LAWYERS' ETHICS - SEMINAR FOUR: CRIMINAL JUSTICE

(5.00 - 7.00 pm Monday wk 3, HT 2001 Harris Seminar Room, Oriel College)



Reading:

*General Council of the Bar, Code of Conduct (7th edn, 2000), Part III and Section 3, "Written Standards for the Conduct of Professional Work" para. 6 ("Criminal Cases in the Crown Court") and paras. 10 -17 ("Standards Applicable to Criminal Cases")



* C Humphreys, "The Duties and Responsibilities of Prosecuting Counsel" [1955] Crim L R 739



** M Blake and A Ashworth, "Some Ethical Issues in Prosecuting and Defending Criminal Cases"

[1998] Crim L R 16



*A Ashworth, The Criminal Process (2nd ed., 1998) Ch 3.



*M H Freedman, Understanding Lawyers' Ethics (Matthew Bender, 1990), Chs 6, 8, and 11



**M H Freedman, "Professional Responsibility and the Criminal Defence Lawyer" (1966) 64 Mich L R 153 (being Ch. 6 of above)



**D Luban, "Are Criminal Defenders Different?" (1993) 91 Mich L R 1729



D Luban, "Criminal and Civil Paradigms" in Lawyers and Justice (Princeton, 1988) pp58-66



**W H Simon, The Practice of Justice (1998) Ch 7

OR

** W H Simon, "The Ethics of Criminal Defense" (1993) 91 Mich L R 1703



*K Crispin, "Prosecutorial Ethics" in Legal Ethics and Legal Practice, Parker and Sampford eds. (Claredon Press, 1995), Ch 8.



**R H S Tur, "Lawyers' Ethics and Criminal Justice" in E Attwool and D Goldberg (eds) Criminal Justice (ASRP Beinheft 63, 1995)



D Nicolson and J Webb, Professional Legal Ethics (Oxford, 1999) pp 194-197 and 224-230



Allan C Hutchinson, "Sex, lawyers and videotapes - A Canadian Blockbuster", New Law Journal, July 7 2000, pp 1008 - 1010



Editorial, "Smoking Guns: Beyond the Murray Case" (2000) 43 Criminal Law Quarterly 409-410





Cases:

Anderton v Ryan [1985] AC 560

**R v Pauga [1992] 3 NZLR 241; Porter v Court [1963] Crim L R 39

***R v Ward [1993] 2 All ER 577

R v Clinton [1993] 2 All ER 998

R v Dann [1997] Crim L R 46

AG's Ref (No 44 of 2000); R v Peverett, The Times Oct 25 2000







Essay/Discussion Topics:



Are defence lawyers different?



How persuasive a model for lawyers' ethics in general is the criminal defence paradigm?



What are the ethical constraints on prosecutors: (a) in deciding to prosecute; and (b) in conducting a

trial?



"Is it ever proper for a criminal defense lawyer to present evidence that she knows is perjurious? My

own answer is yes" (Monroe H Freedman). Discuss.



"The practice of plea-bargaining is extremely troubling on both moral and political grounds ... Plea-

bargaining is the modern version of torture" (D Luban). Discuss.