Essay PreviewMore ↓
dual court system?
A. The dual-court system is the result of a general a agreement
among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in deciding issues of state law unless there is a conflict between local or state statues and federal constitutional guarantees. When that happens, claimed violations of federal due process guarantees especially those found in the Bill of Rights.
B. Could the drive toward court unification eventually lead to
monolithic court system? Would such system be effective?
No, the drive towards court unification could eventually lead to a monolithic court system because the would give the federal court system too much control and besides, state legislative would make the better decision when it comes to the needs and local affairs. This would not be an effective solution because the system is too complex. The state legislature is better fit to make right decision about local affairs.
Q2. Chapter 8 says that 90% of all criminal cases carried beyond
the initial stages are finally resolved through plea
bargaining. What are some of the problems associated with
plea bargaining? Given those problems, do you believe
that plea bargaining is an acceptable practice in today's
criminal justice system?
A. The problems associated with plea bargaining are entered
pleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual
How to Cite this Page
"Dual Court System Q&A." 123HelpMe.com. 20 Mar 2019
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- In a governmental context, it can be argued that a court system that does not present a unified position when dealing with legislative and executive branch entities is not, in fact, an equal branch of government. The court system, as a whole, and the Supreme Court itself, in most cases where it is involved, want and need to speak in one voice, with a unified message. This, however, is not always the reality that we see. There are sometimes cases where the justices cannot agree on the outcome. Although the outcome favored by the majority always prevails, the dissenting sometimes choose to voice their disagreement in a public opinion in order to advocate for a different policy they themselves... [tags: Law, Appeal, Court, Court systems]
1238 words (3.5 pages)
- Exam Two Question One Question Two The Red-Backed Jumping Spider (Phidippius Johnsoni) is found in Western North America and has been introduced to New Zealand with contaminated imported table grapes. They undergo gradual metamorphosis. They spin tubular nests out of silky thread under fallen logs, rocks and other debris on the ground. They hunt using sight so they are diurnal and mostly stay inside their nests at night. Their nests also provide havens in which molting, egg laying and hatching can take place, and offer protection against the elements.... [tags: Q&A]
1213 words (3.5 pages)
- CRIMINAL COURT SYSTEMS 1 Criminal Court Systems James M. Hogan Columbus Technical College CRIMINAL COURT SYSTEMS 2 Abstract Through research, time in class, and some general knowledge I have learned that there are 3 main parts to the federal court system of the United States. You have the District Court, Circuit Court, and last but not least the Supreme Court.... [tags: Supreme Court of the United States, United States]
1236 words (3.5 pages)
- 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.... [tags: Supreme Court of the United States, Law, Judge]
1988 words (5.7 pages)
- The Texas court system is structured and well organized but might seem quite confusing at first. There are different types of courts in Texas, which are the municipal courts, county courts, county courts of law, district courts, appeal courts, and the highest courts. All of which contribute to the state of Texas and help the community establish a well organized place to live upon. These court systems play a huge role in the safety of the citizens. There are Local Trial courts of limited jurisdiction called municipal courts and Justice of the Peace courts.... [tags: Court, Appeal, Law, Appellate court]
704 words (2 pages)
- Do you feel that culture follows strategy or does strategy follow culture. Strategy is viewed as a social process, albeit a complex one. The nature of an organization and its culture constrains what is possible, predisposing the strategic process to certain channels and certain outcomes. Strategy is about integrating disparate elements of the social web and finding common interests among those elements. It is about conserving what the enterprise already has and using its resources to its best ability.... [tags: Q&A]
602 words (1.7 pages)
- systems that adequately fulfill the need of the state’s interest. In Puerto Rico, the geography creates a special need, therefore, multiple lower courts are imperative. The lower court system will entail a lower municipality court and the small claims court. These courts will be based on the jurisdiction size and location, while still following the standards of the Puerto Rico Constitution. Besides municipal courts the lower courts will also entail small claims courts in order to relinquish the larger caseloads in the intermediate court system.... [tags: Judge, Court, Trial court, Appellate court]
1348 words (3.9 pages)
- 1. Identify and describe four reasons for the rise of polity in agrarian societies. To facilitate decision-making To organize collective action To effect military action To resolve conflict and promote a civil society To manage the economic surplus 2. According to Jared Diamond’s argument in “Guns, Germs, and Steel”, where did food production first occur and why did it occur there. The earliest agrarian societies, what everyone calls “civilization” began in the Fertile Crescent because that place offered people a “package” of plants and animals that could be domesticated.... [tags: Q&A]
753 words (2.2 pages)
- Plea bargaining is a tool used in the court system for the benefit and detriment of the accused for numerous reasons. Additionally, the Crown will use plea bargaining for their benefit as well. For the purposes of this paper I intend to focus on the benefits and risks for an accused person to accept a plea bargain. Plea bargaining is an agreement between the Crown and the defendant in a criminal case. The Crown gives the accused an opportunity to plead guilty to a lesser charge for a lighter sentence or; to the same charge with a lighter sentence than the maximum sentence the Crown would have sought in a trial setting.... [tags: Crime, Criminal law, Court, Law]
1079 words (3.1 pages)
- The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come.... [tags: United States Supreme Court, Court System]
1506 words (4.3 pages)
Q3. What is an expert witness? A lay witness? What different kinds of testimony might they provide? What are some challenges of expert testimony?
A. An expert witness is a person who has knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Lay witness is an eyewitness, character witness, or other person called upon to testify who is not considered an expert. Expert witness testimony demonstrates their expertise through education, work experience, publications, and awards. Their testimony at trial provides an effective way of introducing scientific evidence in such areas as medicine, psychology, ballistics, crime scene analysis, photography, and many other disciplines. Lay witness testimony are going to be about what they saw like who committed the crime or who crime on the crime scene shortly after the crime occurred or it will provide information about the personality, family life, business acumen and so on of the defendant in an effort to show that this not the kind of person who not commit the crime he or she is charged with. The challenges of an expert testimony are jurors trying to understand the subject matter that experts used and Court with attempt to apple criteria like M'Naghten rule with testimony of psychiatric experts who refuse even to recognize the word because of uncertainties they created, legal requirements may put experts against one another and may confuse the jury.
B. What is a dying declaration? Under what circumstances might it be a valid exception to hearsay rule? Why do most courts seem to believe that a person who is about to die likely to tell the truth?
Dying declaration is a statement made by a person who is about to die. When heard by a second party, it may usually be repeated in court, provided that certain conditions have been met. A dying declaration is generally valid exception to the hearsay rule when it is made by someone who know that he or she is about to die and when the statement made relates to the cause and circumstances of impending death. Spontaneous statements provide another exception to the hearsay rule. A statement consider spontaneous when it is made in the heat of excitement before the person has time to make it up. For example, a defendant who is just regaining consciousness following a crime may make an utterance which could later be repeated in court by those who heard it. Courts seem to believe a person who is about to die is likely to tell the truth because normally a person who is about to die is trying to make things right their family or god.
Q5. Trace the differences between determinate and indeterminate
sentencing. Which models holds the best long-term promise
for crime reduction.
A. The difference between determinate and indeterminate sentencing is determinate is a model of criminal punishment in which an offender is given a in which an offender is given a fixed term that may be reduced by good time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars. Indeterminate sentencing is a model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences as a term of imprisonment of from one to ten years. The model that holds the best long-term promise for crime reduction is indeterminate because there is no good time. You serve what the judge order you to serve.