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The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System (2021)
Book
Johnston, E. (2021). The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System. Lexington Books

The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused... Read More about The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System.

The pre-trial process of England and Wales (2020)
Book Chapter
Johnston, E., & Jasinski, D. (2020). The pre-trial process of England and Wales. In E. Johnston, R. Erbaş, & D. Jasınskı (Eds.), A comparative analysis of pre-trial procedure in Europe: The search for an ideal model: England and Wales. Istanbul University Press. https://doi.org/10.26650/B/SS26.2020.014

This chapter analyses the core functions of the adversarial pre-trial process of England and Wales. The chapter takes a chronological approach to the how the operation of the process. Here we examine the role of the custody officer, the regulation of... Read More about The pre-trial process of England and Wales.

Marketisation and competition in criminal legal aid: implications for access to justice (2020)
Book Chapter
Smith, T., & Johnston, E. (2020). Marketisation and competition in criminal legal aid: implications for access to justice. In K. Albertson, M. Corcoran, & . J. Phillips (Eds.), Marketisation and Privatisation in Criminal Justice. Bristol: Policy Press

Legal aid, particularly in criminal justice, is a divisive subject. For its most devoted proponents, state funding of legal representation and advice for those accused of crime is a vital public good which helps to uphold values of fairness, justice... Read More about Marketisation and competition in criminal legal aid: implications for access to justice.

The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules (2019)
Journal Article
Johnston, E. (2020). The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules. International Journal of Evidence and Proof, 24(1), 35-58. https://doi.org/10.1177/1365712719867972

© The Author(s) 2019. This article contends that piecemeal changes to the adversarial process since the dawn of the new millennium have transformed the CJS. The advent of (near) compulsory disclosure means the defendant has to reveal many elements of... Read More about The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules.

Defendant participation in the criminal process book review (2018)
Journal Article
Johnston, E. (2018). Defendant participation in the criminal process book review. Criminal Law Review -London-, 2018(5), 418-421

Abenaa Owusu-Bempah’s book, Defendant Participation in the Criminal Process, argues that the growing obligation for the defendant to participate in the criminal process lacks justification. The first half of the book creates a normative theory that t... Read More about Defendant participation in the criminal process book review.

The defence lawyer in the modern era (2018)
Thesis
Johnston, E. The defence lawyer in the modern era. (Thesis). University of the West of England. Retrieved from https://uwe-repository.worktribe.com/output/1491277

In the adversarial legal system the criminal defence lawyer is a fundamental cornerstone. Traditionally, defence lawyers had to consider three competing duties when carrying out their work; the duty to the client, the duty to the court and finally th... Read More about The defence lawyer in the modern era.

Howzat?!: In limbo: Ben Stokes and the use of released under investigation (2017)
Journal Article
Johnston, E. (2017). Howzat?!: In limbo: Ben Stokes and the use of released under investigation. Criminal Law and Justice Weekly, 181, 828-829

This article examines the decrease in the use of police bail and the increase in Released Under Investigation. The article highlights a number of differing issues with the use of RUI and examines the Ben Stokes case a prime example; he is effectively... Read More about Howzat?!: In limbo: Ben Stokes and the use of released under investigation.

The digital revolution: Body worn cameras and ‘street’ interviews (2017)
Journal Article
Johnston, E., & Smith, T. (2017). The digital revolution: Body worn cameras and ‘street’ interviews. Criminal Law and Justice Weekly, 181, 769-771

This article examines the idea that the police can interview suspects away from the police station. The article focuses on the due process concerns of such activity.

(The lack of) disclosure and the constant drive for efficiency (2017)
Journal Article
Johnston, E. (2017). (The lack of) disclosure and the constant drive for efficiency. Criminal Law and Justice Weekly, 181, 524-526

With the recent HMIC report on the disclosure of unused material and the Mouncher Report (both published July 2017) calling for both: 1. Better training of disclosure officers and 2. Better communication between the police and CPS; this paper calls... Read More about (The lack of) disclosure and the constant drive for efficiency.

The early guilty plea scheme and the rising wave of managerialism (2017)
Journal Article
Johnston, E., & Smith, T. (2017). The early guilty plea scheme and the rising wave of managerialism. Criminal Law and Justice Weekly, 181(13), 210-212

This article examines the ramifications of the early guilty plea scheme. The article highlights a number of issues for both adversarialism and ever increasing desire for a more efficient criminal justice process.