The new quality assurance scheme for advocates shows that there is a growing concern about the quality of criminal advocates in England and Wales. Still, lawyers must be able to act in their clients’ best interests and act out in court with full emotion so they can convey their stories much more effectively and be more convincing.
But what are a criminal advocate’s most important qualities? How can these qualities be evaluated? And how could non-legal professions contribute to improving the quality of advocacy for the stakeholders in the criminal justice system? James M. Corbett provides general knowledge of the judicial process and the fundamental qualities an advocate must possess in order to practice law in the Criminal Justice System.
His book is educational and of assistance to anyone studying or practicing Criminal Law. It aims to be beneficial and reassuring to victims of Crime and anyone who may have to attend court for any reason. On the basis of the new quality assurance scheme, Corbett describes how the qualities of advocates can be evaluated and improved.
Table of Contents
Part (A): What, in your opinion, are the most important qualities of the effective criminal advocate?
Qualities
The Advocates good character
Acting and Performance
Emotion and understanding
Part (B): How would you advise trial judges to evaluate these qualities in the advocates who appear before them?
The new Quality Assurance Scheme
Part (C): How could non-legal professions contribute to improving the quality of advocacy for the stakeholders in the Criminal Justice System?
The Adversarial Interrogation
Research Objectives and Themes
This work critically examines the essential professional and personal qualities required of effective criminal advocates and evaluates the mechanisms currently proposed for their assessment. It explores whether the traditional adversarial system hinders the development of these qualities and investigates how interdisciplinary approaches—specifically from psychology and psychotherapy—could enhance legal practice and better serve the needs of stakeholders within the Criminal Justice System.
- The essential personal and professional attributes of effective trial advocates.
- The role of ethics, character, and performative skills in courtroom advocacy.
- Critique of judicial assessment methods and the Quality Assurance Scheme for Advocates (QASA).
- Potential of integrating psychodramatic techniques into legal training to improve witness examination and storytelling.
Excerpt from the Book
The Advocates good character
One may also expect to see that the advocate has good character in that he is trustworthy. Montgomery seems to be of the view that specialists in the communication field are beginning to recognise that the character of an advocate cannot be ignored. He refers to Rieke and Sillars who cite: “persons who are perceived by receivers to be trustworthy have high credibility. In the literature since classical times, other words have been used that may help to define the meaning of trustworthiness: probity, character, evaluative, reliability and safety. Again, common sense would tell us that we tend to accept ideas more readily from persons whom we regard as being trustworthy”. So it would appear that good character is an essential element and is rooted in classical argument. This assertion is plausible as the trustworthier the advocate is, the more successful he is likely to be in persuading the audience. Indeed, this portrays the honesty of the advocate.
Montgomery further refers to the view of Chief Justice Cockburn who says, “The arms which an advocate wields he ought to use as warrior, not as an assassin. He ought to uphold the interests of his client per fas and not per nefas. He ought to know how to reconcile the interests of his clients with the eternal interests of truth and justice”. So the good character of the advocate is an important one as this helps to demonstrate honesty, trustworthiness and leads to a greater chance of being successful in persuasion. Montgomery’s view therefore holds weight.
Summary of Chapters
Part (A): What, in your opinion, are the most important qualities of the effective criminal advocate?: This section identifies core attributes like confidence and persistence, while analyzing the tension between classical ethics and modern courtroom performance.
Qualities: An analysis of the fundamental traits required for successful judicial practice, emphasizing the importance of confidence, experience, and effective presentation.
The Advocates good character: Examines the necessity of trustworthiness and ethical integrity as pillars of successful persuasion, noting a historical drift away from these values in modern practice.
Acting and Performance: Discusses the role of courtroom performance, arguing that acting techniques are legitimate tools provided they remain rooted in the advocate's genuine emotional engagement.
Emotion and understanding: Highlights the need for advocates to move beyond cold legal analysis, suggesting that kindness and understanding are vital when dealing with witnesses and clients.
Part (B): How would you advise trial judges to evaluate these qualities in the advocates who appear before them?: Explores the practical challenges judges face in monitoring advocacy and the inherent difficulties in detecting professional failings during a trial.
The new Quality Assurance Scheme: Critically evaluates the impact of judicial assessment schemes, raising concerns about potential bias, increased litigation, and the detrimental effect on the advocate-client relationship.
Part (C): How could non-legal professions contribute to improving the quality of advocacy for the stakeholders in the Criminal Justice System?: Proposes that legal education should be augmented by insights from non-legal disciplines to foster better communication and human understanding.
The Adversarial Interrogation: Investigates the potential of psychodrama to replace aggressive, destructive cross-examination with methods that reveal truth while respecting the witness as a human being.
Keywords
Criminal Advocacy, Judicial Process, Legal Ethics, Courtroom Performance, Quality Assurance Scheme, QASA, Adversarial System, Psychodrama, Witness Examination, Legal Training, Professional Integrity, Trial Advocacy, Storytelling, Emotional Intelligence, Justice System Reform.
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on the professional and personal qualities of criminal advocates and how these influence their performance within the adversarial framework of the Criminal Justice System.
What are the central thematic areas?
The themes include the ethics of advocacy, the role of acting in court, the validity of judicial quality assessment, and the potential integration of psychodrama into legal training.
What is the author's primary research objective?
The objective is to argue that the current adversarial model often sacrifices truth for destruction and that reforming advocate training through non-legal disciplines could lead to more effective and human-centered legal representation.
Which scientific or methodological approaches are used?
The author employs a qualitative analysis of legal literature, judicial commentary, and pedagogical theories, specifically incorporating insights from psychology and the practice of psychodrama.
What does the main body address?
It addresses the traits of an effective advocate, the implications of new government-mandated quality assessment schemes, and the practical application of emotional intelligence and psychological techniques in trial settings.
Which keywords best characterize the research?
Key terms include Criminal Advocacy, Legal Ethics, Psychodrama, Judicial Process, and Quality Assurance.
Why does the author criticize the current Quality Assurance Scheme (QASA)?
The author argues that judicial assessment of advocates is "implausible," may lead to bias, risks damaging client trust, and fails to address the underlying need for improved legal education.
How could psychodrama improve cross-examination?
By using psychodramatic techniques, advocates can move away from viewing the witness as an "enemy to be destroyed" and instead approach the interaction in a way that reveals truth while reducing re-traumatization.
- Quote paper
- James M Corbett (Author), 2012, The Criminal Advocate. An Analysis of their Qualities and their Situation in the Criminal Justice System, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/501332
