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Intl. Conference on Access to Legal Aid in Criminal Justice Systems Hadeel A. Aziz Johannesburg 2014. Legal Aid in Jordan / 2008. Constitution doesn’t guarantee the right Criminal Procedures Law : Legal Aid in Death Penalty and life imprisonment cases – Ex Officio
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Intl. Conference on Access to Legal Aid in Criminal Justice Systems Hadeel A. Aziz Johannesburg 2014
Legal Aid in Jordan / 2008 • Constitution doesn’t guarantee the right • Criminal Procedures Law : Legal Aid in Death Penalty and life imprisonment cases – Ex Officio • No institutions for Legal Aid • Civil Society efforts : unplanned, no outreach, targeting specific categories
Official Stakeholders: We Do Not Legal Aid !!!
Snap Shot At Reality • 1350 closed case files were reviewed • Team of 10 Lawyers • Representative sample of all courts • Studied 3 stages of criminal justice journey • Police • Prosecutor • Trial • Access to Counsel / Detention / Release on Bail / Confession /Outcome
حوالي 68% من المتهمين/ المشتكى عليهم لم يقوموا بتوكيل محامي في فترة المحاكمة في القضايا الجزائية
التمثيل في مرحلة ما قبل المحاكمة / الوصول المبكر لخدمات المحاماة
Gap in Access to Counsel • 67.9%Not Represented in Trial • 83%Not Represented in Prosecution • 99.6%Not Represented in Police • 73.1% of Juveniles Not Represented
Study Findings: Representation at the Prosecution Minor Felony Grand Felony Severe Misdemeanor Simple Misdemeanor Represented Not Represented
Representation in serious felonies Mandatory representation cases Represented by private lawyer Court Appointed lawyer Not Represented NA/ case punishable by less than life imprisonment
Detention • 72.1% of cases had a detention order across the study sample. • Average Prosecution Detention period across sample was 108days
Detention and Case Outcome • 38.6% detained but found innocent / Not guilty / charges were dropped. • 20.3% Detained for longer periods than their judgement • Average period of detention
It’s not Just Numbers • Interviews with Lawyers • Interviews with Prosecutors • Interviews with Judges • Interviews with Defendents
That is just the beginning • Alliances • Lobbying • Meeting • Spread the Word • Use Momentum • Draft legislations • Legal Aid Conference
Ok We do Need Legal Aid but ,,, We cannot afford it And.. We start Again