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SOCIAL CONTROL IN THE ADVERSARY SYSTEM (FROM CRIMINAL JUSTICE - LAW AND POLITICS, 1972, BY G F COLE - SEE NCJ-25794)

NCJ Number
25807
Author(s)
J H SKOLNICK
Date Published
1972
Length
25 pages
Annotation
BASED ON A 1962 STUDY OF THE COURTS IN A CALIFORNIA COUNTY, THIS PAPER DESCRIBES AND ANALYZES THE OUTSTANDING FEATURES OF THE ADVERSARY SYSTEM AND EXAMINES THE TYPES AND CAUSES OF DEVIATION FROM THE ADVERSARY MODEL.
Abstract
THE BASIC NORM OF THE ADVERSARY SYSTEM OF JUSTICE SHOULD BE ONE OF CONFLICT AND CHALLENGE BETWEEN PROSECUTION AND DEFENSE. HOWEVER, AS IN ALL INSTITUTIONS BASED ON CONFLICT, THERE IS A PROBLEM OF CONFLICT MAINTENANCE OR OF THE CONTROL OF TENDENCIES TOWARD COOPERATION. THE PRESSURES ON THE PROSECUTOR TO REDUCE CONFLICT ARE FIRST EXAMINED. PROSECUTOR-DEFENSE RELATIONS ARE THEN EXAMINED WITH THE ISSUE OF 'DEVIANCE' FROM CONFLICT NORMS AS THE PRINCIPAL SUBJECT. THE CONFLICT MODEL IS ALSO ANALYZED FOR VARIOUS CATEGORIES OF DEFENSE ATTORNEY. THE PRINCIPAL THEME OF THE PAPER IS THAT ADMINISTRATIVE REQUIREMENTS OF AMERICAN CRIMINAL JUSTICE MAKE FOR A RECIPROCAL RELATIONSHIP BETWEEN PROSECUTOR AND DEFENSE ATTORNEY THAT STRAINS TOWARD COOPERATION; THAT THIS COOPERATION IS NOT BASED MAINLY ON THE NEEDS OF THE STATE OR THE DEFENDANT; AND THAT THE PUBLIC DEFENDER AS AN INSTITUTION DOES NOT SIGNIFICANTLY DIFFER FROM OTHER 'COOPERATIVE' DEFENSE DEFENSE ATTORNEYS. (AUTHOR ABSTRACT MODIFIED)

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