ADVERSARY SYSTEM (FROM CRIME AND DELINQUENCY, A READER 1970 BY CARL A. BERSANI - SEE NCJ-006248)

• NCJ Number: 10224
• Author(s): A S BLUMBERG
• Date Published: 1970
• Length: 9 pages
• Corporate Author: Macmillan
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM CRIMINAL JUSTICE, BY ABRAHAM S BLUMBERG, QUADRANGLE BOOKS, 1967

Annotation

FACTORS AT WORK IN THE CRIMINAL JUSTICE SYSTEM TEND TO PROCESS DEFENDANTS IN THE DIRECTION OF A GUILTY PLEA, THEREBY EVADING THE ADVERSARY SYSTEM OF THE COURTS.

Abstract

EVIDENCE IS PRESENTED WHICH SUPPORTS THE HYPOTHESIS THAT MOST DEFENDANTS ARE DEALT WITH ADMINISTRATIVELY AND ARE NEVER BROUGHT TO TRIAL. THE AUTHOR ATTRIBUTES THIS TO THE OVERLOAD OF CASES IN THE CRIMINAL COURTS. HE ALSO DISCUSSES THE IDEOLOGICAL PREMISES WHICH HELP LAW ENFORCEMENT PERSONNEL RATIONALIZE THIS OUTCOME. THESE INCLUDE THE USE OF PSYCHIATRIC JARGON AND VALUES TO DISGUISE THE INJUSTICE THIS 'SYSTEM OF JUSTICE BY NEGOTIATION' MIGHT PROMOTE. THIS PSYCHIATRIC OUTLOOK MINIMIZES THE NECESSITY OF MEETING DUE PROCESS REQUIREMENTS AND THE EMPHASIS OF SUPPOSED THERAPEUTIC OUTCOME.