notes September 29

notes September 29 - Agenda Recap Bureaucratic Legalism A...

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September 29, 2005 Agenda: Recap Bureaucratic Legalism: A Closer Look Ranking the Competing Systems Germany Court Structure Centralization of power o Judges conduct many of the trial proceedings o The experts are called to give opinions Labor Participation Both defendant and prosecution have liberal rights of appeal o In US jury deliberation is secret. o “We’re going to send you to the gas chamber, but we won’t tell you why” No reliable rules of evidence; all evidence allowed o If there is a question about the evidence, the jury can ask the judge. Judges do the primary questioning for the witnesses; lawyers have a secondary role. o Lawyers chime in later; it is far more efficient. Court investigates fact: single expert chosen by court: more centralized and efficient. o In the U.S. the parties develop their own evidence and records “competition”: another check on arbitrary action. “The right to remain silent” is in Germany but it is rarely invoked.
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notes September 29 - Agenda Recap Bureaucratic Legalism A...

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