Strategies and Tactics of Criminal Defenders in Russia in the Context of Accusatorial Bias

The authors present a sociological description of the work of the defense attorney in a criminal case on the basis of theories of practical action (M. de Certeau, J.C. Scott) that focus on the tactics of the "weak" party in social interaction and on mētis as a special kind of practical knowledge. The power asymmetry in Russian criminal proceedings in favor of the prosecution places the defense attorney in a weak position in terms of resources. Three levels of this asymmetry are examined: (1) the day-to-day micro experience of criminal investigation; (2) the inequality of the parties as embodied in law; (3) informal practices of investigators, prosecutors, and judges that violate the rights of the defense. As a result, the scope for strategic action by the defense attorney is constrained by his relations with the defendant and/or client while with other participants in the case he acts tactically. On the basis of expert interviews with defense attorneys the authors delineate types of strategic and tactical action in their work on a criminal case.