...Court Issues Analysis “The primary function of American criminal courts is to determine the legal guilt of the accused—that is, to determine if a person is guilty beyond a reasonable doubt of committing a crime”, they essentially take over where police left off (Robinson, 2009). Though courts do much more than find people innocent or guilty, they also are “responsible for determining bail, conducting preliminary hearings (or grand juries), ruling on the admissibility of evidence, and determining the appropriate sentence when a finding of guilty has been reached” (Robinson, 2009). Though they perform many functions for the criminal justice system, there are many issues still facing the courts today. In this paper I will be identifying the current and future issues facing courts and court administrators today. I will also be discussing future management issues and trends regarding language interpretations services, as well as assessing the past, present, and future impact the victims’ rights laws have on court proceedings. There are many current and future issues facing courts and court administrators today. One problem that some may beg to differ would be the use of plea bargaining in our court system. “Shockingly, more than 90% of felony cases in the United States in any given year are disposed of via plea bargaining” (Robinson, 2009). Criminal trials are a way of determining the innocence or guilt of those in question, whereas plea bargaining is where the accused plead...
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...Court Issues Analysis CJA 394 August 06, 2012 Court Issues Analysis The court and court administrators are faced with numerous issues on a daily basis; everything from the crimes being committed, the language barriers, victims’ rights, and budget related issues just to name a few. The language barrier issue is one of the major challenges faced by the criminal justice system and administrators. The Administrative Office establishes the standards and guidelines for selecting and using interpreters in federal court proceedings (Interpreters Act 1978). Issues Courts and Administrators Face Perhaps the issues courts and administrators face in the courts today is the congestion, backlog, and delay in cases awaiting proceedings. This is a serious issue for courts and administrators in that due to the growing backlog cases may not receive the best of the justice system. Administrators may find themselves rushing through cases to get as many cases processed as possible. This can result in mistakes being made because the courts are not designed to function under such pressures and therefore errors occur in what is referred to as the assembly-line-justice (Stevens, 2004). Because of the stress prosecutors are under cases are dropped without a reason, this is known as nolle prosqui, according to The Free Dictionary it means "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either...
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...Court Issues Analysis Introduction Some courthouse issues that are taking place in this day and may be around in the future are due process and the crime control model, violence in the courthouse, language interpretation, and the dilemma of delay. Some other courthouse issues include should the exclusionary rule be banned, and does plea bargaining belong. Courts and their Administrators’ Current and Future Issues Due process is a citizen’s right to justice same as when a person is presumed innocent, which protects the accused rights. With due process, each court case must involve formal fact finding(s) to uncover mistakes that were made by police and/or prosecutors. The crime control model is a breakdown of a person responsibility and defendants are presumed guilty. There are two types of courthouse violence. One of them is non-targeted violence, which involves an individual who does not have any intention that he/she will act out and become violent. When this person act is this type of manner it is most likely because the outcome of the court case, that is when anger take over. The most violent incidents came from this type of courthouse violence. Targeted violence involves someone who intend on causing harm or starting something in the courthouse. This type of violence is obviously premeditated and the attacker normally tries to avoid any other confrontations because they want everything to go as planned and unnoticed. In order to make security better in courthouses...
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...Court Issues and Victims’ Rights Court Structures and Issues In the 1920s, one of the reasons for the creation of municipal courts was to relief the congestion of cases within the superior courts. The 1998 decision by California to eliminate municipal courts was to provide more judges at the superior court level. The thought was that it could help reduce the caseload at superior courts. Therefore, 70 years later we are back to the way it was before. Many dynamics lead to those two decisions. Criminal behavior in our society continues to change and public pressure drives the need to change laws. Both those changes were made for different reasons and had merit when they were being implemented. There are advantages and disadvantages to the 1998 proposal to consolidate. In addition, to implement the change the court administrators needed to take actions that would help make the consolidation work. Caseloads are still on the rise so an additional recommendation was to create specialized courts that benefit the community. Advantages of Consolidating Municipal and Superior Court The state funds trial courts. Depending on the jurisdiction, those courts are called city courts, municipal courts, county courts, circuit courts, courts of common pleas, district courts, or magistrate courts. Technically, most of the lower courts are not part of the state judicial structure because they are the creation of, and funded by, either city or county governments. In several states, judges of...
