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Original Article

Enhancing the Role of the Defense Lawyer in Providing Legal Assistance to Citizens

On the Social Status of the Defense Lawyer: His Prestige and Popularity

Pages 3-17 | Published online: 19 Dec 2014
 

Abstract

A. M. Larin (Institute of State and Law, USSR Academy of Sciences). For a successful defense in criminal cases, not only the procedural powers granted the lawyer by law but also the moral climate in which he works are of major importance. Moreover, negative factors of an ethical nature can reduce the effectiveness of those powers to nothing. Disregard of and rudeness toward the defense lawyer undermine the educative impact of a trial. When a judge makes it known through his unwarranted rejection of the defender's petitions, through his replies, his tone, and his facial expressions that he is, at the very least, indifferent to the arguments of the defense, the public sitting in the courtroom naturally gets the impression that the outcome of the case has been decided beforehand, somewhere outside the courtroom. Court hearings of this type are hardly designed to convince anyone of the objectivity of the court. Lawyers have often noted the high level of refinement of legal procedures in military courts, which are usually made up of better prepared and more experienced jurists, and comment on the contrast in this respect between military courts and many civil courts. This suggests both that an ethical problem exists with regard to the relationship between the court and lawyers and that this problem is, in principle, soluble.

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