Criminal Defence and Procedure

Vol 9 No 1 (2019)

“…3. A recent comparative book presents a dynamic ('law-in-action') ethnography of criminal defense in three states (Scheffer, Hannken-Illjes & Kozin 2010). Research on the assertion of state and class power in law and the criminal court cases dates back to the 1980s (McBarnet, 1981) despite repeated calls for such studies (Abel 1980;Banakar & Travers, 2005;Banakar, 2009).…”

“…The sociology of professions and sociology of law have generated only modest knowledge about lawyers and their civic or political engagements, not to mention anti-state discourses or stands (but see Shapiro, 2002). In the sociology of law (Banakar & Travers, 2005;Banakar, 2009), the scant British, Scandinavian and US research on lawyers has paid much empirical attention to the least prestigious and worst paid end of the profession-criminal lawyers-and their relationship to their clients (for exceptions, see Dezalay & Garth, 2010;Lange, 2005;Pierce, 1995Pierce, , 2012Paterson & Teubner, 2005;Scheffer, Hannken-Illjes & Kozin, 2010;Shapiro, 2002) (see endnote 3).…”

Combining the Legal and the Social in Sociology of Law

“…During this 'initial immersion' in the field (Blanck 1987: 343), we were mainly seeking their cooperation. 'Access', however, turned out to be a much more complex issue than we envisioned (Scheffer et al 2010). Our visits soon revealed that not only would we need to convince the judges, but we would also have to play along with the unforeseen yet quite seminal authority of court clerks if we wanted to have access to files.…”

Ghostwriters of crime narratives: Constructing the story by referring to intercept interpreters’ contributions in criminal case files

“…Beyond that, however, it is also significant that some criminal proceedings essentially take place in writing. In fact, if no jury is used for criminal trials, trials in common-law jurisdictions largely depend on previously established paperwork, that is, the documentation made and included by police officials, prosecutors, and lawyers in the case file (Scheffer, 2006(Scheffer, , 2007(Scheffer, , 2010Scheffer et al, 2010;Suresh, 2019). This paperwork approach is even more important in non-adversarial, inquisitorial civil law systems: the prosecutor-with the help of the police-is held to conduct an extensive pre-trial investigation to seek both incriminating and exculpatory evidence.…”