...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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...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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...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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...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 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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...How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to “brief” a case, read the case at least once. Follow the “IRAC” method in briefing cases: Facts* Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps...
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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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...student (and new lawyer), you will receive legal problems and will be asked to analyze the problem and write up the results of that analysis. The typical vehicle that lawyers use to do this is the legal memorandum. When you write a memorandum, you will make use of the several analytical skills you have been developing. This handout explains the form and content of a legal memorandum. II. PURPOSE OF A MEMORANDUM A legal memorandum is a document written to convey information within a law firm or other organization. It is a written analysis of a legal problem. The memorandum is usually prepared by a junior attorney or by a law clerk for a more senior attorney early in the firm's handling of a legal dispute. The writer analyzes the legal rules that govern the issues raised by that problem and applies those rules to the facts of the case. These memoranda prepare attorneys to advise clients how to proceed, if at all, with prospective business dealings or litigation. The memo must be complete and objective including both the rules and facts that help the client and those that do not. In concludes with a considered opinion of the likely outcome on each issue. The attorneys will then use the memo to understand the issues that the case raises, to advise the client, and to prepare later documents for the case. Office memoranda present an objective analysis of a legal problem for use inside a law firm or legal institution. A business client may have questions about the future conduct...
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...damages and $400 for actual damages. The trial court halted the verdict decision citing that no actual physical contact was made with the plaintiff. Issue: Did the trail court hinder the verdicts decision because there was no actual physical contact with the plaintiff? Can actual damages from mental suffering be accounted even though...
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...Court Issues Analysis Annali Zieroth CJA/394 October 29, 2012 Troy Hokanson In the following paper there will be an analysis that identifies the current issues facing courts and the court administrators today such as the delays, congestion, and backlog and how these issues can affect the court system. This paper will include a discussion on the future management issues and trends regarding language interpretation services that can impact the court system as well as the court system process. There will be discussion on the past, present, and future impact that the victim rights laws have on court proceedings. Current Issues Facing Courts Today The current issues facing courts and court administrators today is the serious problem of backlog, delay, and congestion. This causes more problems in the court system because it seriously threatens the quality and dignity of justice due to the courts falling behind in their work and then them trying to speed up and process as many cases as possible. The court systems are not designed to do quality work while under stress, nor are they designed to work quickly through their cases. When the courts attempt to do their work quickly, mistakes of all sorts can occur in what is called the assembly-line justice. To begin with, prosecutors will start dropping cases for no apparent reason this is called nolle prosqui in addition to cases where the prosecutors may think the police have not obtained enough evidence to make a case (Court Issues...
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...Briefs: I. 1. Title: International Shoe Co. v. State of Washington (p. 46) Judgment at trial in the Supreme Court of Washington for Washington State; Defendants appeal. 2. Facts: International Shoe Co. a corporation that manufactured footwear only in St. Louis, Missouri, yet it did sell its products nationwide. Including Washington State, where it send its salespeople. Who even though were not authorized to collect payments from the customers still were involved in renting spaces in hotels and businesses, display of sample products and taking orders. So when Washington State sought contributions to the state’s unemployment fund and did not get them, it sued International Shoe who argued that it was not engaged in business in the state. 3. Issue: Did International Shoe have sufficient minimum contacts in Washington State to permit jurisdiction there? 4. Rule: Yes. Minimum contacts with the forum state can enable a court in that state to exert personal jurisdiction over a party consistent with the Due Process clause. 5. Analysis: The activities carried on by International Shoe Co. in Washington were systematic and continuous rather than irregular or casual. The defendant received the benefits and protection of the laws of the state and is subject to jurisdiction there. 6. Conclusion: Judgment affirmed; the state may maintain the present suit to collect the tax. II. 1. Title: Stinton v. Robin’s Wood, Inc. (p. 57) Judgment at...
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...CONTRACTS PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY, ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case, * Properly structured facts of the Case, * Issues before the Court, * Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the Decision of the Court, * The reasons as identified by the Court for its Decision, * Your analysis of whether the issues were framed properly or not, * Your analysis as to the correctness of the reasoning of the Court and * Your Opinion on the impact of the decision on the Law in general. The Law as it stood before the Case Pre-existing Duty Rule: This case was decided on the basis of Principle of CONSIDERATION under the existing Law of Contracts and the law was same before the ruling of this case. When a seaman is bound by his contract of service to serve for a particular voyage, a promise to increase his wages, unless there is increased duty or hazard, does not bind the promisor.2 It is otherwise, however, if the promise...
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...appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) for end-of-semester review for final examinations, and (3) for writing and analyzing legal problems. Do not try to memorize case briefs. Learning law is a process of problem solving through legal reasoning. Cases must be read in light of the series of cases with which they appear in your casebook or on the class syllabus. III. Briefing a case: The steps Although the exact form of your briefs may and can vary from case to case, the following parts should appear somewhere in your brief in a way that helps you understand the case and recall the needed information. 1. Read through the opinion first so you will understand the overall story and identify important facts, etc., before beginning to brief the case on paper. 2. Heading: a. b. c. d. Case name (to identify the parties) Court name Date of the decision Page number where the case appears in the textbook 3. Statement of Facts a. b. Identify legally relevant facts, that is, those facts that tend to prove or disprove an issue before the court. The relevant facts tell what happened before the parties...
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