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Adversarial Process

Adversarial Process

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Published by Nick Hentoff

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Published by: Nick Hentoff on May 29, 2013
Copyright:Attribution Non-commercial

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05/29/2013

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THE ADVERSARIAL SYSTEM OF JUSTICE IS CHARACTERIZED BYCRIMINAL JUSTICE SYSTEMS BASED ON COMMON LAW PRINCIPLESOF DUE PROCESS, THE RIGHT TO COUNSEL AND THE RIGHT TOTRIAL BY JURY REPRESENTED BY CRIMINAL JUSTICE SYSTEMS IN THEBRITTISH COMMONWEALTH AND THE UNITED STATES.
FIRST SLIDE.
IT IS CHARACTERIZED BY THE EQUALITY OF ARMBETWEEN OPPOSING SIDES WHO ANSWER TO A JUDGE WHO ISSUPPOSED TO BE AN NDEPENDENT REFEREE WHO ENFORCES THERULES.
SLIDE 2.
IF ONE SIDE BREAKS THE RULES, THE COURT HAS THEPOWER TO SANCTION THE SIDE THAT VIOLATED THE RULES.
IF THE COURT REFUSES TO ENFORCE THE RULES, EACH SIDE HASTHE POWER UNDER THE RULES TO FILE AN IMMEDIATE APPEAL TOA HIGHER COURT TO ORDER THE TRIAL JUDGE TO FOLLOW THERULES.
 
 
SLIDE THREE.IN INQUISITORIAL SYSTEMS THE POWER ISCENTERED IN THE INVESTIGATORS AND PROSECUTORS CREATINGA LACK OF EQUALITY OF ARMS.
IF THE ADVERSARIAL SYSTEM IS CHARACTERIZED BY AN EQUAITYOF ARMS HOW CAN I EXPLAIN THE GUANTANAMO TRIBUNALS?THE GITMO TIBUNALS DO NOT REPRESENT THE ADVERSARIALSYSTEM OF JUSTICE.SLIDE FOUR.
THE UNITED STATES SUPREME COURT HAS LARGELY REJECTED THEGUANTANAMO BAY TRIBUNAL PROCEDURES AS A VIOLATION OFTHE US UNCONSTITUTIONAL AND ILLEGAL UNDERINTERNATIONAL LAW. PRESIDENT OBAMA HAS VOWED TO CLOSETHE CAMP BY THE END OF THE YEAR.
I EXPLAIN IT THE SAME WAY I WOULD EXPLAIN THE LEGALRECOGNITION OF SLAVERY IN OUR CONSTITUTION, THEDETENTION OF THE JAPANESE IN WORLD WAR TWO, AND THECORRECTION OF OTHER MISTAKES. THE RULE OF LAW PROVIDESA MECHANISM MECHANISM FOR CORRECTING MISTAKES,INCLUDING ELECTIONS.
 
 
NEXT SLIDE.THE DEFENSE HAS THE AUTHORITY TO GO TO THE JUDGETO ENFORCE THE RULES FROM THE MOMENT A SEARCH WARRANT ISISSUED OR THE SUSPECT IS ARRESTED.
JUDGES ISSUE SEARCH WARRANTS BASED ON THE SWORN TESTIMONYOF THE INVESTIGATOR.
AN ATTORNEY CAN CHALLENGE THE ISSUANCE AND EXECUTION OF ASEARCH WARRANT AND SEEK THE RETURN OF THE PROPERTY SEIZED.
A SUSPECT MUST BE BROUGHT IN FRONT OF A JUDGE WITHIN 48HOURS BEFORE HIS ARREST.
IN ARIZONA, THE PRACTICE WAS TO APPOINT A PUBLIC DEFENDER ATTHE FIRST COURT HEARING IF THE SUSPECT WAS IN CUSTODY.
THE ARIZONA COURT OF APPEALS ISSUED A RULING REQUIRING THAT APUBLIC DEFENDER BE PRESENT AT THE INITIAL DETENTION HEARING.

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