Perspective: The History of the Tripod of Justice

1. INTRODUCTION

Chief Justice Burger, in coining a now famous metaphor, compared our justice svstem to a tripod. He said that in order lor the wheels of justice i; our adversary system to grind true, it was not only necessary to have a strong trial judge but also mandatory thar the trial judge be assisted in the truth-finding process bv a competent and ethical prosecutor and defense lawver.' The concept, of course, recognizes that if anyone of the thke entities is weak or fails to render the proper service, the tripod will collapse. Each leg of the tripod must be equally strong if our common-law adversary system is to produce justice as the final product. In short, the prosecutor, the defense lawyer, and the trial judge each has duties and responsibilities which must be met if justice is to be attained.

It is axiomatic thar our criminal justice system must not only be lair, but must appear lair to societv. Fundamental fairness and verity in the truth-finding process are essential to our system of

Central to this article are the Standards for Criminal Justice of the American Bar Association which have set forth in black-letter precision the manner in which a trial should be conducted, together with the rights, duties and responsibilities 01 the prosecutor, the defense lawver. and the trial judge. The Standards represent an intricate, inierlocking set of rules which balance advocacy with fundamental fairness and the ethical requirements of the legal pro- 'This article w s adapted irom the thvd Kenneth J. Hodron Criminal Lnv

Lccrurc II The Judge Adrocire Genenl'r School on 24 Jinurry 1971. The views emrcired are thox of thc aurhor and do not neccmirdîe~resanr the \iews of my

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govarnmenrrl ngency.

Airmiarc Justice, Supreme Gun of Colorado.

1 Addreri by Chief Jutice Warren E. Burger. Second Plenery Scman Amcricm Bir Arraciition Anvil Mecring. July 16, 1971. See dm Burger, The Spacial Skdhof Adrocicy-Are Spccdzed Training And Certificrrion oi Adracsrei Euinrial to Our System of Jusnce, John F Sonnerr Memorial Lcctyre, Fordhim Law School (Nov. 26, 1973).

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Gaia I. Zlayden, - L S. - (1973)

fession. In inrerprrring the S...

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