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...Court Issues Analysis January 30, 2012 CJUS/394 Troy Hakonsan Court Issues Analysis The courts system is defined as an impartial judiciary body. The courts purpose is to assure that offenders of the law receive the fairness of treatment in relations to criminal procedures, polices, trials, and sentencing. The ideal court system would consist of one that has overall operations that are impartial on all levels of criminal proceedings. This begins with the arresting officer he or she should be fair in booking, writing reports and testifying in court no matter how wrong the offender may or may not be. An offender that chooses a trial by judge places their fates in the hands of the judge. The judge must be impartial no matter the nature of the crime as well. Only in a ideal world this could exist. The financial strain that would be placed on the criminal justice system would be the contributing factor that would push the courts systems back to current roles. There would need to more enforce of the law and support staff for each and every offender to receive true impartiality in criminal proceedings. Immigration and cultural diversity among the 1900’s and next century are the nation’s most significant trends. The United States of America in 1900 showed that 32 million were the estimated home speakers of non-English languages. This trend will be a continuous growth. With this growth there will be a need for a more diverse court system. Diversity is continuous battle for...
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...Court Issues Analysis Monique Norman CJA/394 April 15, 2014 Professor Mary Young Court Issues Analysis Courts in the United States have a tremendous task of setting the standard for justice in America. To some, this task may be considered easy but there are those that understand that this job comes with a heavy challenge. Compound the rise in crime, budget issues and language barriers and one can see that the court systems are held together by a loose piece of thread. This paper however will focus on one of the many challenges that the criminal justice system is facing now regarding language interpretation while giving an in through evaluation of victims’ and their rights and the impact it has made in court system. Present and future issues facing courts and court administrators Preparing for the future is a grand challenge to any institution or department. It requires enthusiastic, knowledgeable staff and managers to set goals, expose challenges, and think of innovations. Court administers are responsible for ensuring that strategic occurs, and frequently. “Strategic planning has been defined as “a systematic, interactive process for thinking through and creating an organization’s best possible future. It is an essential element of sound management for any organization. Over the course of about twenty years, strategic planning has become a fundamental component of court management in judicial systems throughout the United States and around the world” (Martin, 1992)...
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...Court Issues Analysis Court Issues Analysis The court has had many issues that have begun in this present time and some that could possibly become issues in the future in the court system. One issue is the fact that everyone in the United States doesn’t speak the same language. Another issue that has been around in the court system for a while is the issue of the victim’s rights and how they affect the court proceedings. Over the past century there has been an issue developing in the court system in regards to non-English speakers. With the language issues in the court, the court system has run into some issues with meeting constitutional requirements with regards to fairness, equal protection and the right to cross examine any witness involved in the court proceedings. In some states there has been a law developed that says that an interpreter must be present to help with any non-speaking English parties in the court proceedings. In many situations the interpreter is not qualified to be involved in the court preceding which could cause issues for the defendants or the witnesses. Many studies have been done concerning issues with languages, racial and ethnic minority issues in the court system. Both studies were able to show that there were some major issues in the area of due process and equal protection for anyone that would be considered non-English speaking in the court system. Another study was completed that would show four areas of problems in the court system. ...
