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Essay / Research Paper Abstract
A 3 page paper discussing the adversarial style of the American justice system and musing under which judicial decision-making system the writer would prefer to be judged if charged – but innocent of – a serious felony crime. The accused should prefer rule utilitarianism if innocent, probably a teleological or deontological perspective if guilty. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: CC6_KSlawDecStyl.rtf
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Unformatted sample text from the term paper:
of the U.S. Constitution that has given it such longevity and flexibility is that it provides guidance in general terms, allowing the legislative branch to create laws relevant to the
times and to the state of society while also allowing the judicial system to interpret those laws in terms of where society stands at any specific point in time.
Being charged with a serious felony is dangerous under any court system and style of judicial decision-making. The Constitution requires that anyone accused
of a crime be assumed innocent until proven guilty, but in practice it seems that often quite the opposite is true. Justice does not always win over injustice; style
of judicial decision-making plays a role that can be life-changing for the accused, whether guilty or not. Adversarial Style The American legal system
is characterized by adversarial style. Adversarial style emphasizes "formal legal governance and contestation" (Kagan and Axelrad, 2000; p. 9), in contrast to "informal methods of implementing public policy and
resolving disputes - such as mediation, reliance on expert professional judgement, or corporatist bargaining" (Kagan and Axelrad, 2000; p. 9). It is hierarchically organized and relies heavily on lawyers,
who also figure prominently in the decision-making process by virtue of the arguments they offer for courts consideration and the manner in which they approach their current cases.
The adversarial system is characterized by formal legal contestation in which ...competing interests and disputants readily invoke legal rights, duties, and procedural requirements, back
by recourse to formal law enforcement, strong legal penalties, litigation and / or judicial review (Kagan and Axelrad, 2000; p. 9). Judicial Decision-Making
...