By Theodore L. Kubicek
Oh, these lawyers!
The criminal occupation in reality, the criminal procedure definitely has a terrible acceptance within the usa. Proposed treatments, although, hardly ever move as deep because the ethics of the method. America's judicial procedure shouldn't be a online game that anybody can win, despite genuine guilt or legal responsibility. Ted Kubicek, JD, describes the issues and proposes suggestions. specifically, he condemns the adversary approach of justice that's used to avert the reality and which makes successful the paramount aim. Dr. Kubicek postulates that the attorney-client privilege of communique makes the reality more challenging, even most unlikely, to figure out. The adversary approach is going hand in hand with the privilege of verbal exchange considering that neither can exist with out the opposite. He advocates relocating in its place to an inquisitorial procedure, within which fact is the objective of either events, not only of the celebration that will achieve thereby. He then indicates how the removal of adversaryism might immediately treatment different difficulties endemic to the approach of justice, too, similar to the passiveness of trial judges and juries. Scrapping the adversary process may abolish trial and pretrial techniques and evidentiary principles that confuse legislations enforcement and trial contributors alike. felony verdicts wouldn't then depend on complicated evidentiary or technical issues having no connection to the guilt or innocence of the accused. This booklet is meant to motivate the criminal occupation, the judiciary, and the equipped bar to treatment America's counter-productive judicial methods. The argument also will curiosity someone who has ever needed to visit trial.
''Kubicek right here assaults the yank opposed process of felony justice as a process that permits too some of the accountable to flee unpunished and urges the adoption of an inquisitorial approach within which all events are enjoined to hunt the reality, hence doing away with 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 innovations comprise getting rid of attorney-client privilege, disposing of exclusionary ideas referring to illegally received proof, and placing voir dire and jury choice fullyyt within the fingers of judges.'' --Book News
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52 43 Chapter 2. Justice With further reference to the multiplicity of suits following trial, Judge Fleming made these observations. The consequence of this mechanical proliferation and duplication of the elements of the judicial process has been a corrosion of the sanctions within our legal system and a weakening of the law’s power of compulsion.... ”147A public opinion poll during the O. J. 148 During the same period, an ABA Journal article stated that the trial “has shown them [the public] some of the extremes of vigorous prosecution and zealous defense....
Or maybe after it is said innumerable times, it becomes difficult to reverse course to try to find something better, a substitute that relies on the truth and only the truth. No doubt, defense trial members of the bar would be touchy about changing a system that they have long used to earn a living. ”79 75. 76. 77. 78. Katz, pp. 127,128 Katz, p. 97 Katz, p. 158 Spence, p. 188 25 Chapter 1. ”80 He does not identify what these “advanced criticisms” are. Then he suggests what “most likely” would be the alternative, judge participation.
Spence, p. 5 112. Fleming, p. 27 35 Chapter 2. ” So Judge Lumbard, like all other judges, was stuck with doing something that might be quite disagreeable. ” Guilt, under those circumstances, thus becomes irrelevant. THE SUBORDINATION OF TRUTH In the American concept of justice, truth has many enemies. “Justice” should demand a level playing field, but the rules greatly favor the accused. The accused is given every opportunity to beat the system. In effect, then, the field is not level. 113 The prosecution must perform perfectly, as determined by higher courts, whereas the accused is under no such restraints.