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NCJ Number: 50662 Add to Shopping cart Find in a Library
Title: HUMANIZING THE DEFENDANT (FROM INSTITUTE OF CONTEMPORARY CORRECTIONS AND THE BEHAVIORAL SCIENCES, 12TH ANNUAL INTERAGENCY WORKSHOP - PROCEEDINGS, 1977 - SEE NCJ-50660)
Author(s): R HAYNES
Corporate Author: Sam Houston State University
Criminal Justice Ctr
United States of America
Date Published: 1977
Page Count: 5
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sam Houston State University
Huntsville, TX 77340
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: THE RESPONSIBILITY OF THE CRIMINAL JUSTICE SYSTEM TO SEE AND RELATE TO WHAT IS OF VALUE IN DEFENDANTS AND CONVICTED OFFENDERS IS DISCUSSED, AND THE ROLE OF THE DEFENSE LAWYER IN THIS CONCERN IS INDICATED.
Abstract: IT IS ARGUED THAT THE PERSON CHARGED WITH A LAW VIOLATION SHOULD NOT BE DEHUMANIZED AS HE IS PROCESSED IN THE CRIMINAL JUSTICE SYSTEM. IN THIS REGARD, THE DEFENSE ATTORNEY'S ROLE IS SEEN TO BE THAT OF USING THE LAW TO REQUIRE THE SYSTEM TO ACT IN PROTECTION OF THE RIGHTS OF THE DEFENDANT; AND ALSO STIMULATING THE DECISIONMAKERS IN THE SYSTEM TO USE THEIR DISCRETION IN THE LIGHT OF THE WORTHWHILE QUALITIES OF THE DEFENDANT. PROTECTING THE RIGHTS OF THE DEFENDANT MEANS THE DEFENSE ATTORNEY INSURES THAT IN THE COURSE OF PROCESSING THE ACCUSED AND GATHERING EVIDENCE LAW ENFORCEMENT AUTHORITIES CONFORMED TO EVERY LAW GUARANTEEING PARTICULAR CITIZEN RIGHTS. STIMULATING COMPASSION TOWARD DEFENDANTS IN JURIES AND JUDGES IS SAID TO BE DONE PRINCIPALLY THROUGH PRESENTING THE DEFENDANT IN COURT IN SUCH A WAY THAT THE COURTROOM DECISIONMAKERS IDENTIFY HIM AS ONE OF THEIR OWN RATHER THAN AS ONE WHO IS NOT A PART OF THE SOCIETAL MAINSTREAM. THIS CAN BE DONE BY MANIPULATING THE DRESS, MANNERISMS, AND OTHER OBSERVABLE FEATURES OF THE DEFENDANT. THE PRESENCE OF THE DEFENDANT'S FAMILY IN THE COURTROOM IS CONSIDERED IMPORTANT AS A MEANS OF MAKING THE COURT PERCEIVE THAT SOMEONE CARES ABOUT WHAT HAPPENS TO THE DEFENDANT. SHOULD NO FAMILY BE AVAILABLE, IT IS RECOMMENDED THAT THE DEFENSE ATTORNEY HIRE PERSONS TO IMPERSONATE FAMILY MEMBERS. SHOULD A DEFENDANT BE CONVICTED, IT IS THE RESPONSIBILITY OF THE DEFENSE ATTORNEY TO PRESENT HIS CLIENT FROM THE STANDPOINT OF THOSE FEATURES IN HIS PERSONALITY AND BACKGROUND THAT WOULD ARGUE FOR THE LIKELIHOOD OF REHABILITATION. (RCB)
Index Term(s): Defendants; Defense counsel; Defense counsel effectiveness; Rights of the accused
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50662

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