Elements of the Legal System - Essay Example

The adversarial type is always seen on films and read in novels. The adversarial model works in two types of criminal cases: First are the celebrated cases, where famous people are involved, or cases that are horrifying and beyond the normal type of crime. Second are the serious felonies, which include serious misdemeanors that are done by strangers. The consensual model is a model classified as more effective because there is good cooperation from both the defense and prosecutor. In this model, the two attorneys from both sides share the same understanding of the crimes and punishments.

These attorneys think that arguing over the case will only slow down the court proceedings of the case when their main purpose is to make the process faster and finish the throng of cases as quickly and effectively as possible. Crime Control vs. Due Process Models. Crime control model is the assurance of public protection. This type of model believes that all criminal suspects are guilty; thus, their cases should be dealt quickly in the courts or in any other legal branches. The legal process of this model with the criminal suspects is characterized like that of a conveyer belt where all cases and the suspects pass by in the conveyer belt quick and fast.

“Crime control and consensual models complement each other since crime control gives importance to quickly and efficiently convict criminal suspects to ensure the public their safety” (Barkan, 2009). The consensual model gives importance of the same goal but only because to ensure of the continuous and uninterrupted court proceedings. In contrast, due process model is a model that protects and ensures the suspected criminal from the likely abuse of the government of its power. This model take into consideration that the suspected criminal or defendant is innocent of the charges thrown at him.

In a democratic country, both the innocent and the guilty deserve to have proper court proceedings and ensure of their individual freedom. The adversarial model and the due process model “complement each other” since the former model stresses on challenging the evidences of the two parties while the latter highlights on protecting the rights of the suspected offender (Barkan, 2009). Lawyers The significance of the function of a defense attorney is to talk and act in behalf of the defendant.

A defense attorney understands the fair process of the criminal justice system. A defendant is in need of every legal advice and counsel throughout the court proceedings, and a defense attorney is the one that gives such. A defense attorney also “represents the defendant after the he or she is taken into custody…to give advice and to make sure constitutional rights are not violated during pretrial procedures” (“The Adversary Justice System,” n.d.). The prosecuting attorney does not give advices the same way a defense attorney does.

A prosecutor’s responsibility is making sure that parties involved in the trial are conscious and be aware of legal measures. Prosecuting vs. Defense Attorney. The prosecuting and the defense attorneys both lay their sides to the judge and to the jury, and during the trial proceedings of the case both are involved. The prosecuting team goes first in presenting evidence that proves the conviction of the defendant followed by the defendant who is going to present his or her