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3.
Med J Aust ; 204(2): 82-3, 2016 Feb 01.
Article in English | MEDLINE | ID: mdl-26821112

ABSTRACT

Many Australian courts now prefer pre-hearing meetings of experts (conclaves) being convened to prepare joint reports to identify areas of agreement and disagreement, followed by concurrent expert evidence at trial. This contrasts to the traditional approach where experts did not meet before trial and did not give evidence together. Most judges, lawyers and expert witnesses favour this as a positive development in Australian legal practice, at least for civil disputes. This new approach affects medical practitioners who are called on to give expert evidence, or who are parties to disputes before the courts. Arguably, it is too soon to tell whether the relative lack of transparency at the conclave stage will give rise to difficulties in the coronial, disciplinary and criminal arenas.


Subject(s)
Dissent and Disputes/legislation & jurisprudence , Expert Testimony/legislation & jurisprudence , Lawyers/legislation & jurisprudence , Legal Services/legislation & jurisprudence , Australia , Expert Testimony/ethics , Humans , Legal Services/ethics
4.
Int J Offender Ther Comp Criminol ; 58(10): 1230-52, 2014 Oct.
Article in English | MEDLINE | ID: mdl-23821641

ABSTRACT

Scholars in the field of Chinese criminal procedure law study have long decried the meager legal protection afforded to criminal defendants on trial and the hapless status of Chinese criminal defense attorneys in the courtroom. Unfortunately, very little empirical evidence was available to shed light on how criminal defense was carried out in Chinese courtrooms. Based on observations of 325 actual criminal trials from 55 District People's Courts in J province, this study provides an opportunity to understand the mundane work performed by Chinese criminal defense attorneys. In particular, this study describes how criminal defense attorneys prepare and present their cases (as measured in terms of bail request, overall trial preparation, examination of defendants and witnesses, presentation of evidence, and overall defense strategy), and analyzes the outcomes of their performance. In addition, this study examines the discernible impact of criminal defense work due to types of legal representation utilized (legal aid vs. privately retained attorneys), numbers of attorneys representing the client, and the gender composition of the attorneys.


Subject(s)
Criminal Law/legislation & jurisprudence , Cross-Cultural Comparison , Legal Services/legislation & jurisprudence , Social Justice/legislation & jurisprudence , China , Female , Humans , Jurisprudence , Lawyers , Male
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