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...Court Issues Analysis University of Phoenix Miguel A. Gomez III CJ/394 – Criminal Organizations SC11BCJ06 February 13th, 2013 Carl Heintz, MBA United States Courts In today’s society change is more prevalent than ever. The courts system in the United States has also changed over the course of history. As society gets larger and current laws and regulations become outdated, the courts must re-evaluate their past and current issues in preparation of the future. Currently, issues such as tougher gun laws and juveniles being tried as adults are some examples of what the courts face, along with a vast variety of other important issues. Briefly, this report will examine current and future issues as they revolve around the courts system of the United States and court administrators. This report will examine the following issues: juvenile tried as adults and tough gun reforms. Historically, the United States of America has become the destination spot for many immigrants seeking the “American Dream.” With many different languages being spoken, the courts must provide a means of language interpretation. In regards to language interpretation services, this report will underline future management issues and trends as they relate to the courts. In the past victim’s rights were non-existent; victims and their families were not allowed to obtain any information regarding court proceedings, let alone be present in the courtroom. Victims did not receive any assistance until the mid...
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...Court Issues Analysis Introduction Management and administration of criminal courts are filled with many obstacles and challenges. Depending upon the geographical context of the court and whether, many of the challenges the courts within the judicial system face are making sure laws are being followed, resource shortage, balancing local ordinance with constitutional law and ensuring society understands these ordinances and laws. The judicial system is one that continues to change and evolve with time. Although the judicial system has changed for the better as opposed to when it was first established, there are many issues that administrators in the criminal court system face today. Throughout this paper I will discuss these issues as well as access the past, present and future impact those victims’ rights laws have on court proceedings. One of the issues the criminal courts face today is the question of whether or not the judicial system is effective due to the arising issue of language barriers. How can one legally understand their rights if they don’t understand what’s being communicated to them? Can one defend or explain themselves if they are unable to communicate? The answer is no. Language Interpretation Issues and Trends Language interpretation is an issue within the court system that has always been around. Understanding the legal system and all the many laws alone can be a confusing process for anyone. Having a language barrier just...
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...The Social Control Theory is a theory that is cited widely in criminology. The idea of the theory itself has been represented and explored by Travis Hirschi, an advocator of Right Realism. The Social Control Theory examines social behavior under the watchful eye of a controlled society and the ensuing reduction in anti-social behavior. The Social Control Theory states that no society can criticize criminal activity without appropriately accepting its responsibility towards the same. What this basically states is that the majority of delinquent behavior stems from the unmonitored social control by primarily family, but also the law enforcement. When a minor is brought up or raised in a positive environment then the social norm would yield a positive outcome. However, a minor can easily become a delinquent if the set norms for that environment encourage minors to break the law. The Social Control Theory also highlights the internalization of values and opportune monitoring and guidance of behavior as the leading causations responsible for what some deem as an ideal society. One of the ideas that are presented in the Social Control Theory is that one must have an omnipresence in the community. Travis Hirschi believes that having an omnipresence significantly reduces the urge to behave in an unruly manner, and suppresses deviant behavior willingly. The Social Control Theory states ways to organize the control mechanisms that are already...
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...I. Introduction “Justiciability” issues are unique to the United States federal courts. These elements are threshold standards, failure to meet them will lead to dismissal. Therefore, it is crucial that potential parties are aware of the multitude of doctrines associated with justiciability concerns. Justiciability “roughly signifies that litigation is in a form appropriate for adjudication in federal court.” If a plaintiff fails to meet these standards they will not have their case heard in federal court. However, mere awareness is not enough to fully understand the nuances correlated with each doctrine. Additionally, a thorough study shows the necessity of a unified approach. An attorney in federal court must keep in mind that any justiciability analysis cannot take place in one specified doctrine. Instead, because of the Court’s treatment of the subject matter, all the doctrines must be considered. Issues of justiciability can blend together depending on the facts of the case and issue at hand....
