Criminal Procedure

Criminal Procedure

If you were on trial for committing a crime, specify one (1) right you would be most willing to give up and the (1) right you could not. Predict the impact that giving up your chosen right would have on the court proceedings.

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The adversarial system will not be a better option for judges because it does not consider the accused in making the final decision. It is a system where the prosecution and defense compete with each other under the watch of a judge, who then determines who wins. The system is unfair because, for the accused to win, he needs to hire reasonable attorneys who can compete against prosecution, unlike being represented by government advocates who can’t compete well against their own (Benefiel, 2014). If I committed a crime and were arrested, I would be willing to give up my right to be an advocate because I can represent myself. However, I would not give up my right to speak up during the case because my confession could lead to further investigations and a quicker resolution. Research shows that many patients have gone unresolved due to the right to remain silent in court.

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References

Benefiel, R. (2014). The adversary system. Albanese, 1-4. Retrieved from https://www.researchgate.net/publication/282778427_the_adversary_system

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Criminal Procedure

Please respond to the following:

Imagine you are a judge on the Supreme Court of a nation. The country’s trial-by-jury court procedure is currently under judicial review. The majority of the judges would like to implement an adversarial system. Debate two (2) reasons that maintaining a trial-by-jury court procedure is a better option for your country. Justify your response.

The United States offers those accused of committing a crime several rights. These rights consist of the right to counsel, the right to remain silent, the right to a trial by a jury, and the right to bail. If you were on trial for committing a crime, specify one (1) right you would be most willing to give up and the (1) right you could not. Predict the impact that giving up your chosen right would have on the court proceedings.