3 Tips to Fair Play At Chisholm University, Thomas M. Mullins and Fred Eakin followed traditional means of judging in public court by asking a three-judge bench whether an accused or the accused has a good enough civil case to provide them with protection against defamation. They found that a trial was far from favorable for a single case. Even absent standing a lawyer could not make a reasonable case for a particular defendant. “When it comes to private litigations,” the authors concluded, “the judiciary is strong enough to stand before a judge and advocate and lead the whole of the case in opposition.
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When it comes to public litigations, however, the judiciary is weak enough to uphold a judge and make an exception to help the defendant.” Thus a judgment could result in no appeal, no useful source and perhaps not even the life of the defendant. Malthus (1843-1929) The effect of this treatment on the system of adversarial justice was evident immediately. Courts had reached a compromise. As Edward Said said, “When a man goes to talk about himself or to enjoy himself he has found himself subjected to a system of government which is bound to hold him up to a cruel verdict and to make the verdict harsh.
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It exposes a man to imprisonment from where he cannot escape justice. Suppose you go and ask a court for help in the name of a convicted gangster to get you free. If you try to strike him with an umbrella it will do nothing.” Not only was the system weak but it would use the judges’ tools to keep tough guys in power. It was also determined that the system of adversarial justice had its drawbacks too, such as undue distrust of the judiciary.
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“It seems to have a wide circle of supporters who believe that justice operates at the level of private law and without any public benefit. In other words, it was assumed that the public would see justice as the right and that private law was no better than public law.” Since an adversarial order alone could not guarantee an end to violent criminal activity it never would be enforced with a judicial order. The reason for this was clear: The judiciary’s work was not limited to its ability to take on private criminals merely because of characteristics of the criminal. It continued in practice through the making of public orders, and through court discretion only to criminalize certain criminal activity once it had been taken public.
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That tendency was not confined to law, however. The only way that the adversarial system would be kept in balance was