RT Article
T1 Collateral Consequences, Disadvantage, and Criminal Defence Work
JF Canadian journal of criminology and criminal justice
VO 66
IS 3/4
SP 142
OP 161
A1 Quirouette, Marianne
A2 Abellan-Almenara, Meritxell
A2 Batista, Cecília
LA English
YR 2024
UL https://krimdok.uni-tuebingen.de/Record/1925342050
AB Professional rules of conduct require Canadian defence lawyers to inform their clients about potential collateral consequences of criminal convictions. Drawing from qualitative interviews with 74 criminal defence lawyers, we explore issues related to both client and lawyer disadvantage and the consideration of collateral consequences in criminal courts. More specifically, we document and analyze how the "duty to inform" is experienced and negotiated by duty counsel lawyers and private counsel taking on indigent defence. We engage with scholarship on the reproduction of social inequality via criminal justice, the unique organizational realities of criminal defence, and broader questions of access to justice. We show when and how lawyers and their clients face additional burdens, which shape how collateral consequences are (a) identified, (b) brought up in court, and (c) received by prosecutors/judges. Our work highlights that challenges posed by collateral consequences cannot be overcome via criminal defence efforts alone and that current practices further exacerbate inequalities within and beyond criminal courts.
K1 access to justice
K1 accès à la justice
K1 avocat.e.s de la défense
K1 Collateral consequences
K1 conséquences collatérales
K1 criminal courts
K1 defence lawyers
K1 Inequality
K1 inégalité
K1 Tribunal
DO 10.3138/cjccj-2024-0036