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Bird's Eye View of Criminal Justice System
We begin this models of representation section by including here a simplistic, bird's eye view of the criminal justice system. We then follow these statements about the criminal justice system with a section that both identifies and explains the various models of representation.
These views about the criminal justice system and models of representation are included to accomplish more than a philosophical discourse; and, certainly, are included to do more than to throw stones at those who work the other side of the street. We include these sections to identify the depth of problems that occur when we assume the responsibility of representing a person accused of a serious crime.
Hopefully, by reflecting on these very basic problems, we can expand our vision and imagination about corrective measures that can be accomplished by using the techniques advocated in our paper about
2K10 Action Motions.
There is an urgent need
for fresh articulation of age-old problems that affect equality and fairness in
our criminal justice system. Frankly, the subject matter of motions filed in
most criminal cases is stale, routine, outdated, and, for the most part, the
product of knee-jerk, pedestrian, rubber-stamped thinking. Besides, most
motions just provide the court with an opportunity to make disparaging remarks
to counsel for the accused. 2K10 Action Motions redirect the accusations of wrongdoing.
To present innovative approaches to centuries-old problems, we must drill deeper into the causes of injustices and inequality in the quality of legal representation and deeper into the injustices and inequality in disposition.
To drive this point home, let's look at a hypothetical problem. Assume that we are appointed to represent the interest of a bull that is to engage in a bullfight. First, we know that the matador usually is going to prevail in killing the tortured bull after the bull's neck has been stuck with lances, his back pierced with barbed sticks, and his aorta severed by a sword. We also know that the majority of the crowd will cheer the matador. If we were to file motions on behalf of the bull, just what motions would we file? In this example, we clearly know we would attack the fairness of the entire process. Why then do we only make superficial attacks to the process of assigning counsel to indigent persons? Why then do we make only superficial attacks to the conduct of the prosecutor, the judge and law enforcement? Could it be that the business model that brings us into the case restrains us? Let's examine the various business models and hope that this examination will give us subject matter for more innovative, corrective measures -- i.e., motions.
Two Main Categories of Models of Representation
It is relevant to identify the models of representation. First, these models may be placed into two main categories. One category will identify the methods of compensation for the attorney representing a client. This main category of models of representation we will classify as the economic models.
The other category of models of representation that we identify will be a classification that relates to the techniques used by the attorney in fulfilling the role of the client's legal representative.
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