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Court Issues Analysis

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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 makes it that much harder to understand and/or be understood if not impossible. Although there are a variety of cultures within the United States, the primary language spoken is English. With all the different cultures that do not speak our primary language; to ensure equality of an unbiased and fair judgment, the court systems need to have readily accessible proper interpretation. Alfisi (2013), “To remedy this, some courts, including the Superior Court of the District of Columbia, offer materials in languages other than English and provide interpreters. Unfortunately, courts often face a shortage of interpreters who are qualified, have had training, and passed an exam to prove they have the skills necessary to work in a courtroom setting” (Interpreters in the Courtroom).
Impact of Victims’ Rights Another issue that is currently debated over within the criminal court system is that of victim’s rights. The judicial system must remain fair to all parties involved; court officials, victims, defendants and even those that are offenders and have been charged. Within the court system whether criminal or civil, it is against the law to be bias because you are on a certain side of court room. For example, just because one is being charged and one person is the victim both sides should be given a fair chance and treated accordingly. In the past, the judicial system focused mainly on punishments instead of procedures and rehabilitation. More simply defined, during the legal court proceedings, the victims experience of being victimized was often an afterthought. Non-consideration as the resources of jurisprudence is dedicated in finding out whether or not the alleged accuser is guilty of innocent. This type of thought process of course created an issue. During this time the criminal court system proceeded from an innocent-until-proven-guilty disposition. In the past it was quite difficult to maintain the objectivity required of the courts and also have the ability to attend to the needs, rights and sensitivities of the alleged victim. The courts had to be ruthless to the accused but at the same time show compassion for the victim. These types of situations eventually created an issue where the advocacy of victims’ rights would emerge as a critical area of need where court management is concerned. The criminal court system implemented a new law, “in 2004, the movement to redraft the Sixth Amendment achieved a partial victory when Congress passed the Crime Victims’ Rights Act (CVRA), which pledged that these rights to be present and to be heard would be implemented in federal court proceedings” (Muraskin & Roberts, 2004). Over the decades Victim’s rights have emerged as a new trend within both the civil and criminal court system. Victims are now given the rights, prior to sentencing, to intervene in cases. In the future, in order for the courts to be effective, they must understand the changes and emerging trends. Courts will begin facing case loss to more potential private sector of courts; mediation and arbitration. Sobieski (n.d.), “The victim's perception of the justice process and willingness to participate is often influenced by this contact. If law enforcement officers fail to provide victims with sensitive and compassionate treatment at the time of the crime and during the investigation, victims may refuse to cooperate and thus, hinder the law enforcement agencies' ability to make arrests”(para.14).
Conclusion
Although the judicial system constantly evolves so does society. The court systems today will only remain effective and embrace improvement if society does the same. Law enforcement officials are often viewed negatively by society because law enforcement is known for making contact with communities when a crime of some sort has been committed. In order for society to understand the judicial system they must first understand how their actions and views impact it.
Reference Page
Alfisi, K. (2013). Language Barriers to Justice. Retrieved from http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/april_2009/language_barriers.cfm
Muraskin, R. & Roberts. A.R. 2009. Visions for Change: Crime and Justice in the Twenty-First Century, 5th ed. Upper Saddle River, NJ. Pearson/Prentice Hall.
Sobieski, R. (n.d.). Impact of Victims Rights. Retrieved from https://www.ncjrs.gov/ovc_archives/reports/impact/impact.htm

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