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Adversarial Justice: America's Court System on Trial

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Oh, those lawyers The legal profession - in fact, the legal system - certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Abov Oh, those lawyers The legal profession - in fact, the legal system - certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Above all, he condemns the adversary system of justice which is used to evade the truth and which makes winning the paramount goal. Dr. Kubicek postulates that the attorney-client privilege of communication makes the truth more difficult, even impossible, to determine. The adversary system goes hand in hand with the privilege of communication since neither can exist without the other. He advocates moving instead to an inquisitorial system, in which truth is the goal of both parties, not just of the party that would gain thereby. He then shows how the elimination of adversaryism would automatically remedy other problems endemic to the system of justice, too, such as the passiveness of trial judges and juries. Scrapping the adversary system would abolish trial and pretrial procedures and evidentiary rules that confuse law enforcement and trial participants alike. Criminal verdicts would not then depend upon confusing evidentiary or technical matters having no connection to the guilt or innocence of the accused. This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. * Ted Kubicek, JD, practiced law for thirty-nine years. He has served as CEO of a Savings and Loan, as an adjunct legal assistant teacher at a community college, atutor for GED students, a Fellow of the American College of Probate Counsel, and an arbitrator. He has authored many articles for publications including the Drake and Iowa Law Reviews. Earlier book titles include You and Your Estate (1988), and Your Worldly Possessions, A Complete Guide to Preserving, Passing on, and Inheriting Property (1992). Dr. Kubicek received his JD degree cum laude, having served as one of four editors of the Iowa Law Review.


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Oh, those lawyers The legal profession - in fact, the legal system - certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Abov Oh, those lawyers The legal profession - in fact, the legal system - certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Above all, he condemns the adversary system of justice which is used to evade the truth and which makes winning the paramount goal. Dr. Kubicek postulates that the attorney-client privilege of communication makes the truth more difficult, even impossible, to determine. The adversary system goes hand in hand with the privilege of communication since neither can exist without the other. He advocates moving instead to an inquisitorial system, in which truth is the goal of both parties, not just of the party that would gain thereby. He then shows how the elimination of adversaryism would automatically remedy other problems endemic to the system of justice, too, such as the passiveness of trial judges and juries. Scrapping the adversary system would abolish trial and pretrial procedures and evidentiary rules that confuse law enforcement and trial participants alike. Criminal verdicts would not then depend upon confusing evidentiary or technical matters having no connection to the guilt or innocence of the accused. This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. * Ted Kubicek, JD, practiced law for thirty-nine years. He has served as CEO of a Savings and Loan, as an adjunct legal assistant teacher at a community college, atutor for GED students, a Fellow of the American College of Probate Counsel, and an arbitrator. He has authored many articles for publications including the Drake and Iowa Law Reviews. Earlier book titles include You and Your Estate (1988), and Your Worldly Possessions, A Complete Guide to Preserving, Passing on, and Inheriting Property (1992). Dr. Kubicek received his JD degree cum laude, having served as one of four editors of the Iowa Law Review.

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