The managed participation of the criminal accused

Looking comparatively, the nature and extent of the accused's participation differ across jurisdictions, depending in part on how the roles and responsibilities of other legal actors are shared out. In France, the direct judicial questioning of the defendant ensures multiple opportunities for participation, yet it also compels a response, making silence almost impossible to maintain. Addressed directly and unshielded by legal representation, the accused is vulnerable to inadvertent self-incrimination. In England and Wales, the defence lawyer is expected to ensure the defendant's decisions and participation are informed and voluntary and that due process protections are assured. In practice, lawyers become complicit in the marginalisation of the accused in court proceedings and their inexorable processing towards a guilty plea. Looking forwards, it is the voices of suspects and defendants that are often missing from research as well as trials. This can pose ethical and access challenges for researchers, to which participatory or co-produced approaches may offer creative solutions.