NCJ Number
59973
Journal
Deviance et societe Volume: 2 Issue: 2 Dated: (JUNE 1978) Pages: 193-198
Date Published
1978
Length
6 pages
Annotation
THE DIFFICULTIES ARISING FOR THE DEFENSE COUNSEL AS A RESULT OF NUMEROUS WESTERN EUROPEAN TERRORIST TRIALS ARE DISCUSSED.
Abstract
DESPITE THE DEFINITION OF THE DEFENSE LAWYER AS AN IMPORTANT PART OF THE LEGAL ORDER, DEFENSE LAWYERS FOR TERRORISTS HAVE BEEN MORE AND MORE LIMITED IN THE DEFENSE STRATEGIES WHICH THEY MAY EMPLOY. AT THE END OF THE SIXTIES THE DIFFERENCE BETWEEN ORDINARY AND POLITICAL CRIMES BECAME UNCLEAR. TWO STYLES OF DEFENSE HAVE EVOLVED, THE TRADITIONAL AND THE ALTERNATIVE: EITHER THE LAWYERS BELIEVE THAT LAW REPRESENTS THEIR VALUES AND ACCEPT DEFENSE ASSIGNMENTS ON PRINCIPLE, OR THEY VIEW THE VALUES OF LAW AS AN IDEOLOGY WHICH MASKS REALITY OR AS A WEAPON IN THE STRUGGLE OF THE DISADVANTAGED. THE TRADITIONAL LAWYER FEELS THAT THERE IS NO PLACE FOR POLITICS IN THE COURTROOM OR THE LAW AND ACCEPTS THE ISOLATING EFFECT OF THE PENAL APPARATUS. BUT ACCORDING TO THIS WAY OF THOUGHT, THE SIGNIFICANCE OF A PARTICULAR ACT IS NOT WEIGHED IN SENTENCING, AND THE DEFENSE FOCUSES ONLY ON THE IMMEDIATE LEGAL POSITION OF THE CLIENT, NOT ON HIS MORAL INTEGRITY. THE ALTERNATIVE APPROACH ALLIES THE ATTORNEY'S VIEWS WITH THOSE OF THE POLITICALLY EMANCIPATED CLIENT, WHO COULD NOT OTHERWISE FIND A FORUM IN COURT. THE GOAL OF THIS DEFENSE IS TO TEST THE JUDICIAL CATEGORIES OF LAW AND TO PROVE THAT A PARTICULAR POINT OF VIEW REPRESENTS A SOCIAL MOVEMENT; THE LAWYER-CLIENT RELATIONSHIP IS VERY CLOSE AND THE RISK IN THE IMMEDIATE LEGAL SITUATION IS GREAT. THE POLITICAL DEFENSE IS NOT POPULAR BECAUSE IT DOES NOT FIT INTO A LEGAL ORDER WHICH MEASURES THE SIGNIFICANCE OF AN ACT BY THE INDIVIDUAL PERSONALITY. THE MEDIA LEND SUPPORT TO THE ESTABLISHED POSITION BY SEPARATING POLITICAL CRIMINALS FROM ORDINARY CITIZENS WHO SHARE THE SAME VIEWS BUT SUBSCRIBE TO LEGAL METHODS, AND BY STRESSING THE NEED FOR SECURITY, SO THAT THE DEFENSE ATTORNEY MIGHT BE 'PUT ON TRIAL' WITH HIS CLIENTS. IT IS EMPHASIZED THAT WHILE NO DEFENSE SHOULD ESCALATE TO VIOLENCE, AN OBJECTIVE STYLE OF DEFENSE CAN VIOLATE THE CONSTITUTIONAL RIGHT TO DEFENSE BY UNFAIRLY RESTRICTING ACCEPTABLE DEFENSE STRATEGIES. --IN FRENCH. (KMD)