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...Court Issues Analysis Luria Davis CJA 394 May 30, 2011 Professor Hollis Severns The Hon. Mme. Justice Desiree Bernard, O.R., C.C.H stated that the organizers of this 14th Commonwealth Law Conference on the choice of the theme “Developing Law and Justice” and the various streams which include human rights and corruption within the Courts, issues which are inter-related and important in the administration of justice (The Hon. Mme. Justice Bernard, D., O.R, C.C.H, 1992). This impact the overall operations of the court system by making sure that whoever is on board of a particular case the judge, lawyers, and the officer must treat the individual fairly know matter how wrong the suspect is. That means their can be know bias act against the criminal. This is apart of the International Human Rights treaties. This may cause more finances to be implement and very time consuming, because each suspected human being that is sentenced to a court hearing is entitled a full equality to a impartial and public hearing. The individual is also entitled to an independent tribunal within the fortitude of his or her rights and obligation of a criminal charged against the suspected. The interrelated ones of immigrating and cultural diversity among the 1900’s and next century are the nation’s most significant trends. 12.6 percent of our nation’s population was estimated in the 1900’s. The estimation showed that 32 million were the estimated home speakers of non-English languages. The National...
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...Court Issues Analysis University of Phoenix David Hunt CJA/394 March 7, 2013 Timothy English Court Issues Analysis According to Muraskin and Roberts (2009), one strong current that emerged during the latter part of the twentieth century was the quest for personal safety, stability, and risk reduction in an otherwise unpredictably dangerous world. Crime prevention programs on a societal level tackle the social roots or social conditions that breed lawlessness. Victimization prevention strategies have much more modest goals: to reduce the odds of violence and theft faced by specific individuals, small groups, and communities. Commercial interests have discovered that crime victims constitute a significant group of consumers of goods and services that allegedly will help reduce the risks of being harmed physically, emotionally, or financially, and speed recovery. The market will surely expand for high-tech victimization prevention gadgetry and private security, protection management, and loss prevention services. Already, the ranks of police departments, sheriff’s departments, and other local, state, and federal law enforcement agencies are reinforced by a growing number of security consultants, private detectives, and personal bodyguards along with night watchmen, store detectives, hotel detectives, chauffeurs, even doormen. Antitheft devices already abound and will become even more commonplace. Alarm systems are being sold as standard equipment on vehicles, boats,...
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...the eminent domain power is limited by a clause in the Fifth Amendment of the constitution, which states “nor shall private property be taken for public use, without just compensation”. Long established purposes for the eminent domain power have been for the building of roads and public buildings, but it has become increasingly common for state or local governments to use the power for redevelopment projects. The city of New London, Connecticut established a private development corporation to redevelop a neighborhood near the shore of Long Island Sound with the goal of revitalizing the depressed area. A group of home owners, who lived on the targeted land, including Susette Kelo, decided to fight the issue rather than allow their homes to be destroyed. The Supreme Court case of Kelo v. City of New London established that eminent domain can be used for economic redevelopment projects. The U.S. Supreme Court's 5-4 ruling against the homeowners established that the Fifth Amendment's "public use" requirement is merely a "public purpose" requirement. The City of New London only needed to anticipate that the public will benefit in some way in order to justify a given use of eminent domain. New London anticipated that its redevelopment project would generate local jobs and increase tax revenues, and this was sufficient for the...
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...related to expert evidence identified by the court in this case. Facts Mr Hawchar, the respondent claimed damages from his employer, Dasreef Pty Ltd, the appellant as he was diagnosed with silicosis allegedly caused by the unsafe working environment. An expert, Dr Basden was retained to provide a report centering on the foreseeability of the alleged injury claimed by Mr Hawchar and procedures that Dasreef could take in reducing the risk of injury. The case originated in the Dust Diseases Tribunal where the judge relied on the estimate of the expert evidence in calculating the levels of silica Mr Hawchar was exposed to. This led to a finding that the level of exposure exceeded the applicable standard and was appealed by Dasreef before the Court of Appeal as to the admissibility of the expert’s report. The Court of Appeal dismissed the appeal on the basis that the estimate provided in the report was drawn from the expert’s experience, and thus admissible. The admissibility issue of the expert evidence was then brought to the High Court before the judges, French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ with Justice Heydon dissented from the majority. It should be noted that the majority analysed the admissibility issue under the Evidence Act while Justice Heydon took a different approach by taking into account the common law requirements. The following sections discuss the admissibility requirements identified by the High Court. Relevance According to paragraph 31 of...
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