NCJ Number
59972
Journal
Deviance et societe Volume: 2 Issue: 2 Dated: (JUNE 1978) Pages: 185-191
Date Published
1978
Length
7 pages
Annotation
DEFENSE TECHNIQUES USED FOR TERRORIST TRIALS IN WESTERN EUROPE ARE DISCUSSED.
Abstract
THE MOST STRIKING CHARACTERISTIC OF SUCH TRIALS IS THE CLOSE RELATIONSHIP BETWEEN LAWYERS AND CLIENTS. BUT THE IMPORTANCE OF THE DEFENSE ATTORNEY'S ROLE OF AN OBSERVER, NOT AN ACTIVE MILITANT STRUGGLING FOR HIS CLIENTS'S CAUSE, IS EMPHASIZED. WHEN THE LAWYER BECOMES AN ACCOMPLICE, HE MUST DEFEND HIS OWN MISSION AS A LAWYER, AS DID THE RED ARMY FACTION LAWYER KLAUS CROISSANT, RATHER THAN THE RIGHTS OF THE CLIENT. TO REMAIN OPTIMALLY EFFECTIVE, DEFENSE LAWYERS MUST CONFINE THEIR ACTIVITIES TO ACCEPTABLE COURT DEFENSE MEASURES, EVEN IF THEY BELIEVE IN THE SAME REVOLUTIONARY IDEAS AS THEIR CLIENTS. LAWYERS IN GENERAL FACE THE PROBLEM THAT THEY ARE RESENTED BY THE PUBLIC BOTH BECAUSE OF THEIR HIGH FEES AND BECAUSE OF PEOPLE'S LACK OF FAITH IN THE JUSTICE SYSTEM. IN THIS SITUATION, THE LAWYER CAN ONLY PRACTICE HIS PROFESSION AS A LEGAL TECHNICIAN AND AN ACTIVE OBSERVER IN THE JUDICIAL PROCESS. THE CLIENT MAKES A TACTICAL MISTAKE IN ENGAGING A MILITANT LAWYER BECAUSE THE LATTER IS UNABLE TO PLAY HIS ROLE AS COUNSEL FOR A JUDICIAL PROCEDURE: ASSIMILATION OF ACCUSED AND DEFENSE COUNSEL DESTROYS NOT ONLY THE POSITION OF THE DEFENSE LAWYER IN A JUDICIAL COMBAT BUT THE RIGHTS OF MAN WHICH ARE TO BE PRESERVED BY THE SYSTEM. THE RIGHT OF FRENCH LAWYERS TO REFUSE BODY SEARCHES IS SUPPORTED, AS THE SEARCH INTERFERES WITH LAWYERS' ATTEMPTS TO FULFILL THEIR RIGHTFUL MISSION. --IN FRENCH. (KMD)