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Development of the American court system
Role of courts in our justice system
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During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their case.
There are two sides when it comes to a trial: the defense, and the prosecution. The defense, as the name suggests, is in charge of defending the accused party. They don’t exactly have to prove that their clients are innocent; the defense only has to make enough holes in the case of the prosecution to cause the jury to have reasonable doubt that the defendant is guilty. The prosecution, however, must provide evidence to argue beyond any doubt that the accused party is guilty of their crime. A prosecuting attorney will often be a government worker whose job is to carry out legal action against someone accused of a crime (WiseGEEK). They often work with investigators and the police in order to collect evidence they can use to solidify their case in advance for the day of the trial. A prosecuting attorney determines how severe of a charge will be brought against the accused, and sometimes will offer a lighter charge to the defendant if they will plead guilty or no contest. Someone seeking ...
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...ould be falsely convicted, and those who are guilty could get away with their crimes.
Works Cited
"Basic Trial Procedures." Enmibar, n.d. Web. 6 May 2014. .
"How Courts Work." How Courts Work. American Bar Association, n.d. Web. 06 May 2014..
"What Does a Prosecuting Attorney Do?" WiseGEEK. N.p., n.d. Web. 06 May 2014. .
"Why Do We Need Criminal Procedure?" Articles about Law Firms Legal Aid Injury Divorce Criminal Accident Bankruptcy Immigration Family Estate Dui Dwi Lawyers and Attorneys. N.p., n.d. Web. 06 May 2014. .
In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
The stages of trial in the criminal justice system are not always as it is depicted in movies or television shows. According to the entertainment industry, there are two sides: good versus evil, and the story usually ends with an epic, jaw-dropping conclusion that finds the defendant guilty as in A Few Good Men. While that may be the case during some trials, the true beauty lies within the strategy of the prosecution and the defense. In fact, there is a distinct art that occurs at trial that takes a tremendous amount of preparation and knowledge to gain the upper hand. It is almost like a game of chess; each move most be well calculated and thought out because it can determine the outcome of the entire case. It is a mental battle between opposing counsels, where the one with the ability to think ahead often wins.
Throughout history there have always been issues concerning judicial courts and proceedings: issues that include everything from the new democracy of Athens, Greece, to the controversial verdict in the Casey Anthony trial as well as the Trayvon Martin trial. One of the more recent and ever changing issues revolves around cameras being allowed and used inside courtrooms. It was stated in the Handbook of Court Administration and Management by Stephen W. Hays and Cole Blease Graham, Jr. that “the question of whether or not to allow cameras in American courtrooms has been debated for nearly fifty years by scholars, media representatives, concerned citizens, and others involved in the criminal justice system.” The negatives that can be attached to the presence of cameras inside a courtroom are just as present, if not more present, than the positives that go hand-in-hand with the presence of cameras.
The Fifth Amendment to the Constitution states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” (Murphy1996). By neglecting to inform a suspect of his Constitutional rights the due course...
"Criminal Procedure and the Supreme Court: A Guide to the Major Decisions on ..." Google Books. N.p., n.d. Web. 18 Feb. 2014.
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
The issue of pretrial publicity is a maze of overlapping attentions and interwoven interests. Lawyers decry pretrial publicity while simultaneously raising their own career stock and hourly fee by accumulating more if it. The media both perpetrate and comment on the frenzy -- newspapers and television stations generate the publicity in the first place and then actively comment on the likely effect that the coverage will have on the trial. When a high profile case is brought to trial, many media outlets report not only on the details of the trial, but also details about the persons involved, in particular the defendant. Much of the information reported regarding the case is released before the trial starts. Furthermore, media outlets may not only report facts, but also present the information in a way that projects the culpability of the defendant. By allowing pretrial publicity of court cases, potential jurors are given information that could sway their opinion of the defendant even before the trial begins, and how they interpret the evidence given during the trial. The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment of the U.S. Constitution. The right of the press, print and electronic media, to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an impartial jury. However, there is a compromise between these two Constitutional rights, which would allow for the selection of an impartial jury and allow the media to report on the details of the case. The media should only be able to report information once the trial has...
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Both the defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During the deliberation phase of the case, the jury decides whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. If the jury finds joe not guilty, you are free to go and not subject to further prosecution based on the same offenses.
The prosecutor’s role within the criminal justice is meaningful. According to "The National Center for Victims of Crime" (2012), prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process from the first appearance of the accused in court is acquitted or sentenced. Prosecutors must determine if they should pursue a case or drop the charges based on evidence that law enforcement provides. It is their duty to present evidence in court, question witnesses, and decide if they should negotiate a plea bargain with the defendant ("The National Center for Victims of Crime,”2012). Prosecutors cannot allow their personal belief to interfere with the case. Their main objective is to seek justice.
The next component of the criminal justice system is the court. These courts are ran by judges that make sure the law is followed and oversees what happens in the courtroom. The courts are put in place so that the judges can decide whether to release offenders before the trial, except or reject plea agreements, or sentence convicted offenders (Hoffmann, 2011). The courts provide a set of guidelines that are used to resolve disputes and to test and enforce laws in a fair and rational
This essay will discuss the role of the criminal justice professional in serving both individual and societal needs. It will identify and describe at least three individual needs and three societal needs, in addition to explaining the role of the criminal justice professional in serving each of these needs. Illustrative examples will be provided for support.
It is no secret that the American legal system is distinct from other developed Western nations in its practices and laws. This variation, termed “adversarial legalism” by Professor Robert Kagan in his book, Adversarial Legalism, has two salient features: formal legal contestation and litigant activism. In civil and criminal law, jury trials and a specific lawyering culture exemplify these traits. Though adversarial legalism responds well to the American desires of justice and protection from harm while simultaneously respecting the societal fear of a government with too much power, it leads to extremely costly litigation and immense legal uncertainty. To reconcile the American view of justice and the undesirable outcomes of formal contestation and litigant activism, the legal system has gone so far as to reform large parts of the system, including bureaucratic regulations and the plea bargaining process. However, as Kagan states, rather than reduce the costliness or uncertainty of the legal process, these procedural changes have merely lead to an increase in litigation and, therefore, an increase of adversarial legalism in criminal and civil law.
trial has been turned into an entertainment special. There are certain moments in American life that have certain dignity" (38). The judicial system is a very complex system and deserves the respect and dignity that is required. It needs to be taken seriously. The public has no right to make it into a game. This is a serious process of bringing criminals to justice.
In deciding whether to institute criminal proceedings, a prosecutor must balance two competing responsibilities. He must vigorously prosecute individuals reasonably suspected of significant criminal activity, but must avoid harassing or disturbing innocent citizens. In weighing these fac-tors, he is obligated to look beyond the immediate problem of winning a case and consider in-stead the fair and efficient administration of criminal justice.