Dual Court System Q&A

Dual Court System Q&A

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Q1. What is the dual-court system? Why do we have a
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

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misconduct may be pleaded out as assault. Such a plea, which takes advantage of the fact those indecent liberties, can be thought of as a form of sexual assault, would effectively disguise the true nature of the offense. Law and order advocates, who generally favor harsh punishment and long jail terms, claim that plea bargaining results in unjustifiably light sentences. As a consequence, prosecutors who regularly engage in the practice rarely advertise it. Often unrealized is the fact that plea bargaining can be a powerful prosecutorial tool which can be misused. I think that plea bargaining is acceptable practice used in today's criminal justice system because it results in a quick conviction without the need to commit the time and resources necessary for a trial and judges accept pleas which are result of bargaining process because such pleas reduce the workload of the court.

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.
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