Week 2 Assignment
docx
keyboard_arrow_up
School
National University College *
*We aren’t endorsed by this school
Course
351
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
5
Uploaded by BrigadierSteelBarracuda20
Page 1
CJA 351: Week Two Assignment
National University
Page 2
Week Two Assignment
1.
Does the role of shared decision making violate the principles of the adversary system because cooperation among the courthouse actors may translate into a culture where defendant's rights fail to have any real meaning?
The judge serves as a form of mediator in the dispute between the contestants in the adversary system. The judge limits his role to ensuring the fairness of the process and takes no initiative to produce evidence, leaving the parties and their attorneys in charge of
the proceedings. Finding the truth is not a big issue in this case; it is left to the good fortune of the parties and the technical prowess of their advocates, but its primary goal is to encourage harmony in the conflict. Passivity on the part of the judge is regarded as an unalienable requirement for his objectivity and, consequently, for the justice of his verdict. In this sense, the judge, acting as a state agent, must keep a safe distance from the
courtroom, where only the parties' disputes are heard. In the adversary system, the cooperation between the two parties ultimately results in a reduction of the guarantees of the accused, who is presumed innocent until the judicial decision that finds him guilty. In the inquisitorial model, the possibility of sharing decisions is an attack on the procedural position of the accused. Additionally, if collaboration is an option, an innocent person might use bargaining tactics to avoid being found guilty, which would jeopardize their presumption of innocence. This cooperation, which ultimately stifles the defendant's rights, makes me think that the adversarial system's tenets have been broken.
Page 3
2.
Discuss the possible differences and possible tension points between prosecutors and police.
Conflict between police and prosecutors frequently results from a police misinterpretation
of the legal constraints that the prosecutor must operate under. The information provided by the police in the investigative report significantly impacts what the prosecutor can do in a particular case.
3.
In what ways does the courtroom work group affect how a defense attorney represents a client?
The defense attorney may benefit from the courtroom work group because they are knowledgeable about how the courtroom operates and how the judge prefers things done. The defense attorney may not be able to make certain motions or may not be able to persuade the judge to rule in their favor on particular issues as a result, which can be disadvantageous.
4.
Gideon v. Wainwright guarantees the right to court appointed counsel for indigents in felony cases. Should counsel be appointed in noncriminal matters? Why or why not?
I don't think it would be legal to provide court-appointed counsel in situations that aren't related to a criminal investigation because there is no precedent for doing so. The Sixth Amendment is the only law that guarantees the right to legal representation in criminal proceedings; Situations that are not criminal in nature are not covered by the amendment.
The defendant is responsible for paying for their own legal representation if they wish to do so in a case that does not involve a criminal offense.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Page 4
5.
What inroads has the victims' rights movement made regarding changes in the criminal justice system and process? Are these useful inroads?
In terms of modifications to the criminal justice system and procedure, the victims' rights movement has made significant progress. The introduction of victim impact statements, which give victims a voice in how their attackers are punished, is one of the most significant changes. Victim notification systems, which enable victims to be informed of their attacker's status and whereabouts, and the establishment of victim advocate positions within law enforcement agencies are two additional changes. Critics of the victim's rights movement often contend that these changes are more symbolic than substantive. However, a lot of advocates for victims' rights say that these changes are needed to make sure that victims get the best care possible. Additionally, advocates contend that certain aspects of the law and the criminal justice system create obstacles that victims must overcome in order to obtain the necessary services.
Page 5
References Neubauer, D. W., & Fradella, H. F. (2019).
America's courts and the criminal justice system.
Boston, MA: Cengage Learning
.