Week 2 Assignment

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National University College *

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Course

351

Subject

Law

Date

Feb 20, 2024

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docx

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5

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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.
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