The Role of Legal Representation in the Criminal Trial Process
Our legal system is an adversarial system in which each party has a right to a fair and just trial. A fair and just trial, however, can only be achieved if the defendant has legal representation as according to comments made by the Justices Mason CJ and McHugh J in Dietrich v. The Queen (1992) 177 CLR 285 “…by reason of the lack of representation of the accused, the resulting trial is not a fair one…for the reason that there has been a miscarriage of justice in that the accused has been convicted without a fair trial.” This is due to a lack of knowledge of law and a lack of understanding of the criminal trial process of the accused as indicated by the comments made by Dietrich over the course of the trial “I’m not emotionally or mentally fit to conduct my own trial”. However, even though the justices have mentioned the importance of legal representation in upholding the rule of law – through making the trial just and fair - they did not agree that the accused was entitled to legal rep...