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Show July 30, 1971 THE UTAH INDEPENDENT PACE ON THE LAW FULL MEASURE OF THE LAW VERSUS SOCIAL BENEFITS The Courts have become the focal point of a raging con- troversy between those who on the one hand demand prompt and severe punishment of those who violate the law, and others, who see a prompt and severrdiscipline according to law as being in terms of social goals. As the philosophical battle rages outside the Courts, the Courts come under criticism counter-productiv- and their impact upon the courts and from the social activists who feel that the courts are much too restrictive and too closely bound by precedent and legislative fiat. e of conservatives for giving credence to the social problems THE ADVERSARY SYSTEM The entire legal system of the United States is referred to as an Adversary System. Briefly, stated, this means that anyone brought before the jurisdiction of the Court either having been accused in a civil controversy or of having violated the peace and dignity of the sovereign State of Utah or elsewhere, is made a party to theAdversaryprocess.lt is presumed (and this may not be to guilt or correct) that everyone obtain counsel, or if the Court appoints counsel, and Court appointed counsel is not as competent as counsel which might lie obtained by an affluent accused, or if the accused is so overwhelmed by the entire process of the law and so frightened and subdued that he docs nothing to establish his own defense in the will protect his own interest. Therefore, the tarty accused of a crime is expected to protect his own interest by obtaining legal counsel and presenting his best possible defense. The theory being that upon the presentation of the best possible defense, it will then be possible for a judge andor jury to make a determina- tion as to questions of fact. The judge then being able to determine questions of law, and in the combination of the two then to make a determination as innoccnse. Page 5 matter, the problem is equally as acute. In many cases, the party accused has neither the financial resources nor the education nor ability to resond and, therefore, a judgment is obtained by default. In other cases, where the defendant is able to obtain legal counsel and pursue a vigorous defense, the requirements of the If the accused is unable economically to adversary process are adequately served. With all of its shortcomings, we should remember that the adversary system has' been built up over a period of true adversary process, it is questionable as to wheter the intent of the law is achieved. In a civil case where a complaint might be filed bringing a defendent before the jurisdiction of the Court on a civil almost a thousand years, and much generative thought lias gone into the jmssibility of the development of a better system without noticeable result. In other words, although a system may be recognized as imperfect, it may be the best that can be developed in an imperfect world. PROBLEMS OF DUAL JURISDICTION In the State of Utah we have three levels of Courts: 1. Justice of Peace or City Courts. These Courts may handle matters of criminal misde- meanors and civil jurisdiction extending to a financial interest not in excess of $1,000. Matters from the Justice of Peace and from the City Courts may be appealed to District Courts of the State of Utah on a trial de nove (new trial) basis. On matters of constitutional importance an appeal may then be taken from the district court to the Supreme Court of the State of Utah, and in certain circumstances from the Supreme Court of the State of Utah, a request for review might be made to the Supreme Court of the United States. 'Hi there . . . 2. State District Court. State District Courts are courts of general jurisdiction which may hear controversies of any nature as long as the state has jurisdiction. These matters may be I'm Evelyn Wood hove reading you want to do and don't have time, Evelyn Wood can help you. She is right here in Salt Lake and her famous Reading Dynamics Institute is offering summer classes at a special discount. If you appealed to the Utah State Supreme Court and a request may be made thereafter for consideration of review by the United States Supreme Court. can take the course lasting 8 weeks and be equipped for reading you must do right away. For late July classes in Provo call You 373-041- 4. For information on July and Aug. classes in Salt Lake call 328-012- 1. Continued On Page 10 All Kinds of Insurance Brower's Motor & Sheet Metal Co. Inc. Ed Home Life Business Auto Group Medico! Bonds BEACON INSURANCE agency 3 PHONES: Office to 4S7-S7- S9 295-17- 54 30 East Kensington Ave Salt Lake City, Utah Mgr. Body;. Fender & Mechanical Automotive Repairs Painting All Kinds and All Makes & Body VW & Corvair Work Specialists 3310 W. 3500 S. Salt take City, Utah, Ph. Painting 298-091- 0 |