Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Court Administration
The role of a defense attorney in an adversarial system Their zealous advocacy works past the personal ties existing between the attorney and the client. Regardless of the offense committed by the accused, defense attorneys recognize that criminal activities do not stand-alone. Every individual's life is subject to a peculiar collection of forces. As such, it is an integral role for defense attorneys to understand and defend individuals. They tend to look at their clients' weaknesses, foibles and sorrows as a symbol of the wider issues of the society and believe that, like everyone else, these individuals deserve a zealous and competent defense. Defense attorneys who fail to represent their clients appropriately are likely to be sued for civil damages. The criminal justice would cease to exist if these attorneys chose to defend only the innocent. Defending individuals who commit crimes is integral to the adversarial system (Neubauer & Fradella, 2011).
A defense attorney assumes an integral position in the pursuit for and promotion of justice in an adversarial system. Defense attorneys are uniquely positioned via their legal system knowledge and interaction with the relevant principles in legal matters to influence the adversarial system in pursuit for justice. Sometimes, tensions exist between their duties to confidentiality towards clients and their duty to help the administration of justice. The defense attorney has a distinct set of responsibilities in the adversarial system. According to the U.S. Bar Association, it is the role of a defense attorney to defend the accused zealously and seek the best possible outcomes for the client (Neubauer & Fradella, 2011). In relation to this position, defense attorneys are committed to three goals: righting the balances of an unequal society, holding the government to the burden of proof, and advocating that the clients be considered in the perspective of their entire life than identified and condemned by their actions.
"Law in action" we find flaws in the process, and if you had the power what would you do to make a…
References
Neubauer, D & Fradella, H. (2011). America's Courts and the Criminal Justice System, 11th edition. New York: Wadsworth.
Falk, G. (2010). The American criminal justice system: How it works, how it doesn't, and how to fix it. Santa Barbara, Calif: Praeger.
Prosecutor v. Defense Attorney The United States justice system is based on the very basic notion that all people who are accused of a crime are considered innocent, unless proven beyond a shadow of a doubt to be guilty of committing a crime. This fact means that it is the burden of the state or the prosecuting attorney to prove the accused defendant's guilt to the judge or the jury of
Prosecutor Overreach The legal system serves as the cornerstone of modern society. This system ensures that the public good is maintained and that the social fabric of society is preserved at all times. A prosecuting attorney has a unique position within this system. They represent the state, or the public good in general, and not just a single client. Therefore, there role is to not only seek convictions among those who
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that
1985) held that municipal ordinance prohibiting fortune-telling and any related activity were in violation of Cal. Const. art. I, 2; while arrests for fortune-telling are now less frequent in California than before Azusa, they still occur. For example, in San Diego, four women belonging to the same Gypsy family were recently charged with theft by false pretense; as a precondition of being offered bail, these psychics were prohibited from
Criminalization occurs when women are treated like offenders rather than victims when they defend themselves against abusive males. Criminalized women are made to feel like they are the ones responsible for situations such as damage to property, child exposure to violence, immigration status issues, reputational damage, homelessness, and poverty occurring as a direct result of male violence. We have heard of numerous cases -- for instance, where women living with
Lincoln Lawyer by Michael Connelly In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of