The adversarial system of justice contains three basic features: a neutral decisionmaker (judge or jury), the presentation of evidence from both parties, and a highly
structured set of procedures that must be used when evidence is presented. Chapter 8
introduces you to two of the central characters in the court process, the prosecutor and
the defense attorney. Prosecutors often are seen as law enforcement agents. They
have enormous discretionary power, including the discretion to determine which criminal
cases will move forward to trial. Defense counsel is either privately obtained for a fee or
appointed by the court.
While many public defenders are excellent attorneys and dedicated representatives of
their clients, there is a suggestion that public defense counsel may be less than
desirable. Heavy caseloads and a lack of resources can impact the amount of
preparation that goes into criminal defense.
The pretrial process contains a number of important steps in the justice process.
Defendants are brought before the court to hear the charges against them, may be
given the opportunity to post bail, and are asked to enter a plea. Plea bargaining is
common, indeed, most cases never proceed to the criminal trial. A successful plea
bargain spares both sides the expense of a criminal trial and ensures the defendant will
be convicted of criminal charges.