Preview

The Role Of The Lawyer In The Criminal

Powerful Essays
Open Document
Open Document
2465 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Role Of The Lawyer In The Criminal
The Role of the Lawyer in the Criminal Justice System
Criminal Law & Procedure Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
December 1, 1998
Samuel A. Alito
The remarks below are extended excerpts from a presentation made by Judge Alito at the 1997 National Lawyers Convention, entitled "The Crisis in the Legal Profession."
This conference examines the impact of lawyers and the legal system "on government, freedom, responsibility and virtue." The conference brochure presents as a benchmark the lawyer/statesman who played such a prominent role in our country’s early years. I want to return to that ideal in addressing the particular topic that is before us in this segment of the conference — the role of the lawyer in the criminal justice system. At the risk of comparing two things that are really not comparable, I would like to compare that ideal with our current understanding of the role of the lawyer in the criminal justice system.
The lawyer/statesman ideal has been aptly described by Dean Anthony Kronman in his book The Lost Lawyer. Dean Kronman, in his presentation this morning, explained this ideal much better than I can. To capsulize his remarks, Dean Kronman believes that the lawyer/statesman, the outstanding lawyer under that ideal, is a devoted citizen who cares about the public good and is prepared to sacrifice his own well-being for it.
The help that the lawyer/statesman provides to clients, Dean Kronman argues, is not merely "instrumental." He is not simply a servant of his client in that sense. One of his most important responsibilities "is to offer advice about ends." Although Dean Kronman does not suggest that it is possible to restore fully the ideal of the lawyer/statesman, he does ask whether some of the central values of that ideal can be recaptured.
How does this ideal compare with our current understanding of the role of the lawyer in the criminal justice system? To examine that, we must look at our current understanding of the

You May Also Find These Documents Helpful

  • Good Essays

    Bushman, M. (Feb, 2007) The Roles and functions of law in business and Society. Mallor, J.,…

    • 749 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The second component of the criminal justice system is the court. Courts are tribunals where persons accused of violating criminal law come to have their criminal responsibility determined by juries or judges. The court system includes prosecution, defense lawyers, judges, and juries. Judges hear the cases and preside over the participants to make sure that all laws are followed while the cases are being tried. Some cases are tried in front of a judge only, while others have a jury of 12 citizens who determine the guilt or innocence of a defendant based on facts brought…

    • 481 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There are many types of people that make up our society. For criminal justice practitioners these people can be broken up in to two groups the law abiding citizens and the criminals. The role of the criminal justice practitioner can at time be simple for example: when it comes to the law abiding citizen the role is to serve and protect. But when it comes to criminal the role of the criminal justice practitioner can become complex. In this paper I will attempt to explore the criminal justice professional’s role in fulfilling society as well as individual needs.…

    • 727 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Weekly Topics

    • 257 Words
    • 2 Pages

    “A good lawyer can make anything ethical, given enough money and political influence” – discuss pro and against.…

    • 257 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Sitting in the living room floor watching Perry Mason as a young girl, I never wavered on what I was going to be when I grew up. From the age of about two years old it was crystal clear to me. I was going to go to one of the best law schools in the country and become a great criminal defense trial attorney. The road to becoming a criminal defense attorney is not an easy one. It is filled with tests, degrees, stress, reading, studying, tuition, and more. But for most people that choose this path, they are pursuing this achievement like an Olympic medalist trains for the gold. Achieving the dream is worth all of the blood, sweat and tears (Robert W. Davis, Jr. Attny, personal communication, February 5, 2013). In my discourse community as a future attorney, there are several important steps to follow that I will explain in my essay.…

    • 892 Words
    • 4 Pages
    Better Essays
  • Better Essays

    References: Blumberg, A. (1967). The practice of law as confidence game: Organizational co-optation of a profession. Law and Society Review, 1, 15-39.…

    • 1426 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Court History and Purpose

    • 745 Words
    • 3 Pages

    The court plays a very critical role in American Criminal Justice. Without the development of courts, those who violate the law would face no penalty and would commit crimes and walk free. In this paper I will evaluate and examine the American Criminal court system. I will describe the court and the purpose that it serves as so I will also define the dual court system. I will also describe the role that early legal codes, the common law and the precedent played in the development of courts.…

    • 745 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall…

    • 1184 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Courtroom Workgroup Paper

    • 1190 Words
    • 5 Pages

    * The author will determine courtroom groups, how the groups interact daily, and recommend changes to the groups. The author will also describe prosecutor roles and the cases he pursues. Finally, the author will elaborate on the funnel of criminal justice with the backlog among the courtroom group, the court system, give an example, and explain how to eliminate backlog cases.…

    • 1190 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Court Report

    • 1871 Words
    • 8 Pages

    McBarnet’s discussion of the criminal court system focuses around the idea that the higher courts such as the District and the Supreme courts are for public consumption in which the ideology of justice is played up by the more elaborate court rooms, dress, and rigid rules of ceremony. On the other hand the lower courts focus on control. The local courts handle the vast bulk of cases with only a small proportion of criminal cases coming before the higher courts. For example the National division of cases between the lower and higher courts in 2003-2004 were 97% finalised in the lower courts while only 3% were heard in higher courts.…

    • 1871 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    While researching a growing number of career potentials in the field of criminal justice, one sticks out more than the others. The field of practicing law and being a lawyer certainly created more interest than some of the others. An attorney has an interesting job, and the side of the law he/she chooses to practice proposes different ethical situations that would create potential dilemmas in everyday situations. Attorneys are people that are sometimes charged with the way other people’s lives are affected. With so many different areas of law to study, this paper will address the field of a defense attorney.…

    • 1342 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Tort Reform

    • 1409 Words
    • 6 Pages

    Another key argument presented by the advocates is the increase in the number of lawyers and the corruption of the tort system. They support this argument by presenting the fact that the number of lawyers has increased…

    • 1409 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Court History and Purpose

    • 873 Words
    • 4 Pages

    Siegel, L. J., Schmalleger, F., & Worrall, J. L. (2011). Courts and Criminal Justice in…

    • 873 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.…

    • 1401 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    "Federal judges to bar members: Fewer antics, more technology." Miami Daily Business Review (June 16, 2008): NA. General OneFile. Gale. Apollo Library. 8 July 2008…

    • 1160 Words
    • 5 Pages
    Powerful Essays

Related Topics