Law Forum : Adversarial System - The Legal System and Lawyers

Discussion in 'Law Forum - Prisons - Gun Ownership' started by legit-writer, Jan 28, 2013.

  1. legit-writer

    legit-writer Well-Known Member MEMBER

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    Do you think the adversarial system is good for our country or is it bad for our country? I think it's bad because it focuses more of who has the best lawyer and not focusing on fairness. Because of this, the victims are not being protected, the actual criminals are still walking the streets and the innocent are being punished.
     
  2. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    The pendelum swings back and forth. Right now, it's swinging for the rich and connected






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  3. baller

    baller Well-Known Member MEMBER

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    i'm assuming you're talking 'bout the legal system...and lawyers.

    if you're remember back to the old west, when they had traveling judges, they would go in and pronounce you guilty or innocent based on how you "looked" to them...and there was nothing you could do about it--no method of appeal. at least, in this adversarial system, you have someone to argue on your behalf. you're right, it's not about justice, it's more about winning and losing...and how lawyers do some nasty things to get that win. and, yes, sometimes it comes down to who the best lawyer is. but at least your side is heard.

    the part of the process that irks me is the racist/negative opinion aspect some jurors may have towards black people. if their opinion is that we're guilty because we're black, what our lawyers say will not matter...they will still find us guilty.

    WE STILL HAVE WORK TO DO.
     
  4. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    I think its great .... if you know what you are doing.

    The only other system is the inquisitorial system.
    Court was never about fairness. It has been about putting on a good show.

    It isn't the judge, attorney, or law enforcements' job to protect your rights.
     
  5. legit-writer

    legit-writer Well-Known Member MEMBER

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    so its our own job or what?
     
  6. Corvo

    Corvo navigator of live MEMBER

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    It was design that way.
     
  7. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Its your obligation, duty to protect and uphold your rights.
    No one else will care more about them than you will.

    The solicitor, attorney gets paid whether you win your case or not.
     
  8. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Well let's look at the history of the adversarial court system in America.
    We have to go back to England.

    The courts (originally called the King's Courts since they originated out of his powers) were the King's attempt at monopolizing rights and privileges.

    Subjects (citizens) have rights.
    Sovereigns (kings and queens) have prerogatives.

    The courts were born out of conquest; thus, it is only natural that they were adversarial.
    Furthermore, if you go back in further in history (ancient Germanic tribes), the preferred method of court was trial by combat.

    Yes, you would literally slug it out against your opponent. The winner prevails.
     
  9. Corvo

    Corvo navigator of live MEMBER

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    so do you think this trial by combat might work out for us? I do agree with what wrote, it's a shame most don't see the value of how to stay away from committing dumb *** things.
     
  10. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Naw. Trial by combat (and by ordeal) are ancient and barbaric proceedings of court.

    Combat in courts are done by papers and proceedings today.

    The combat is still there.

    The proceedings are more "civilized" but it is civil combat.
     
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