Law and Society

This article discusses the elements of the legal system, focusing on criminal courts and the roles of prosecuting and defense attorneys. It explores the adversarial and consensual models of working in criminal courts and the responsibilities of the jury. The article also examines the importance of the jury in the American society and the reasons behind plea bargains. Overall, it provides insights into the functioning of the legal system in relation to criminal cases.

Running Head: BUSINESS AND CORPORATION LAW 0
Law and Society
Elements of The Legal System
2/15/2019
Student’s Name

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In a general term, criminal courts can be understood as the government institutions,
which identify the unlawful individuals and provide them punishments according to the nature of
the crime. Criminal courts ensure the preservation of civil rights and entitlements of an
individual (Assy, 2015). These courts have attorneys, parties, and jury. Jury decides the final
decision of the case.
Both Prosecuting and defense attorneys are lawyers who take the part in a trial on the
criminal cases. A prosecuting attorney is a person who ensures proving that the defendant
satisfies all the pre-requisite of being responsible for the subjective crime in a case. In order
words to say, he/she represent the state in criminal matters and put the arguments in against of
accused person in order to held the same criminal if he/she actually committed a crime. The
function of the prosecuting attorney is different on local and federal levels. A defense attorney
on the other side, represent the defendant in a case (Cassel & Bernstein, 2013). In general, the
defendant hires a defense attorney, but if the same is not able to pay the charges of the same, the
court appoints a public defender, who further represents the defendant in the court. The lead
function of a defense attorney is to argue on the facts of the case and law and to prove the
innocence of his/her client i.e. defendant (Margarianlaw.com, 2017).

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Moving the discussion towards their obligation, this is to mention that they are required
to do their jobs in the best interest of the parties for that they work. It means that where
prosecution attorney has an obligation to act for the best interest of law and state, it becomes the
obligation of the defense attorney to save his/her client from the unfair allegations.
Criminal courts have certain models of working. Two of them are the adversarial and
consensual models. The adversarial model is the one where both of the attorneys i.e. prosecution
and defense attorney go head to head in a battle and present the evidence before the judge. This
requires many efforts. The model believes that out of the arguments between these two people,
the truth will emerge about the innocence or guilt of the defendant and in this manner, justice
will be done. On the different side, the consensual model can be understood as a model, which
highlights cooperation among defense attorneys, prosecution attorney, and judges for the purpose
of expedite the case proceedings (Barkan and Bryjak, 2011).
In the presented case, both the attorneys were in an argument and were presenting their
witness before the courts. In such a manner, it is clear that an adversarial model of working was
there in a given situation.
The jury is responsible to decide the guilt or innocence of accused based on facts of the
case and evidence presented by the lawyers. This is the lead role, which a jury in criminal cases

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plays. Moving towards the functions carried out by the same, this is to state that in criminal
courts, the jury hears the case and arguments of both sides. In addition to this, the jury asks for
the evidence, reviews the same, hears the defenses of the defendant and determine whether they
satisfy the charges on the accused beyond a reasonable doubt (Criminal.findlaw.com, 2019).
The jury in America is important for many reasons. First, it prevents tyranny. Tyranny
refers to the oppressive power exerted by the government. Jury stops this practice as the people
sitting in jury have the ultimate power to grant the decision (Judges.org, 2019). Secondly, Jury
provides the citizens with an opportunity to be a part of the process of governing. By taking the
part in a jury, citizens can connect themselves with the constitution. It is a way to connect with
the system of law, which is more powerful than voting. Jury grants a peaceful dispute resolution
method. There are many ways to resolve a dispute, but at last, the jury is there to resolve the
same. In addition to this, many other reasons are there which makes the jury important in
American society.
As mentioned above, the main act of jury in a case is to determine the decision. In order
to check the role of the jury in a society, this is to state that it prevents the crime by giving a
decision in against of criminal. The jury makes the criminals liable for the fines and penalties
and ensures the minimum crimes in society. The jury is often successful in performing the
prescribed function. The reason behind the same is that people who are on the jury have a huge
knowledge of the applicable law and they can determine the fairness of evidence as well. In

