Law article(s) to look for

Practice of Law as a Confidence Game: Organization Co-Optation of a Profession
(From Criminal Justice System: Politics and Policies,

Seventh Edition, P 229-244, 1998, George F. Cole and Marc G. Gertz, eds. -- See NCJ-185991) 

Author:          Abraham S. Blumberg                     Published:      1998     Page Count: 16

Sale Source:   Wadsworth Publishing Co, Ten Davis Drive  Belmont, CA 94002

Publisher:       http://www.wadsworth.com/criminaljustice_d/

Annotation:  

Recent decisions of the U.S. Supreme Court in the area of criminal law administration and defendant rights fail to take into account three crucial aspects of social structure that may tend to render more libertarian rules as nugatory--nature of the courts as a formal organization, relationship of the lawyer "regular" with the court organization, and character of the lawyer-client relationship in the criminal court. 

Abstract:       

Like many other modern large-scale organizations, courts have a tendency to co-opt entire professional groups as well as individuals. Almost all those who come within the ambit of organization authority find their definitions, perceptions, and values have been changed, largely in terms favorable to the particular organization and its goals. As a result, recent U.S. Supreme Court decisions may have a long-term effect that may be radically different from the effect intended or anticipated. More libertarian rules will tend to produce the rather ironic end result of augmenting existing organizational arrangements, enriching court organizations with more personnel and elaborate structures, and maximizing organizational goals of efficiency and production. Thus, many defendants will find that courts will possess an even more sophisticated apparatus for processing them toward a guilty plea, and the author concludes defense attorneys act as double agents to get defendants to plead guilty. 3 tables 

Main Term(s):        Court procedures                    

Index Term(s):       Defense counsel ; Rights of the accused ; Organization studies ; Court structure ; Attorney client relations ; Criminal law ; US Supreme Court decisions  

Note:              From Law and Society Review 1 (June 1967): 15-39. Reprinted by permission of the Law and Society Association.

To cite this abstract, use the following link:          https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=186001

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