Wednesday, June 19, 2019

Elements of the Legal System Essay Example | Topics and Well Written Essays - 1250 words

Elements of the Legal System - Essay ExampleThe adversarial pillow slip is always seen on films and read in novels. The adversarial example works in two types of criminal cases First argon the celebrated cases, where famous people are involved, or cases that are horrifying and beyond the normal type of crime. Second are the serious felonies, which include serious misdemeanors that are d iodin by strangers. The accordant model is a model assort as more effective because there is good cooperation from two the defense and prosecuting attorney. In this model, the two attorneys from both sides share the same understanding of the crimes and punishments. These attorneys think that argument over the case will only slow down the court proceedings of the case when their main purpose is to make the emergence faster and bar the throng of cases as quickly and effectively as possible. Crime Control vs. Due Process Models. Crime reckon model is the assurance of public protection. This typ e of model believes that all criminal suspects are guilty thus, their cases should be dealt quickly in the courts or in any other legal branches. The legal butt against of this model with the criminal suspects is characterized like that of a conveyer belt where all cases and the suspects pass by in the conveyer belt quick and fast. Crime control and consensual models complement each other since crime control gives importance to quickly and efficiently convict criminal suspects to ensure the public their safety (Barkan, 2009). The consensual model gives importance of the same goal but only because to ensure of the continuous and uninterrupted court proceedings. In contrast, due process model is a model that protects and ensures the suspected criminal from the likely abuse of the government of its power. This model take into consideration that the suspected criminal or suspect is innocent of the charges thrown and twisted at him. In a democratic country, both the innocent and the gui lty deserve to have proper court proceedings and ensure of their individual freedom. The adversarial model and the due process model complement each other since the former model stresses on challenging the evidences of the two parties while the latter highlights on defend the rights of the suspected offender (Barkan, 2009). Lawyers The significance of the function of a defense attorney is to talk and act in behalf of the defendant. A defense attorney understands the fair process of the criminal justice system. A defendant is in need of every legal advice and counsel throughout the court proceedings, and a defense attorney is the one that gives such. A defense attorney also represents the defendant after the he or she is taken into custodyto give advice and to make sure constitutional rights are not violated during pretrial procedures (The Adversary Justice System, n.d.). The prosecuting attorney does not give advices the same way a defense attorney does. A prosecutors responsibilit y is making sure that parties involved in the trial are conscious and be aware of legal measures. Prosecuting vs. Defense Attorney. The prosecuting and the defense attorneys both lay their sides to the judge and to the jury, and during the trial proceedings of the case both are involved. The prosecuting team goes first in presenting evidence that proves the conviction of the defendant followed by the defendant who is going to present his or her

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