The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many. With in this courtroom observation paper I will form two articles and classroom knowledge to show the relevance they play within courts today. First, local legal culture, in "court culture" concept is based on dimensions of solidarity and sociability, the intersections of which create four cultures with associated case management types: hierarchical culture (rule-oriented case management); networked culture (judicial consensus); autonomous culture (self-managing); and communal (flexible case management). The second being, court guidelines and the sentencing structure, how’s it work, and why out comes different areas that defer from Kalamazoo and Southwest Michigan as a hole. In particular, Gallas-himself a former court administrator-thinks that what judges and administrators do within courts is insufficient to explain case processing differences; as he states it, the "local legal culture pervades the practice of law and the processing of c... ... middle of paper ... ...rounding individual offender needs and courtroom management and organizational concerns. Although courtroom actor reliance on different focal concerns is theorized to be uniform across jurisdictions, the relative emphasis and subjective interpretation of these considerations is likely to vary across court communities (Ulmer and Johnson, 2004). This is because "the meaning, relative emphasis and priority, and situational interpretations of them is embedded in local court community culture, organizational contexts, and politics" that vary across courts (Kramer and Ulmer, 2002: 903). From this perspective, judicial departures can be understood as the result of the complex interplay between formally rational guideline recommendations and substantively rational sentencing concerns, based on varying interpretations of different focal concerns across courtroom communities.
Returning to the judicial world of the Bronx Family Court as a judge, after years of working in administration, Judge Richard Ross is astonished to find a distinctly more disjointed situation than the one he left. As he attempts to live out his life as “both the fact finder and arbiter of the law” it is clear the current judicial system does not serve him well (xv). Judge Ross conveys to the reader the fundamental issues of the Family Court system through his day to day happenings which range from endless caseloads to death threats. The use of personal experience is effective in adding credibility to more clearly convey his point that not only the Judges, but the case workers, 18-B attorneys, and various legal aides are overworked to a point
The book, No Matter How Loud I Shout, takes an in-depth look at the juvenile court system in the state of California in the 1990s. Through a colorful narrative story the author, Edward Humes, paints of vivid picture of the how dysfunctional the system truly was. The main focus is on the various ways the system has failed many of the juveniles that it is intended to help. Peggy Beckstrand, the Deputy District Attorney, says it best “The first thing you learn about this place, is that nothing works.” (No Matter How Loud I Shout, 1996, p.31)
For the court observation assignment, I visited the Tolland County Courthouse. I went to court on Tuesday April 4th, 2017 from 11am to 12:30pm. The matters I observed in the courtroom regarded a restraining order from an ex-girlfriend to her ex-boyfriend. The details involved in the case included the welfare of their three-month-old baby and the custody battle.
New York, New York: LFB Scholarly Publishing LLC. Ryan D. King, K. R. (2010). Demography of the Legal Profession and Racial Disparities in Sentencing. Law & Society Review Vol. 78 :
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
There are better ways to punish criminals and protect society than mass incarceration. The state and local governments should be tough on crime, but “in ways that emphasize personal responsibility, promote rehabilitation and treatment, and allow for the provision of victim restitution where applicable” (Alec, 2014). The government also succeeds in overseeing punishment but fails to “…take into account the needs of offenders, victims, and their communities.” (Morris, 2002: Pg. 1 and 2). Alternatives to incarceration, such as sentencing circles, victim offender mediation, and family conferences, can successfully hold criminals responsible while allowing them a chance to get “back on their feet”. Research has proven that rehabilitation has lowered the rate of re-offenders, reducing the crime rate, protecting communities and also saves a lot of
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
It is all too often judges are faced with convoluted challenges. One of those challenges is when they lost their discretion to mandatory sentences. This not only negatively effects the judges, it also effects the average citizen in a negative manner. Furthermore, the aftermath of mandatory sentencing is even more devastating, due to, it assisting in overcrowding prisons with minor offenders. Another issue that has risen, due to, mandatory sentencing is the racial divide in prisons. The next topic discussed will be a possible future if this law doesn’t change. Getting to the main point, mandatory sentencing has quickly become a mandatory dilemma in the United States.
These courts are often complex, involve new partnerships, new roles, and of course new players both in and outside the courthouse. It is important to understand that each problem-solving court will be shaped by local circumstances. As such, problem-solving justice remains as much an uncharted territory today as when it was first introduced.
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
After analyzing the discourse community of law and the detailed process lawyers take in order to write an effective appeals brief, one can see that lawyers have a very specific and unique way of communicating that includes certain jargon unfamiliar and possibly incomprehensible to the general public. Although writing an appeal brief is only one aspect of many that government prosecuting attorneys such as Kenny Elser face in their jobs on a daily basis, it is also a very necessary job because not only is it used by a single discourse community in the law profession but utilized by the discourse community of law as a whole.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,