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Legal representation and a Bill of Rights

The right to legal representation has been acknowledged as a fundamental right of an accused in a criminal trial. 1 Traditionally, however, this, right has been viewed as a right to retain counsel, rather than a positive right to be provided with legal representation in the case of indigent accused....

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Main Author: Lawrenson, Natalie Carina
Other Authors: Steytler, N C
Format: Thesis
Language:English
Published: Institute of Criminology 2021
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access_status_str Open Access
author Lawrenson, Natalie Carina
author2 Steytler, N C
author_browse Lawrenson, Natalie Carina
Steytler, N C
author_facet Steytler, N C
Lawrenson, Natalie Carina
author_sort Lawrenson, Natalie Carina
collection Thesis
description The right to legal representation has been acknowledged as a fundamental right of an accused in a criminal trial. 1 Traditionally, however, this, right has been viewed as a right to retain counsel, rather than a positive right to be provided with legal representation in the case of indigent accused. The importance of legal assistance for accused persons being tried in an adversarial justice system has been recognised in the Anglo-American legal systems. In an adversarial system the duty of a presiding officer is to act as an independent and objective adjudicator of the facts and evidence presented to him or her by the two parties to the trial. The onus is on the litigants to advance their own case. It naturally follows that the strength of a party's case depends on the skill of the litigator.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2021
publishDateRange 2021
publishDateSort 2021
publisher Institute of Criminology
publisherStr Institute of Criminology
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/35356 Legal representation and a Bill of Rights Lawrenson, Natalie Carina Steytler, N C Leeman, I Human rights The right to legal representation has been acknowledged as a fundamental right of an accused in a criminal trial. 1 Traditionally, however, this, right has been viewed as a right to retain counsel, rather than a positive right to be provided with legal representation in the case of indigent accused. The importance of legal assistance for accused persons being tried in an adversarial justice system has been recognised in the Anglo-American legal systems. In an adversarial system the duty of a presiding officer is to act as an independent and objective adjudicator of the facts and evidence presented to him or her by the two parties to the trial. The onus is on the litigants to advance their own case. It naturally follows that the strength of a party's case depends on the skill of the litigator. 2021-11-23T12:23:54Z 2021-11-23T12:23:54Z 1993 2021-11-23T12:23:27Z Master Thesis Masters LLM http://hdl.handle.net/11427/35356 eng application/pdf Institute of Criminology Faculty of Law
spellingShingle Human rights
Lawrenson, Natalie Carina
Legal representation and a Bill of Rights
thesis_degree_str Master's
title Legal representation and a Bill of Rights
title_full Legal representation and a Bill of Rights
title_fullStr Legal representation and a Bill of Rights
title_full_unstemmed Legal representation and a Bill of Rights
title_short Legal representation and a Bill of Rights
title_sort legal representation and a bill of rights
topic Human rights
url http://hdl.handle.net/11427/35356
work_keys_str_mv AT lawrensonnataliecarina legalrepresentationandabillofrights