By Theodore L. Kubicek
Oh, these lawyers!
The felony career in reality, the criminal method definitely has a terrible recognition within the usa. Proposed treatments, despite the fact that, hardly pass as deep because the ethics of the approach. America's judicial approach shouldn't be a online game that any one can win, despite real guilt or legal responsibility. Ted Kubicek, JD, describes the issues and proposes ideas. mainly, he condemns the adversary method of justice that is used to stay away from the reality and which makes profitable the paramount aim. Dr. Kubicek postulates that the attorney-client privilege of conversation makes the reality tougher, even most unlikely, to figure out. The adversary procedure is going hand in hand with the privilege of communique for the reason that neither can exist with out the opposite. He advocates relocating in its place to an inquisitorial approach, during which fact is the objective of either events, not only of the occasion that will achieve thereby. He then exhibits how the removal of adversaryism might immediately treatment different difficulties endemic to the process of justice, too, comparable to the passiveness of trial judges and juries. Scrapping the adversary procedure might abolish trial and pretrial approaches and evidentiary principles that confuse legislations enforcement and trial contributors alike. felony verdicts wouldn't then rely on complicated evidentiary or technical concerns having no connection to the guilt or innocence of the accused. This ebook is meant to motivate the felony occupation, the judiciary, and the equipped bar to therapy America's counter-productive judicial tactics. The argument also will curiosity a person who has ever needed to visit trial.
''Kubicek right here assaults the yank antagonistic method of felony justice as a method that enables too a number of the responsible to flee unpunished and urges the adoption of an inquisitorial process within which all events are enjoined to hunt the reality, hence taking out what he sees because the contradiction among attorney's tasks to function a zealous suggest and their tasks as officials of the court docket. different concepts contain removing attorney-client privilege, disposing of exclusionary principles pertaining to illegally acquired proof, and placing voir dire and jury choice completely within the fingers of judges.'' --Book News
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Extra resources for Adversarial Justice: America's Court System on Trial
Truth is nothing more than a means of achieving the end, justice. ”116 C. Steven Yerrid, a noted trial attorney of Tampa, Florida, would not agree, if he believes what he stated in a summation to a jury. “Let’s forget the lawyers’ fancy jargon used over and over in this courtroom. The search here is simply for the truth. The truth is no stranger. You can almost always tell the truth when you hear it. It is so easy to recognize. ”118 It is possible, of course, that if not all the material facts are presented, an innocent person is just as likely to be convicted as a guilty person.
118 It is possible, of course, that if not all the material facts are presented, an innocent person is just as likely to be convicted as a guilty person. Professor Landsman’s statement is confusing unless he contemplates that only one party—the prosecution—need disclose all the facts. If it is not information that the courts seek, then it must be misinformation. And if neither, then the court busies itself with nothing. No wonder “justice” cannot be defined. Justice, however defined, clearly would want to know whether the accused committed the alleged crime.
It is a battle—a war.... The important consideration in our criminal justice system is not whether the accused committed the crime, but whether the government or the state has proved 106. 107. 108. 109. Rawls, pp. 85, 86 Fleming, p. 9 Fleming, p. 5 Journal, February 1990, p. 29 34 Adversarial Justice: America's Court System on Trial beyond a reasonable doubt the accused is guilty. Whether the defendant actually committed the crime is irrelevant if the burden of proof is not carried by the government....
Adversarial Justice: America's Court System on Trial by Theodore L. Kubicek