For a Kinder, Gentler Society
Adversarial Justice: America’s Court System on Trial
  • Theodore Kubicek
Reviews Table of Contents Introduction «Back
Adversarial Justice:  America’s Court System on Trial.
Sound Bite
What's wrong with America's judicial system? Ted Kubicek, JD, says it's the adversarial approach, where winning is everything, and he points out that systems taking an inquisitorial approach are more likely to come to the truth, and to justice.

About the Author

Ted Kubicek, JD, practiced law for thirty-nine years.

He has served as CEO of a Savings and Loan, as an adjunct legal assistant teacher at a community college, a tutor for GED students, a Fellow of the American College of Probate Counsel, and an arbitrator. He has authored many articles for publications including:

  • You and Your Estate (1988), and
  • Your Worldly Possessions, A Complete Guide to Preserving, Passing on, and Inheriting Property (1992).

Dr. Kubicek received his JD degree cum laude, having served as one of four editors of the Iowa Law Review.

About the Book

Oh, those lawyers!

The legal profession — in fact, the legal system — certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as...

Oh, those lawyers!

The legal profession — in fact, the legal system — certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Above all, he condemns the adversary system of justice which is used to evade the truth and which makes winning the paramount goal.

Dr. Kubicek postulates that the attorney-client privilege of communication makes the truth more difficult, even impossible, to determine. The adversary system goes hand in hand with the privilege of communication since neither can exist without the other.

He advocates moving instead to an inquisitorial system, in which truth is the goal of both parties, not just of the party that would gain thereby. He then shows how the elimination of adversaryism would automatically remedy other problems endemic to the system of justice, too, such as the passiveness of trial judges and juries.

Scrapping the adversary system would abolish trial and pretrial procedures and evidentiary rules that confuse law enforcement and trial participants alike. Criminal verdicts would not then depend upon confusing evidentiary or technical matters having no connection to the guilt or innocence of the accused.

This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. The argument will also interest anyone who has ever had to go to trial.


Reviews
Book News January 2007 | More »
University of South Florida | More »
Walter K. Olson, Senior Fellow, Manhattan Institute | More »
Rudolph J. Gerber, retired appellate judge, Arizona Court of Appeals | More »
Reforming our bro­ken system of jus­tice | More »
Categories

Pages 224
Year: 2006
LC Classification: KF384.K83
Dewey code: 347.73--dc22
BISAC: LAW012000
BISAC: LAW017000
BISAC: LAW025000
Soft Cover
ISBN: 978-0-87586-527-0
Price: USD 23.95
Hard Cover
ISBN: 978-0-87586-528-7
Price: USD 29.95
eBook
ISBN: 978-0-87586-529-4
Price: USD 23.95
Available from

Search the full text of this book
Related Books
• Eating the Ashes: Seeking Rehabilitation —   within the US Penal System
• No Greater Threat —   America After September 11 and the Rise of a National Security State