
- Part (C): How could non-legal professions contribute to improving the quality of advocacy for the stakeholders in the Criminal Justice System?
- The Adversarial Interrogation
Objectives and Key Themes
This text analyzes the qualities of effective criminal advocates and explores how these qualities can be evaluated by trial judges and improved upon with contributions from non-legal professions. The ultimate goal is to contribute to a discussion on improving the quality of advocacy within the criminal justice system.
- Essential qualities of an effective criminal advocate
- Methods for evaluating advocate qualities by trial judges
- The role of non-legal professions in enhancing advocacy
- The impact of ethics and character on advocacy
- The relationship between classical rhetoric and modern advocacy
Chapter Summaries
Part (A): What, in your opinion, are the most important qualities of the effective criminal advocate?: This section delves into the crucial qualities needed for successful criminal advocacy. It highlights the importance of a good speaking voice, command of language, confidence, persistence, practical judgment, and case experience, drawing upon the work of John H. Munkman. The discussion extends to the significance of the advocate's character, emphasizing trustworthiness and credibility as essential for persuasion. The author explores the tension between the classical rhetorical ideal of an ethical advocate and the modern perception of the advocate as potentially unprincipled, referencing John Grisham's "The Runaway Jury" to illustrate this contrast. The chapter argues that while good character is vital, it is not consistently present in modern advocacy, leading to concerns about increasing dishonesty within the system.
Part (B): How would you advise trial judges to evaluate these qualities in the advocates who appear before them?: This section focuses on how trial judges can assess the qualities of advocates appearing before them. It references Baroness Deech's support for a new Quality Assurance Scheme, advocating for “on-the-job” monitoring and assessment of advocates, similar to other professions like teaching. The chapter likely details a proposed evaluation framework, considering the importance of factors previously discussed (e.g., speaking skills, confidence, ethical conduct) within a practical judicial context. The new scheme aims to objectively measure and improve the quality of advocacy in real-life courtroom settings.
Part (C): How could non-legal professions contribute to improving the quality of advocacy for the stakeholders in the Criminal Justice System?: This section investigates how professions outside the legal field can contribute to improving advocacy quality. The exploration likely involves analyzing how various skills and perspectives (e.g., communication, psychology, performance arts) could enhance advocates' abilities to effectively represent their clients. The chapter might discuss practical applications and collaborative models for achieving this goal, likely touching on the adversarial interrogation process and its impact on the overall system's fairness and effectiveness.
Keywords
Criminal advocacy, advocate qualities, trial judges, quality assurance, ethical considerations, classical rhetoric, modern advocacy, non-legal professions, persuasive communication, trustworthiness, credibility, judicial process, adversarial interrogation.
Frequently Asked Questions: A Comprehensive Language Preview
What is the main topic of this text?
This text analyzes the qualities of effective criminal advocates, exploring how these qualities can be evaluated by trial judges and improved through contributions from non-legal professions. The ultimate aim is to enhance the quality of advocacy within the criminal justice system.
What are the key qualities of an effective criminal advocate, according to this text?
The text highlights several crucial qualities, including a good speaking voice, command of language, confidence, persistence, practical judgment, case experience, and crucially, good character and trustworthiness. The importance of credibility in persuasion is emphasized.
How does the text address the evaluation of advocate qualities by trial judges?
The text proposes a new Quality Assurance Scheme, advocating for "on-the-job" monitoring and assessment of advocates, similar to other professions. This scheme aims to objectively measure and improve advocacy quality in real-life courtroom settings by considering factors such as speaking skills, confidence, and ethical conduct.
What role do non-legal professions play in improving advocacy quality?
The text explores how skills and perspectives from various non-legal professions (communication, psychology, performance arts, etc.) could enhance advocates' abilities. It suggests collaborative models for integrating these skills to improve the effectiveness and fairness of the adversarial process.
How does the text discuss the ethical considerations of criminal advocacy?
The text examines the tension between the classical rhetorical ideal of an ethical advocate and the modern perception of advocates as potentially unprincipled. It addresses concerns about increasing dishonesty within the system and the vital importance of maintaining trustworthiness and credibility.
What are the key themes explored in this text?
Key themes include essential qualities of effective criminal advocates, methods for evaluating advocate qualities, the role of non-legal professions in enhancing advocacy, the impact of ethics and character, and the relationship between classical rhetoric and modern advocacy.
What is the structure of the text?
The text is divided into three parts: Part A examines the essential qualities of effective criminal advocates; Part B focuses on how trial judges can evaluate these qualities; and Part C explores how non-legal professions can contribute to improving advocacy.
What are some examples of keywords associated with this text?
Keywords include: Criminal advocacy, advocate qualities, trial judges, quality assurance, ethical considerations, classical rhetoric, modern advocacy, non-legal professions, persuasive communication, trustworthiness, credibility, judicial process, and adversarial interrogation.
What is the overall goal of this text?
The text aims to contribute to a discussion on improving the quality of advocacy within the criminal justice system by identifying key qualities, proposing evaluation methods, and exploring opportunities for collaboration with non-legal professions.
- Quote paper
- James M Corbett (Author), 2012, The Criminal Advocate. An Analysis of their Qualities and their Situation in the Criminal Justice System, Munich, GRIN Verlag, https://www.grin.com/document/501332
