Describe legal training for lawyers and judges as being either unified or specialized
1. Chapter 7 of your textbook describes legal training for lawyers and judges as being either unified or specialized. For example, in the United States, law school graduates may practice any type of law without additional training, whereas law graduates in many European countries must choose a specific area of law – including the judiciary – in which they will specialize and receive additional training.
Respond to the following:
- Would the American criminal justice system benefit from the more specialized training approach to becoming a prosecutor, defense attorney, or judge?
- Why or why not?
2. While discussing the concept of presumption of innocence, the note was made of a comparative scholar reportedly saying that if he were innocent, he would prefer to be tried in a civil law court, but if he were guilty, he would rather be tried by a common law court.
Discuss the following questions:
- On what basis could someone make such a statement?
- Do you agree or disagree that the civil legal tradition protects the innocent more, whereas the common legal tradition provides more protection to the guilty?
- Why or why not?
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