Perspectives and practices of criminal defense lawyers

被引:0
|
作者
Spallanzani-Sarrasin, Nicolas [1 ]
Quirouette, Marianne [1 ]
机构
[1] Univ Montreal, Ecole Criminol, CP 6128,Succ Ctr Ville, Montreal, PQ H3C 3J7, Canada
关键词
Homelessness; criminal courts; defence lawyers; access to justice; JUSTICE; HOMELESSNESS; MONTREAL; BAIL;
D O I
10.7202/1112605ar
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
center dot It is widely recognized that people experiencing homelessness (PEH) are profiled and (over)criminalized, in addition to the numerous other obstacles they encounter when finding themselves in court. Many PEH struggle to access justice, secure legal representation, or negotiate bail conditions and therapeutic obligations. In this context, defense lawyers play an important role by helping clients in these negotiations, while also advocating for their rights and assisting their engagement with extrajudicial procedures, such as referrals to and collaboration with psychosocial services. Our article focuses on these issues by drawing on semi-directed interviews conducted with criminal defense lawyers (n = 65) practicing in Quebec to identify and understand their point of view regarding : (1) their willingness to represent PEH, (2) obstacles to accessing justice, (3) issues related to the formal and informal recognition of these obstacles and the social profiling experienced by their clients, and (4) employed defense strategies, along with the reactions of the court and other actors. Our article highlights strategies deployed by lawyers (shopping, collaboration, resistance) in their representation of PEH, underscoring the important challenges stemming from court culture, criminal justice system overload and a lack of resources.
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页数:27
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