Project #69675 - The Adversarial Process and its Alternatives.

 

Assignment: The Adversarial Process and its Alternatives.

 

After reading about the adversarial process and accessing the link to the Center for Court Innovation, please choose one of the topics below and discuss.

 

1. The adversarial process has been criticized, most notably by Judge Jerome Frank, as an unwieldy and inefficient system in which participants, and their lawyer/gladiators, seek advantage to "win the battle" rather than a sober, controlled pursuit of evidence in search of the truth.  Proponents of the adversarial system claim that inquisitional systems miss important information and reach erroneous verdicts just as often and are even more susceptible to corrupt practices including political bias and torture.  Discuss the pros and cons of each system.

 

2. Is the move toward determinate sentencing and increasing prosecutorial discretion an attack on judicial independence and an example of the politicization of the judiciary, or is it simply an example of holding the judiciary accountable in a democracy?

 

3. Compare problem-solving courts, as described on the Center for Court Innovation website, to traditional adversarial courts.  Do problem-solving courts avoid confronting important issues in the criminal justice system and society, such as drug addiction and drug laws; punishment vs. rehabilitation; prosecution vs. treatment, or is it an efficient way to effectively deal with those issues within the context of the Anglo-American judicial tradition?  Does a cooperative courtroom team of defense attorneys, prosecutors, judges, and probation officers protect the rights of the accused adequately, or is it the "fight theory" that limits individual rights (and remedies)?

 

I have to pick which question I would like to answer and do a one to two page essay for the question I choose. Basically what I have to do is give him my opinion but site it.  http://www.courtinnovation.org/

 

 

 

Subject Law
Due By (Pacific Time) 05/07/2015 12:00 am
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