FINAL JOURNAL ENTRY
LAW IN SOCIETY
I have learnt that the law is multifaceted, unpredictable, and its technical nature can lead to outcomes that we, as society, may initially perceive as perverse. I refer to the main pillar of criminal defence is legal guilt versus factual guilt. That is to say, a person may have committed the crime, but will be found not guilty if the state cannot prove it beyond reasonable doubt. The balance hangs, then, in whether defence counsel can demonstrate failures or omissions on behalf of the state, in regards to improper or poor police work, illegal seizures of evidence, and any other failures of proper procedure.
JUSTICE ACCESS
A specific incident in court alerted me to several issues outlined including justice access, ethics, the importance of good communication, and issues regarding self-represented litigants.
One of the challenges to justice access …show more content…
As I mentioned in a previous entry, he was incredibly unhappy with the representation that he had received on other occasions. He stated that his lawyers did not listen to him, did not respect him, and did not address him when they walked into the same room. Good communication is crucial for justice access, as well as the sense of being adequately represented. Part of justice access, too, then, is about validation.
The extract from the article written by Chay, Allan and Smith discusses the ‘humanistic’ approach of the lawyer in their contact with a client. Respect and the humanistic approach, including being responsive to the client’s concerns and considering their wellbeing, are all integral to client satisfaction with their lawyer. People regularly base their perceptions of an entire profession based on what contact they have had with even just one professional, even if that contact is limited. This is understandable but can be misguided if that particular lawyer has failed to satisfy their client’s needs and
LAW IN SOCIETY
I have learnt that the law is multifaceted, unpredictable, and its technical nature can lead to outcomes that we, as society, may initially perceive as perverse. I refer to the main pillar of criminal defence is legal guilt versus factual guilt. That is to say, a person may have committed the crime, but will be found not guilty if the state cannot prove it beyond reasonable doubt. The balance hangs, then, in whether defence counsel can demonstrate failures or omissions on behalf of the state, in regards to improper or poor police work, illegal seizures of evidence, and any other failures of proper procedure.
JUSTICE ACCESS
A specific incident in court alerted me to several issues outlined including justice access, ethics, the importance of good communication, and issues regarding self-represented litigants.
One of the challenges to justice access …show more content…
As I mentioned in a previous entry, he was incredibly unhappy with the representation that he had received on other occasions. He stated that his lawyers did not listen to him, did not respect him, and did not address him when they walked into the same room. Good communication is crucial for justice access, as well as the sense of being adequately represented. Part of justice access, too, then, is about validation.
The extract from the article written by Chay, Allan and Smith discusses the ‘humanistic’ approach of the lawyer in their contact with a client. Respect and the humanistic approach, including being responsive to the client’s concerns and considering their wellbeing, are all integral to client satisfaction with their lawyer. People regularly base their perceptions of an entire profession based on what contact they have had with even just one professional, even if that contact is limited. This is understandable but can be misguided if that particular lawyer has failed to satisfy their client’s needs and