Ideal of Justice v. Realities of Bureaucratic Limitations

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The primary adversarial relationship in the courts is not between the plaintiff (prosecutor, or state) and defendant, but rather between the ideal of justice and the reality of bureaucratic limitations.” Explain why you agree or disagree with this statement. You are being required to write an essay between 1,000-1,500 words in length, not including your abstract, cover page and reference page. The essays will be written in APA format and style. All essay submissions must be a Word Document. For maximum points, please reference external research or examples.

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Explanation & Answer

Attached.

Running head: RELATIONSHIP IN THE COURTS

Relationship in the Courts
Name
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RELATIONSHIP IN THE COURTS

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Primary Adversarial Relationship in the Courts
Introduction
I agree with the statement that “the primary adversarial relationship in the courts is not
between the plaintiff (prosecutor, or state) and defendant, but rather between the ideal of justice
and the reality of bureaucratic limitations.” (Suzuki, 2015). My opinion is based on the following
reasons; the justice system is governed by bureaucratic laws that solely decide what is good or
fair and what is not. What the law(s) allows is final and the issue(s) of common sense does not
arise. The judge, prosecutor, or the state does not determine what is right but it’s a matter of
implementation of what the law says. Even the prosecutors state what the law says and not what
they believe in. Suzuki (2015) believes that there are many instances that prosecutors have or
states have to implement laws that they do not agree with. Even those within the judicial system
at times feel overburdened by the laws that they are implementing but they have no option than
to implement since that is what the law says (Norrie, 2013).
The Bureaucratization of the Judiciary
Brunnegger and Faulk (2016) believe that the judiciary cannot work better unless it’s
bureaucratized. Many people associate bureaucracy with negativity but that is not always the
case. Bureaucracy in one way or another promotes the independence of the judiciary by enabling
it to stick strictly the law and not to be influenced by either the state or the ...


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