NCJ Number
12127
Journal
Crime and Delinquency Volume: 19 Issue: 3 Dated: (JULY 1973) Pages: 406-413
Date Published
1973
Length
8 pages
Annotation
FEELINGS OF PRIDE AND ARROGANCE ON THE PART OF JUDGES AND LAWYERS HAVE PRODUCED A POWER STRUGGLE WITHIN THE COURT SYSTEM WITH THE JUDGES IN THE ADVANTAGEOUS POSITION.
Abstract
OUR CRIMINAL JUSTICE SYSTEM OPERATES IN A BUREAUCRATIC ENVIRONMENT ESPOUSING THREE LEGAL FICTIONS - (1) THAT JUSTICE IS BLIND, (2) THAT THE DEFENDANT IN A CRIMINAL CASE IS INNOCENT UNTIL PROVED GUILTY BEYOND A REASONABLE DOUBT, AND (3) THAT IT IS AN ADVERSARY SYSTEM. A MAJOR FUNCTION OF THE MODERN GOVERNMENT IS TO ESTABLISH A CLIMATE OF LAW AND ORDER. IT HAS DELEGATED THE PRINCIPAL RESPONSIBILITY FOR THIS FUNCTION TO THE CRIMINAL JUSTICE SYSTEM. GOVERNMENTAL EMPLOYEES IN THAT SYSTEM, INCLUDING JUDGES, PROSECUTORS, AND POLICE, IDENTIFY WITH THIS IDEOLOGICAL POSITION AND SEEK CONVICTION OF DEFENDANTS RATHER THAN ABSTRACT JUSTICE. CRIMINAL LAWYERS ARE ALSO MEMBERS OF THIS SYSTEM BUT ARE CHARGED WITH THE DUTY OF DEFENDING THE ACCUSED PERSONS TO THE BEST OF THEIR ABILITY IN OPPOSITION TO THE MAIN THRUST OF THE CRIMINAL JUSTICE SYSTEM. GENERALLY, CRIMINAL LAWYERS, RECOGNIZING THEIR AMBIVALENT POSITION, ARE COOPTED BY THE SYSTEM AND ARE LIKELY TO ACT AS NEGOTIATORS RATHER THAN ADVERSARIES. HUBRIS (OVERWEENING PRIDE AND ARROGANCE OF MEN SECURE IN AND RECKLESSLY CONFIDENT OF THEIR POWER) ASSUMES TWO FORMS IN THE CRIMINAL COURT. ONE IS THE JUDGE'S ALMOST GOD-LIKE AUTHORITY OVER THE PARTICIPANTS IN THE TRIAL, THE OTHER IS THE DRAMATIC BRILLIANCE OF DEFENSE ATTORNEYS WHO GAIN ACQUITTALS FOR DANGEROUS AND NOTORIOUS DEFENDANTS. THE HUBRIS OF THE JUDGE IS OVERLOOKED BECAUSE IT SUPPORTS THE ESTABLISHMENT. THE HUBRIS OF THE CRIMINAL ADVOCATE POSES A SERIOUS THREAT TO THE CRIMINAL JUSTICE SYSTEM. IN ATTORNEYS OF ORDINARY ATTAINMENTS, HUBRIS IS REDUCED TO CHUTZPA (PRIDE AND ARROGANCE SERVING AS COMPENSATION FOR THE LACK OF POWER) AND IS CONTROLLED BY ROUTINE AND MINOR PENALTIES. (AUTHOR ABSTRACT MODIFIED)