NCJ Number
81458
Journal
Arizona Law Review Volume: 23 Issue: 3 Dated: (1981) Pages: 991-1002
Date Published
1981
Length
12 pages
Annotation
Elements of the English system of criminal trial advocacy are contrasted with the American system in making a proposal for a model barrister experiment in the United States.
Abstract
In England, the practice of law is divided between solicitors and barristers. When a solicitor's client goes to trial, the solicitor investigates the facts of the case and researches the law. Then the solicitor selects the barrister who will try the case. The relevant facts and law of the case are contained in a brief which the solicitor presents to the barrister. The barrister is independent of the solicitor's office and is not prevented from taking a brief to defend a client while he may also be taking another brief from the police solicitor to seek the conviction of an accused. The complete independence of barristers from the daily operation of a prosecutor's office, their noninvolvement in the decision to prosecute, and their not having responsibility for the initial or continuing investigation of the crime are in sharp contrast to the American prosecutor, who is often involved from the investigation stage through the trial. The use of the English barrister system in criminal trials has certain advantages over the American system. Because the advocates used are trial specialists, only the most qualified advocates represent each side in a criminal case. The American system, on the other hand, tends to rely entirely on inexperienced lawyers fresh from law school to prosecute criminal cases. Under the proposed model program, the prosecutor's office would be responsible for advising the police and investigators, for determining which cases should be prosecuted, and for trying minor matters and making routine preliminary appearances. The county attorney would select attorneys to try the cases from among representatives of the local bar. The public defender's office will function in the same manner, with the permanent staff making the initial appearances and a criminal trial specialist defending each case at trial. Forty-one footnotes are provided.