LS308 Law and Society Unit 9 assignment

Contrast the adversarial model with the consensual

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Contrast the Adversarial model with the Consensual model, which is the model used most often in practice by attorneys. Cooperation between the prosecution and defense is key in the Consensual model, because both sides have the same understanding of typical crimes and their corresponding punishments. Because using the Adversarial model slows down the court system, the main goal of the Consensual model is to speed it back up again in the interest of efficiency by reducing the amount of time cases spend within the court system. Furthermore, one of the main goals of the attorney is to collect his or her fees as quickly as possible. In order to do this, the prosecution and defense work together to come to the best possible compromise for both sides, which the defense attorney then advises his or her client to accept and plead guilty in order to end the dispute and get on to the next client and fee (Barkan, 2009). The third model, the Crime control model, is utilized to further the interest of public safety. This model seeks to ensure public safety by assuming that most criminal suspects are guilty and thus emphasizes the need to expedite their cases through the courts so the punishment is reached quicker. This would ensure that the criminals are gotten off the street in a timely manner (Barkan, 2009). In contrast to the crime control model is the due process model. As the name implies, the goal of this model is to protect the individual from possible government abuse of power by ensuring that no individual is deprived of life, liberty, or property unless due process is observed. The assumption of this model is that some suspects and defendants may be innocent of the crimes they are accused of, and both the innocent and the guilty deserve to have their rights observed to preserve their individual liberty. The due process and adversarial models
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LS308 Law and Society Unit 9 assignment complement each other because “the former model emphasizes the need to protect defendants’ rights and the latter emphasizes the need for vigorous contesting of the evidence” (Barkan, 2009). One issue that has a significant impact on clearing out congestion in the criminal courts is plea bargaining. Due to the high cost and time involved in a drawn out, adversarial trial, the defense attorney and the prosecutor work together, as in the consensual model, and come to an agreement where the prosecution agrees to a lesser charge in exchange for the cooperation of the defendant in pleading guilty. Then, the defense attorney proposes this agreement to his or her
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