...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). Although there is more to the court system other than finding individuals innocent or guilty much, the courts are also responsible for establishing bail, operating preliminary hearings, ruling on the admissibility of evidence, and determining the proper sentence when a guilty verdict has been obtained. Though they perform many functions for the criminal justice system, there are many issues still facing the courts today. This analysis will discuss in detail, the current and future issues encountering courts and court administrators today. Also future management issues and trends concerning language interpretations services will be discussed, in addition to assessing the past, present, and future impact the victims’ rights laws have on court proceedings. There are several current and future disputes facing courts and court administrators today. One major factor that some may hold opposing views 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 responsible for determining the innocence or guilt of those in question, whereas plea bargaining...
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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 “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 The United States has two distinct courts; state and federal. Federal crimes are heard in the federal court and state crimes are heard in the state courts, and if crimes are both state and federal violations the case is often heard in both courts. Many issues are dealt with by the courts and the courts administrators. Current and future issues that courts and courts administrators face are; budget cuts, new technology, privacy issues and lack of training. Of course there are other issues faced on a daily basis, these are a few that have a long term affect on the criminal justice system. The criminal justice system is very important to continue to keep society safe and orderly, without it there would more than likely be a lot of chaos and disorganization. Citizens of society look to the criminal justice system to keep them safe, and the courts are depended upon to ensure that constitutional rights are not abused and to carry mandates of the state and the United States constitution. The largest issue that the courts and courts administrators face currently is budget cuts, and this issue will affect the future as well. In 2011 the House of Representatives approved a budget that reduced funding by eight percent with a previous budget cut of thirteen percent in 2009 (Cavan, 2010). A reduction in funding has an impact on employees, administrative duties and cases. Employees of the court system are affected the most by budget cuts, with...
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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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...On September 15th, 2015, I attended the General District Court of Williamsburg and observed an hour of the Court’s proceedings. The only background knowledge I have, of what Court proceedings may look like, all comes from watching hours of Law and Order: SVU. While sitting and observing the Court interactions, I focused on the criminal procedures being discussed during each case and the overall “culture” of the Court in regards to the judge and the two attorneys present for each case. In total I saw seven court cases presented before Judge Killilea. In television shows criminal procedures are long and rigorous. There is a lot that takes place between the arrest of the criminal and the court debates that last for hours or even days to determine...
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...Statistical analysis of hamilton county court system 1994-1996 Summary of purpose On Sunday January 11th 1998 The Enquirer of Cincinnati Ohio released an article by Kristen Delguzzi entitled, “Courtroom errors undermine justice.” This report summarizes and ranks each court and judges’ ruling in Hamilton County from 1994 to 1996. Each Judge is ranked on frequency of having a ruling appealed and the frequency of handing down an unlawful judgement. These rankings are subdivided into quartiles of how accurate each judge was in their ruling, the higher the ranking the more accurate that particular judge was. This study found that older judges were making the majority of the mistakes. After 28 years judge William Morrissey retired in 1996, however, in the three years prior he had 22 reversals. Judge William S. Mathews a veteran judge of 27 years had 18 reversals in a two year time span. While the two newest Judges Beth Mattingly and James Patrick had only one reversal apiece in 1996. Experts have pointed to burnout of the judges being the lead cause to judicial mistakes. (1) dATA AND RANKING 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile Common court * indicates judge was not with court system during the entire duration three year duration of investigation Rank | Judge | Frequency of Appealed | 1 | Ralph Winkler | 0.028488 | 2 | Timothy Hogan* | 0.030706 | 3 | Patrick Dinkelacker* | 0.034976...
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...Court System Analysis Patricia Morse AJS/504 June 8, 2015 Deana Bohenek This is an interview with Justice Tom C. Clark one of the nine Justices for the United States Supreme Court. The case Miranda v. Arizona was argued February 28, March 1st, and 2nd 1966 the decision was June 13th, 1966. The vote was 5 to 4 in favor of Miranda v. Arizona. Q. Where did this case originate? Mr. Justice Clark Miranda v. Arizona originated in Phoenix Arizona, when Ernesto Miranda an immigrant was arrested for kidnapping and rape, he was taken into custody and question for two hours by police until he confessed. What the police did was not inform Mr. Miranda of two rights he is entitled to. The 5th and 6th Amendment, the right to protect himself against self-incrimination and the right to have counseling. The case went to court, the prosecutor used his confession as evidence along with other evidence. Miranda was convicted and sentenced for 20 to 30 years in prison. Q. Were there any other cases similar to this being considered by the United States Supreme Court? Mr. Justice Clark Yes three others Virgira v. New York, Westover v. United States, California v. Stewart, all three of these cases were based on the accused were not informed of their 5th and...
