Explain problem solving court and their essential elements. Are they effective? “Many problem-solving strategies have been shown to be an efficient and effective use of court resources, resulting in increased positive outcomes, however, courts must exercise caution and seek to balance traditional versus problem solving-type roles “(Carey, and Munsterman,2008). Courts must be enthusiastic to acclimate some problem-solving lessons learned into conventional management. Implausible growth in problem solving court has developed. Problem solving court uses therapeutic jurisprudence to handle cases. According to the read section in unit two “problem solving courts five essential elements and they are immediate intervention, nonadversarial adjudication,
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
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
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
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
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. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
USAID FROM THE AMERICAN PEOPLE. (2005). Model Court Initiative Court Administration Reform Intervention Plan Annex 3.5 - Case Backlog Reduction/Purging Plans . Retrieved from http://www.usaidjsdp.ba/old_page/en/dokumenti/3%20Intervention%20Plan/Annex%203.5%20-%20Case%20Backlog%20Reduction%20Purging%20Plans.pdf
The courtroom is a ritualised space, involving costume, language, spatial organisation and so on, and courts, therefore, constitute performative exercises of power. Discuss some of the ways in which courts demonstrate power and/or power relations.
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.
Warren Earl Burger was born September 17th, 1907 in St. Paul, Minnesota. He was of Swiss and German ancestry and served as the 15th Chief Justice to the United States Supreme Court. After graduating from St. Paul College of Law in 1931, the lifelong republican held many various positions in the legal system while working his way to the top. Burger focused mainly in the areas of corporate law, real estate and probate law, while at the same time becoming involved in politics. Furthermore, he was involved in many successful campaigns which brought attention to himself by prominent republicans. His appointment to the U.S Court of Appeals quickly built his background as a law and order judge. Serving in the circuit courts for a mere thirteen years led to his appointment as Chief Justice of the Supreme Court in 1969 by President Richard M. Nixon. Once appointed Chief Justice, Burger presided over numerous cases, Burger’s goals as Chief Justice was to modernize and streamline the courts to make them more accessible and functional, along with originating the idea of employing professional court administrators, implementing continuing education for judges, and improving coordination between federal and state courts, in addition to being noted for his outspoken criticism of ill-prepared litigators who used the jobs as a way of on-the-job training (Facts, 1996). While serving in the Supreme Court, Justice Burger was involved in many important cases.
The federal government consist of three branches for each one has a specific role that protects and serves each person in the United States. The Constitution established these branches to enhance a stronger federal government as well as to make sure the states worked as one instead as individuals. The method in which it is used goes by Judicial, Legislative, and Executive, these branches go from creating the laws, to implementing laws, to finally interpreting the law. It became known as checks and balances, so that no branch would over power another. Once creating these boundaries, the government became more unified and therefore able to control the country much more formally through the courts. To see the beginning of the never ending, the
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
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...
Throughout the semester, I had the opportunity to interview people from all three components. As previously mentioned, a very important component in the Criminal Justice system is the courts. There are many different types of courts such as the Supreme court, local courts,