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Adversarial Justice: America-new,New
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Oh, Those Lawyers!The Legal Profession In Fact, The Legal System Certainly Has A Poor Reputation In The United States. Proposed Remedies, However, Rarely Go As Deep As The Ethics Of The System. Americas Judicial System Should Not Be A Game That Anyone Can Win, Regardless Of Actual Guilt Or Liability. Ted Kubicek, Jd, Describes The Problems And Proposes Solutions. Above All, He Condemns The Adversary System Of Justice Which Is Used To Evade The Truth And Which Makes Winning The Paramount Goal.Dr. Kubicek Postulates That The Attorneyclient Privilege Of Communication Makes The Truth More Difficult, Even Impossible, To Determine. The Adversary System Goes Hand In Hand With The Privilege Of Communication Since Neither Can Exist Without The Other.He Advocates Moving Instead To An Inquisitorial System, In Which Truth Is The Goal Of Both Parties, Not Just Of The Party That Would Gain Thereby. He Then Shows How The Elimination Of Adversaryism Would Automatically Remedy Other Problems Endemic To The System Of Justice, Too, Such As The Passiveness Of Trial Judges And Juries.Scrapping The Adversary System Would Abolish Trial And Pretrial Procedures And Evidentiary Rules That Confuse Law Enforcement And Trial Participants Alike. Criminal Verdicts Would Not Then Depend Upon Confusing Evidentiary Or Technical Matters Having No Connection To The Guilt Or Innocence Of The Accused.This Book Is Intended To Encourage The Legal Profession, The Judiciary, And The Organized Bar To Remedy Americas Counterproductive Judicial Procedures. The Argument Will Also Interest Anyone Who Has Ever Had To Go To Trial.'Kubicek Here Attacks The American Adversarial System Of Criminal Justice As A System That Allows Too Many Of The Guilty To Escape Unpunished And Urges The Adoption Of An Inquisitorial System In Which All Parties Are Enjoined To Seek The Truth, Thus Eliminating What He Sees As The Contradiction Between Attorneys Duties To Serve As A Zealous Advocate And Their Duties As Officers Of The Court. Other Recommendations Include Eliminating Attorneyclient Privilege, Eliminating Exclusionary Rules Concerning Illegally Obtained Evidence, And Putting Voir Dire And Jury Selection Entirely In The Hands Of Judges.'Book News
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- Q: How many pages does the book have? A: The book has two hundred twenty-two pages. This length allows for an in-depth exploration of the American judicial system.
- Q: What is the binding type of this book? A: The book is available in paperback binding. This makes it lightweight and easy to handle for readers.
- Q: What are the dimensions of the book? A: The book measures six inches in length, zero point five one inches in width, and nine point zero two inches in height. These dimensions make it a convenient size for reading and storage.
- Q: Who is the author of 'Adversarial Justice'? A: The author is Theodore L. Kubicek. He is a legal scholar known for his critiques of the American judicial system.
- Q: What genre does this book belong to? A: The book falls under the genre of Conflict of Laws. It critically examines the principles and practices of the American legal system.
- Q: Is this book suitable for beginners in law? A: Yes, the book is suitable for beginners. Kubicek's accessible writing style makes complex legal concepts easier to understand.
- Q: Can I give this book to a law student? A: Yes, this book is a great choice for law students. It offers insights into the judicial system that are beneficial for their studies.
- Q: Is this book appropriate for policymakers? A: Yes, it is appropriate for policymakers. The book discusses potential reforms in the judicial system that are relevant for policy discussions.
- Q: How should I care for this book? A: To care for the book, keep it in a dry place and avoid exposure to direct sunlight. This will help preserve its condition over time.
- Q: Is there a warranty for this book? A: No, books typically do not come with a warranty. However, you may check the return policy from the retailer.
- Q: What should I do if the book arrives damaged? A: If the book arrives damaged, contact the retailer for a return or exchange. Most retailers have policies for damaged items.
- Q: Are there any ethical discussions in the book? A: Yes, the book explores ethics and morality in the courtroom. Kubicek challenges readers to consider fairness in legal outcomes.
- Q: What reform proposals does the book suggest? A: The book suggests practical reforms like alternative dispute resolution methods and better legal aid programs. These aim to improve fairness in the judicial system.
- Q: Does the book include historical examples? A: Yes, it includes historical examples to illustrate how legal strategies can overshadow justice. These examples provide context to the critiques presented.
- Q: Is the content of this book based on case studies? A: Yes, the content is based on vivid case studies. These studies highlight the flaws and strengths of the adversarial legal system.
- Q: What is the main focus of 'Adversarial Justice'? A: The main focus is a critique of the American judicial system. It examines the tension between legal strategy and the pursuit of justice.