The “quiet revolution” in criminal defence: how the zealous advocate slipped into the shadow

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing culture in the law and procedure governing criminal justice in this jurisdiction. This article argues that the criminal defence role has been pulled away from its traditional adversarial roots through a process of subtle and gradual change, pursued by the Government and the Judiciary. The article outlines a normative framework, entitled the ‘zealous advocate’ model, describing the ‘traditional’ role of the criminal defence lawyer; discusses ethical conflict and its growing significance; and examines how legislation, case law and funding have gradually moved the defence lawyer away from a ‘client-first’ style of representation. It concludes by considering the potentially significant implications of such a change in the role for both fair trial rights and adversarialism in England and Wales.     

Risky business: A risk-based methodology to measure organized crime

This paper describes the result of two studies on the development of a methodology to measure organized crime. The purpose of these studies, tasked by the Belgian Federal Police and Minister for Justice, was to provide a concrete and knowledge-based framework for the drafting of annual reports on organized crime that can give better answers to questions like ‘Is there much organized crime? Is the situation serious? Is it bad that there are more criminal groups now than in the past? Which criminal groups are the most dangerous?’. Two features provide a common thread that binds the methodology: the operating principle of the spectrum of enterprise and the application of a risk-based methodological process to the overall framework. The starting hypothesis is that organized crime is entrepreneurial in nature and that the dynamics of the market space provide the main environment and explanation for organized crime. The application of a risk-based methodology is founded on the recognition that the analysis of organized crime will always depend on imperfect information and resource limitations. Furthermore, the utility of a risk-based approach is seen in the provision of findings that are transparently arrived at with a clearly established framework for prioritization of decision-makers. The proposed methodology consists of three parts: environmental scanning, analysis of organizations and counter strategies and licit and illicit sector analysis.     

The Family Court–Based Stepping Stones Model of Triage: Some Concerns About Safety,Process, and Objectives*

This article critically evaluates the recommendation that family court–based mandatory mediation incorporated in a tiered service delivery model be replaced by a mandatory screening process incorporated in a stepping stones triage model in which couples are matched with an appropriate conflict resolution proceeding. My conclusion is that implementation of this recommendation should be made contingent upon the willingness of its advocates to address concerns with the safety, process, and objectives as described herein.

Key Points for the Family Court Community:
• Domestic violence screening should be incorporated in the larger triadic process of screening–risk assessment–risk management.
• A Safety First Rule should be followed in screening couples into or out of conflict resolution proceedings.
• Screening decisions must be grounded in an empirically validated method of matching couples with appropriate conflict resolution proceedings.
• Causal mechanisms must be included as items in any risk assessment instrument used in family courts.