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...has departed from the rulings of Circuit Courts as it did in 2014 in In the Matter of Flannery and Hopkins, the answer is that the SEC has a history of non-acquiescence with the rulings of the Circuit Courts. In 1963, in response to a decision by the Second Circuit, Grayson-Robinson Stores, Inc. v. SEC, 320 F.2d 940 (2nd Cir. 1963), the Commission released a “Statement of Nonacquiescence,” stating its hostility toward the Second Circuit’s ruling and began re-litigating the issues underlying the case both in and outside the Second Circuit refusing to treat the Second Circuit’s decision as dispositive. The SEC continued to refuse to follow the Second Circuit’s ruling in Grayson until the Supreme...
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...Domestic Violence Specialty Court Analysis and Effectiveness What is the leading cause of injury to women? It is domestic violence not rape, not car accidents, not muggings. Domestic Violence statistics are so bad that they do not even look real. A women is assaulted every 9 seconds, three women are murdered due to domestic violence and between 3- 10 million children witness domestic violence every year. Domestic violence is so apart of culture that 1 in 5 teenage girls are threatened by their boyfriend when she suggests breaking up with him. The worst part of domestic violence is that over half of all victims never contact the authorities or shelters for help. (“Domestic Violence Statistics”) Since money has and will always be a major part of domestic violence s courts, domestic violence costs more then 37 billion dollars a year when you add up law enforcement costs, medical and mental health treatment and lost productivity at companies. (“Domestic Violence the Stats”) Domestic violence specialty courts aim to solve the growing issue in this country. These courts want to lower recidivism rates, and make more women and children safe. The courts have supporters and people who are against them, but these courts are so new no one really has the authority to judge one side or the other. I have decided to look into how affective these courts are and if they are helping keep more people safe and helping offenders become valuable and good members of society. Before I go into...
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...in Santa Clara County. According to the Santa Clara County Superior Court of California website, small claim courts are courts in which plaintiffs can resolve their disputes in the quickest, easiest, and cheapest ways. Small claim courts also have procedures which are straight-forward as well as an informal hearing as part of their process. The form which the plaintiff obtains to file a small claims court against another person, also known as the defendant, is on the website for the California Judicial Branch. When you go to that website, you go to the “Forms and Rules” tab and click on the link for the “Browse All Forms” page. There, you go to the...
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...The Analysis of Law and Courts in Today’s Business Environment Tabitha Merkow ETH 321 10/13/2014 Laurie Wicker The Analysis of Law and Courts in Today’s Business Environment In today’s business environment there is no exact definition of law. Law is a set of rules, standards and principles that outlines the behavior we practice in business. The legal system is a major institution that assists us in defining acceptable social behavior. Laws limit the activities that are not in the best interest of the public. All people have different values and desire different things in life laws act as a way to dispute resolution. Laws play a role in maintaining honesty and integrity in a social environment. The legal system is a tool used to implement changes in acceptable behavior. Laws and courts have many purposes in today’s business environment for example consumer protection, employee protection, environmental protection, and taxation. The laws government enacts are a way to enforce rules. The government’s role in business is to protect consumers from bad business practices by enforcing rules, regulations and laws that the businesses have to go by if they want to practice business. The government is also responsible for protecting the employees that work for these businesses by making sure they provide a safe work environment and that they are protected against discrimination. The environment has to be protected from...
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...The creation of the federal court system has been compounded from the time of its creation in the United States Constitution (Neubauer and Fradella, 2009). The debate over the powers and the level of influence that the Federal Court System holds has been formed on the lines of the federal powers verses states powers and each of their supporters over time. The first court created at the federal level was the Supreme Court. The Supreme Court was established as the highest court in the land that would have to hear a trial case involving issues between the United States Government and states, two or more different states, treaties, and constitutional issues (Neubaruer and Fradella, 2009). The Supreme Court would also pick appeal cases that it would hear that concerns legal matters and problems of the day that it deems necessary to evaluate. These last cases must meet the rule of four set by the members of the Supreme Court meaning that at least four judges out of the nine on the Supreme Court must agree to hear the case in question....
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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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