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addition to this, the decision of Jury does not influence by any outsider factor and therefore they
are correct in most of the cases, but not in every case.
In the given case too, Jury does not seems to be successful. The jury was required to
consider many facts, which the same did not consider. For instance, the interview conducted with
the minor was required to be held after obtaining necessary approvals. Police conducted this
interview without asking his parents and Jury did not consider this illegal action taken by the
police. Further, no DNA evidence was there that could prove the teenagers liable. Although
teenagers have confessed, the offense but there was no genuine evidence to support their
confession. At last, the statements given by the witnesses were also having a clash in mutual
while cross-examination. These were the reasonable grounds to doubt on the confession of the
teenagers yet Jury has ignored the same. In such a manner, it would not be wrongful to state that
Jury was not successful in performing their intended function.
It seems that neither prosecution, not the defense attorney did their job well during the
trial. On one side, where the prosecution attorney failed to prove the guilt of the defendant, on
the other side, the defense attorney failed to properly defend their clients. They failed to prove
their client innocent. This failure leads to a negative impact on the image of legal professionals.
The act of the attorneys in the provided case proven that sometimes, legal professional does not

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perform the expected job or the job in an expected manner. They do not put their complete
efforts to save the lives of their client and do not understand that impact their actions can bring
on someone. In the given case, the defense attorney could save the lives of teenagers by putting
some efforts but they have not bothered with the same. It showed that they did not have any
respect regarding the lives of their client.
There is always a tension between money and the legal system. Many reasons are there
that the public sees the attorneys in a negative mode. The very first reason is the greed of money.
In general, attorneys work for the money. Especially defense attorney decided the level of efforts
according to the level of fees. Similarly, the prosecution attorney wants to secure the conviction
at any cost. Therefore, they do not consider justice. At last, media is an important factor, which
plays a significant role in determining the image of attorneys (Barnes, 2019). Many times, media
present the negative image of attorneys and people believes on the same. However, it is not
correct. Public needs to consider the positive side of such people as well. The public need to
consider the ethical steps taken by the attorneys in addition to their efforts.
Different reasons are there that the prosecutor and defendant favor plea bargain. Starting
from the reasons of the prosecutor, this is to state that they are concerned about their clogged
calendars as well as the clogged calendars of judges (Copes & Pogrebin, 2016). They have to

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keep the judges happy and for this, they are required to keep the cases moving. Plea bargains
help them in the same as it reduces the caseload of staff. It is quicker and has less work than the
trials.
Further, defendants prefer plea bargain as it allows them to know the status of the
sentence. They do not remain in confusion and are not required to wait for so long. It saves their
time and money and reduces the stress level for the defendant and the families (Hg.org, 2019).
Alford pleas should be allowed as many of the times, defendants are innocent in actual
but they do not find another way to prove their innocence because of the amount of evidence that
prosecutor has in against of the defendant (Cuddy, 2011). In such a situation, the Alford plea
helps the defendant by preventing him to be liable for the fines and punishments.
After the comparison of both of these approaches, this is to mention that they both are
equally important and have certain pros and cons. However if to select one, the proceduralist
approach seems to be more supportive to the factors such as efficiency, fairness and accuracy
while finding the truth. As author mentioned that this approach cab proves senseless at the end
yet it is only a probability and the same ensures a true justice in overall.

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References
Assy, R. (2015). Injustice in Person: The Right to Self-representation. Oxford University Press,
USA.
Barkan, S., and Bryjak, G. (2011). Fundamentals of Criminal Justice: A Sociological View. UK:
Jones & Bartlett Learning.
Barnes, H. (2019). Why Is The Legal Profession Given A Bad Reputation? Retrieved From:
https://www.lawcrossing.com/article/4995/Why-is-the-Legal-Profession-Given-a-Bad-
Reputation/
Cassel, E., & Bernstein, D., A. (2013). Criminal Behavior. New Jersey: Psychology Press.
Copes, H., & Pogrebin, M. R. (Eds.). (2016). Voices from Criminal Justice: Insider Perspectives,
Outsider Experiences. Taylor & Francis.
Criminal.findlaw.com. (2019). What is the Role of a Jury in a Criminal Case? Retrieved From:
https://criminal.findlaw.com/criminal-law-basics/what-is-the-role-of-a-jury-in-a-criminal-
case.html
Cuddy, R., H. (2011). The Alford Plea: Guilty But Innocent. Retrieved From:
https://www.legalzoom.com/articles/the-alford-plea-guilty-but-innocent
Hg.org. (2019). When Should You Accept a Plea Bargain in your Criminal Case? Retrieved
From: https://www.hg.org/legal-articles/when-should-you-accept-a-plea-bargain-in-your-
criminal-case-30893

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Judges.org. (2019). Why Jury Trials are Important to a Democratic Society. Retrieved From:
https://www.judges.org/uploads/jury/Why-Jury-Trials-are-Important-to-a-Democratic-
Society.pdf
Margarianlaw.com. (2017). What is the Difference Between Defense Lawyer and Public
Prosecutor? Retrieved From: https://margarianlaw.com/defense-lawyer-public-
prosecutor/