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power of gov final-1 - Patrick McGuinness Thomas Hilbink...

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Patrick McGuinness April 10, 2007 Thomas Hilbink Legal Studies Paper 2 Manipulation of Power In order to pursue happiness, we must have liberty and justice. We must have order. The legal system needs to be designed to bring about order. The legal system must be strong enough to protect the people not only from citizen disorderly conduct, but from the unjust and oppressive actions of the government as well. We must have this system both in theory and practice. The government makes sure that people are protected. The three branches of government were established to guard the rights of those who are not individually or group power hungry, but rather eager to pursue happiness. To protect the people, the judicial branch created our legal system as a mechanism to balance power, even within the justice branch. Unfortunately, the track record for our legal system acting as this mechanism of protection is not a good one. Rights, trial procedures and the jury system do not seem to prevent the government from gaining too much power over its citizens. In cases such as Batson v. Kentucky, Rasul v. Bush, Korematsu vs. United States, and even an individual like Martin Erdmann has shown time and time again that we have much to improve upon. Our government is the continuous exercise of power to control everyone that makes up society. Amendments, laws, and bills are formed so that people are given equality and a chance to defend themselves. Society has created two different views to a trial. Jerome Frank wrote an article discussing these two very different, but equally important trial issues. The “Fight” theory versus the “Truth.” The Fight theory is an older style where lawyers duke it
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out through verbal abus e to decide who has a more believable case. The Truth theory is where all cards are brought to the table and all evidence is known (Before the Law 375). It is
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