Other Publications

Access to Legal Representation

ORCID (Links to author’s additional scholarship at ORCID.org)

Andrew L. B. Davies: https://orcid.org/0000-0002-9758-9303

Abstract

Access to legal representation refers to the ability of a defendant in a criminal case to talk privately with a lawyer. Such access can be very important for defendants because confronting a criminal charge in court is complicated. Rules of criminal procedure and the criminal codes that stipulate punishments and sentences are generally mysterious to laypeople. Criminal defence attorneys are professionals trained to understand legal systems and to provide confidential advice to people facing prosecution. As such, access to legal representation can be critical to assuring defendants receive justice. Access to legal representation is important even before a trial formally begins (see Worden et al, 2017). Lawyers have a role in the prevention of mistreatment of their clients by the justice system through unjust detention or torture before a defendant’s case is heard in court. An arrested person who is unable to access legal representation immediately may face significant pressure to plead guilty or make other important decisions under duress and without full appreciation of their consequences. Where access to legal representation is obtained only after interrogation by law enforcement agents, it may avail a defendant of precious few additional options (see both Davies and Clark, 2019 and Pruitt and Colgan, 2010).

Publication Title

The Encyclopedia of Rural Crime

Document Type

Book Chapter

Keywords

access to legal representation, right to counsel, criminal procedure, defendant rights, pretrial detention, interrogation, criminal defense, due process

DOI

https://doi.org/10.51952/9781529222036.ch067

This document is currently not available here.

Share

COinS