The University of Adelaide, School of Computer Science Criminal Justice Procedure 8th Edition The University of Adelaide, School of Computer Science 9 September 2018 Chapter 11 The Adversary System Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 2 — Instructions: Language of the Computer

The University of Adelaide, School of Computer Science 9 September 2018 Introduction Chapter 11 Our adversarial system of justice, which is based on the concept of a fair trial, before a jury of one’s peers, and which is governed by written rules of law is the successor to many other types of dispute resolutions that have been tried and failed. Our system is an adversary system which means that the accused and the state are represented by counsel. The accused must prove his or her innocence before the trier of fact. Another uniqueness of our system is that citizens are guaranteed a fair and impartial trial before a jury of their peers. Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 2 — Instructions: Language of the Computer

Responsibility of Advocates Chapter 11 Under our law, the success of the trial system depends upon both sides being represented by contentious opposing advocates. This system is based on the assumption that the truth of any controversy will come out best when each side (the defendant as well as the state) vigorously presents its evidence and presses the theory of law supporting its case. Copyright © 2013, Elsevier Inc. All Rights Reserved

Role of the Defense Attorney Chapter 11 Ethical rules prohibit an attorney from knowingly using perjured testimony or offering evidence the attorney knows to be false. Perjured testimony is testimony that is false and is given under oath in a trial. Although a lawyer is bound by an ethical code to preserve the confidences and secrets of his or her client, the attorney is likewise bound professionally and ethically to respect our system of justice. If the defense attorney knows, or has reason to know, that the testimony a client will offer is false, the attorney should not call the client as a witness. Copyright © 2013, Elsevier Inc. All Rights Reserved

Effective Assistance of Counsel Chapter 11 Implicit in the Sixth Amendment right to counsel is that counsel provide effective representation. The lawyer must fulfill the role of trained legal counsel in representing the accused. Counsel’s conduct must comply with basic norms and procedures identified by the American Bar Association. Copyright © 2013, Elsevier Inc. All Rights Reserved

Copyright © 2013, Elsevier Inc. All Rights Reserved Role of the Prosecutor The ultimate goal of the criminal prosecution is to seek the truth. When knowledge comes to a prosecutor that perjurious testimony has been used on behalf of the state, the prosecutor has a duty to correct it. The prosecutor is charged with the responsibility of turning over any exculpatory evidence that might be discovered during the investigation to the defense attorney. Failure to disclose such evidence is grounds for sanctions against the prosecutor. Copyright © 2013, Elsevier Inc. All Rights Reserved

Responsibilities of Police Officers Police officers are singularly important persons in the adversary process. When the officer is in court, he or she should never refrain from correcting his or her testimony when an honest error has been made. Both the police and the prosecutor have a particular responsibility to make certain that fair tactics and truthful evidence prevail in criminal trials. Copyright © 2013, Elsevier Inc. All Rights Reserved

Responsibilities of Judges Whether the judge is accepting a guilty plea, presiding at a jury trial, or hearing a case without a jury, impartiality is essential. Particularly sensitive are cases in which the judge decides the case without a jury, conducting a bench trial in which the court sits as the sole trier of both the facts and the law. A trial judge should not “telegraph to a jury, by purposeful exclamations, gestures or facial expressions, his approval or disapproval, belief or disbelief, in the testimony of witnesses or arguments of counsel.” Copyright © 2013, Elsevier Inc. All Rights Reserved

Need for Support and Reform Enforcement of the law, like the laws themselves, requires public assistance and cooperation. The system is in need of society to provide adequate resources to assure efficient and responsible administration of the criminal laws. A task force report to the National Violence Commission has suggested that the public could assist the police in a much more meaningful way. The report suggests that we could greatly assist the police if we provided funding for: additional crime laboratories adequate prosecutorial staffs additional correctional treatment Copyright © 2013, Elsevier Inc. All Rights Reserved

Copyright © 2013, Elsevier Inc. All Rights Reserved Conclusion This chapter provides a summary of the role of the court system, and the key players in that system. The judge, the prosecutor, the defense attorney, and the police each have critical roles to play in the administration of justice. The rules of criminal procedure are designed to ensure that the results of criminal trials are final, and that fairness accompanies the court process from beginning to end. Copyright © 2013, Elsevier Inc. All Rights Reserved