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Marketisation and competition in criminal legal aid: implications for access to justice (2020)
Book Chapter
Smith, T., & Johnston, E. (in press). 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, justi... 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....ribe.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.

The prison system is in crisis: Let's not look to Hollywood for the answer (2017)
Journal Article
Johnston, E. (2017). The prison system is in crisis: Let's not look to Hollywood for the answer. Criminal Law and Justice Weekly, 181(9), 144-145

Recently, the Justice Secretary, Liz Truss, suggested the prison system in England and Wales should mirror the Shawshank Redemption. Truss intimates that the system should be a place of hope and reform. This article points out the option to focus on... Read More about The prison system is in crisis: Let's not look to Hollywood for the answer.

The early guilty plea: The need for adequate disclosure (2016)
Journal Article
Johnston, E. (2016). The early guilty plea: The need for adequate disclosure. Criminal Law and Justice Weekly,

This paper examines the implementation of the early guilty plea scheme. Furthermore, the paper highlights the potential ramifications the scheme holds for both defendants and adversarial criminal justice in England and Wales.

Brain scanning and lie detectors: The implications for fundamental defence rights (2016)
Journal Article
Johnston, E. (2016). Brain scanning and lie detectors: The implications for fundamental defence rights

This paper will explore how the use of neuroscientific technology to identify deception may impact on the human rights of the accused. The particular focus of the paper centres on accused persons in England and Wales. However, in order to understand... Read More about Brain scanning and lie detectors: The implications for fundamental defence rights.

All rise for the interventionist: The judiciary in the 21st century (2016)
Journal Article
Johnston, E. (2016). All rise for the interventionist: The judiciary in the 21st century. Journal of Criminal Law, 80(3), 201-213. https://doi.org/10.1177/0022018316647870

This paper will examine the changing role played by the judiciary in criminal trials. The paper examines the genesis of the adversarial criminal trial that was born out of lifting the prohibition on defence counsel in trials of treason. The paper wil... Read More about All rise for the interventionist: The judiciary in the 21st century.

Your Criminal Law (2015)
Digital Artefact
Johnston, E., & Jasinski, D. (2015). Your Criminal Law

This is an iOS app and it is designed to be a study companion to first year undergraduates reading law. This is a comprehensive app that easily explains the core tenets of criminal law in an easy accessible manner. The app has extensive case analysis... Read More about Your Criminal Law.

The innocent cannot afford to plead guilty: The impact of the criminal court charge (2015)
Journal Article
Johnston, E. (2015). The innocent cannot afford to plead guilty: The impact of the criminal court charge. Criminal Law and Justice Weekly, 179, 670-671

The article examines the impact of the controversial criminal court charge. The article suggests there are wide ranging consequences of the charge which exacerbate the already over crowded prison system. Furthermore, the charge is in direct conflict... Read More about The innocent cannot afford to plead guilty: The impact of the criminal court charge.

Neuroscientific evidence: A criminal justice dream or an adversarial nightmare? (2013)
Journal Article
Johnston, E., & Jasinski, D. (2013). Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?. International Journal of Liability and Scientific Enquiry, 6(4), 193-205. https://doi.org/10.1504/IJLSE.2013.060843

This exploratory paper seeks to examine the use of neuroscientific evidence in the criminal trial process. Such evidence is not currently employed in the pre-trial or trial stages in England and Wales. However, the first use of polygraph lie detector... Read More about Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?.


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