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NCJ Number: 157951 Find in a Library
Title: Defense Attorney and Police Interrogation: The British Experience and Reflections on the Present Situation in France
Journal: Revue de Science Criminelle et de Droit Penal Compare  Issue:2  Dated:(April-June 1995)  Pages:319-329
Author(s): J Hodgson; G Rich
Date Published: 1995
Page Count: 10
Sponsoring Agency: Centre Francais de Criminologie
Paris 75007,, France
Type: Survey (Cross-Cultural)
Format: Article
Language: French
Country: France
Annotation: The article compares the respective roles of defense attorneys during police interrogation in Great Britain and France and argues that French defense attorneys should be allowed to attend interrogations.
Abstract: Since 1984 British suspects have the right to legal assistance during the interrogation. This role is filled by "custody officers," senior police officers who assure that due process of law takes place. At the same time, publicly funded solicitors or private attorneys are available at the police station if suspects wish to consult with them. British court decisions indicate that the presence of solicitors benefits the suspects by protecting them at the time they are most vulnerable. In France, on the other hand, suspects have no right to legal council during the first 24 hours of interrogation. The police argue that such council is unnecessary since both the examining magistrate and public prosecutor control the interrogation. However, the article argues that these two independent agents do not preclude the presence of an attorney since neither of them is actually present during French interrogations. It is concluded that, despite differences in the two legal systems, both British and French suspects would benefit from the presence of a lawyer during interrogation.
Main Term(s): Foreign police
Index Term(s): Interrogation procedures; Interview and interrogation; Right to Due Process; Suspect interrogation
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