RIGHT TO COUNSEL - A COMPARATIVE ANALYSIS OF THE UNITED STATES AND GREAT BRITAIN

• NCJ Number: 27828
• Journal: NOTRE DAME LAWYER Volume: 50 Issue: 1 Dated: (OCTOBER 1974) Pages: 117-135
• Author(s): P R Mattingly
• Date Published: 1974
• Length: 19 pages
• Corporate Author: University of Notre Dame
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COMPARISON OF THE RIGHT TO COUNSEL IN THE BRITISH AND AMERICAN LEGAL SYSTEMS TO DETERMINE HOW MUCH REAL PROTECTION IS PROVIDED BY THE RIGHT AS ESTABLISHED IN THE UNITED STATES.

Abstract

A BRIEF OUTLINE OF THE BRITISH COURT SYSTEM IS INCLUDED AS WELL AS A DISCUSSION OF THE NATURE OF THE RIGHT IN THE TWO SYSTEMS. JUDICIAL DECISIONS ESTABLISHING THE RIGHT TO COUNSEL AT DIFFERENT TYPES OF PROCEEDINGS ARE EXAMINED. THE AUTHOR CONCLUDES THAT THE PERFECT SYSTEM WOULD INCORPORATE THE ABSOLUTE NATURE OF THE RIGHT ESTABLISHED IN THE AMERICAN SYSTEM AND THE DISCRETIONARY POWER OF THE JUDGE IN THE BRITISH SYSTEM.