Difference between revisions of "Legal Defender Best Practices"
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*Requirement for suspects in serious cases be videotaped or electronically recorded when questioned | *Requirement for suspects in serious cases be videotaped or electronically recorded when questioned | ||
*Judiciary to consider international law obligations when rendering decisions | *Judiciary to consider international law obligations when rendering decisions | ||
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+ | |'''Right to assigned legal counsel''' | ||
+ | | | ||
+ | *Right to legal representation | ||
+ | *Legal aid provisions (Gideon v. Wainwright) | ||
+ | *ICCPR 3(d): Accused should have the minimum guarantee to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it | ||
+ | *Professional Responsibility laws to ensure that defence lawyers give ethical and competent services as well as act transparently | ||
+ | | | ||
+ | *Before agreeing to act as counsel or accepting appointment by a court, counsel has an obligation to make sure that counsel has available sufficient time, resources, knowledge and experience to offer quality representation to a defendant in a particular matter. If it later appears that counsel is unable to offer quality representation in the case, counsel should move to withdraw. | ||
+ | *Counsel to abide by ethical norms and act in accordance with rules of the court | ||
+ | *Counsel should develop and continually reassess a theory of the case | ||
+ | | | ||
+ | *Creation and encouragement of monitoring institutions including NGOs and civil society to ensure adherence to the right of access to legal counsel in practice | ||
+ | *State provides adequate funding for legal aid offices including sufficient material, technical support to effectively operate, retention of forensic and investigatory expertise | ||
+ | *Adequate training of legal defenders, either through institutional training or through continuing legal education | ||
+ | *Ensure that defense lawyers are able to serve their clients without inappropriate pressure or intimidation from governmental authorities | ||
+ | *Ensure that the personal security of lawyers are not compromised by searches, investigations, interrogations or prosecution due to their actions representing a client in a particular case | ||
+ | *Adequate number of lawyers trained nationally, and regionally | ||
+ | |- | ||
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Revision as of 17:33, 11 July 2012
Substantive Right | Laws to be in place | Lawyer's Practices | Structural Implementation |
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Right to Non Self-Incrimination |
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Security of the Person |
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Right to assigned legal counsel |
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