THE ROLE OF THE ATTORNEY WITHIN THE LEGAL DEBATE DURING A CRIMINAL TRIAL
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The attorney, during the criminal trial, endeavours to help his client in any way possible, by utilising a most complex legal arsenal so as to win the debate between the accusation and the defence. The criminal trial often involves very high stakes for the parties involved, which may incur some difficulties in maintaining a normal dialogue until its completion. Thus, the lawyer must step in to facilitate this dialogue, in helping the judge to determine the relevant issues which require a most thorough analysis, so as to ensure that the client receives a fair trial. In fulfilling this objective, he must concentrate his speech on only the key issues and present only relevant conclusions. Failure to do so may result in a dismissal of all his arguments, instead of merely the non pertinent ones. The risk is evident and proper measures need to be taken, in order to minimise it, so that ultimately the judge may grasp the situation accordingly. The aim of the article is to shed some light on the issue at hand, by establishing some good practices which may significantly aid in expressing the viewpoint of the accused to the court in the manner which best fits the needs of the client.
Authors and Affiliations
Sebastian Bogdan GAVRILĂ
Keywords
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