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The court system was formed to separate the innocent from the guilty when a disparity has surfaced or developed. In the criminal justice system everyone is entitled to a fair and unbiased trial. We will be identifying and describing the distinguishing features of the major court system ranging from state level, superior court and federal district court through the U.S. Supreme Court. Second we will discuss the key players, jurisdiction rules, and interpretation on issues and the effect of evolving technologies on the court proceeding at all levels in the court system.…
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This process is where witnesses are called to give their statements. They are questioned and cross examined by all lawyers/attorneys. Cross examination is being questioned by each lawyer/attorney they may ask the same questions but in different words. The prosecutor is there to make the jury believe the criminal is guilty whereas the defense attorney is there to make the jury question if the criminal is really guilty. There are also three types of witnesses which are; ordinary witnesses, expert witnesses, and character witnesses. “Ordinary witnesses can testify only as to their personal observations. Expert witnesses, on the other hand, are allowed to offer their opinions in their area of expertise. Chartacter witnesses may testify only to the general good reputation of the defendant” (Zalman,…
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There are important people in the adversarial system used through the United States. The defense counsel referred to as the defense attorney, renders services on behalf of the indicted and exhibits legal defense for the client, and search for legal justification when appropriate. The other half of the defense counsel is the prosecutor. Prosecuting attorneys is an agent for the public, preferably not individualized people, and in extent is accountable for providing and introducing the state case facing defendants in criminal and civil court (Meyer & Grant, 2003). The function of the prosecutor basically rotates around ensuring that guilt does not go unpunished, the task of the defense attorney surrounds the need to ensure that the legally innocent are not found guilty and that the authority of the state has an adversarial counterpart to make sure some level of honesty is represented for individuals.…
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From the use of a judge to listen to both sides of the trial, to the impartial jury that is used to decide the verdict of the trial. Everyone in the courtroom is there to offer a fair, and safe trial for whomever may have charges brought against them. It may be true that there are many things within the Criminal Justice system that may not work efficiently or even effectively, however there is nothing that is perfect. There is something to be said when it comes to the American Justice system; it gets many things right when it comes to equal rights and fairness for the American…
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The court system in America has been around since the middle of the 1600’s and has played a crucial role in the development of how things are done when it comes to the criminal justice side. From today’s federal court and our typical state court, these dual court systems came about from a mutual agreement presented from our nation’s founders. In the last 200 years, states’ rights have gradually waned relative to the power of the federal government, but the dual-court system still exists. Even today, state courts do not hear cases involving alleged violations of federal law, nor do federal courts get involved in deciding issues of state law unless there is a conflict between local or state statutes (Schmalleger, Hall, & Dolatowski, 2010).…
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At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome. When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial.…
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the United States Criminal Justice System and whether or not it is a just and honorable system to…
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Juries are a panel of citizens selected randomly from the electoral role to determine the guilt or innocence of the accused, thus are a fundamental part of how the adversarial system functions. The right to a trial by jury is enshrined by the right to a fair trial. Juries enable a fair trial as they are members of the community who are making an impartial judgement based on what the two opposing sides presents to them, hence they are less prone to bias and bigoted views enabling them to improve access to justice. When a verdict is made, it is often made unanimously so there should be no doubt on the jurors mine as to whether the accused is guilty or not. There are some circumstances, when a majority verdict takes place 11 against 1 or 10 against 1, but only if deliberation has surpassed a reasonable time ( usually 8 hours ), so this allows for a fairer system. Being such a fundamental part of the adversarial system, if a jury is unable to make a verdict, it becomes a hung jury in which the case is dismissed and a retrial is ordered therefore ensuring that there is an equal opportunity for each party to present their side of the case and know that an impartial judgement will be made. Overall, since the right to a fair trial is significant in the adversary system, the juries are a pivotal reason as to how natural justice is achieved.…
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Both the prosecution and defense present evidence and call witnesses, in front of a judge and a twelve-member jury. The jury will examine the evidence and return a verdict. The judge will interpret the verdict for sentencing, according to state law.…
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Having a Jury Trial is known to be a part of the Adversarial System. Which is when exhibits, evidence, and witnesses are assembled by representatives of one side or the other to convince the fact finder that their side’s viewpoint is the truer one. Contrasted to that approach is the inquisitorial approach, used in mostly Europe. In this approach the Judge is given more control over the proceedings. The judge will interrogate the disputing parties and witnesses, referring frequently to a dossier that the court prepared. The Jury Trial is held to get a less biased decision and also a more truthful one. A trial gives attorneys more motivation to present the jury with all the evidence of the case, with a final goal of the jury ultimately…
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“The criminal justice system, like any system designed by human beings, clearly has its flaws” - Ben Whishaw. Case after case after case could prove this statement. The O.J. Simpson Trails, The State of Florida vs. George Zimmerman, the fictional Tom Robinson case from To Kill a Mockingbird, and The Case of Emmett Till are all examples of our flawed Justice system. So yes, our justice system is flawed.…
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The United States of America is acclaimed for having one of the most sophisticated judicial systems in the world. Almost every day thousands of people, including law enforcement officers, lawyers, judges, government officials and even accused criminals, take part in this system, hoping to settle disputes and work for justice. A court is place to settle arguments and impose penalties for those who disobey the laws of society. An overview of the Court System in the United States would be basically two separate levels of courts, which is state and federal. The type of court that a case is tried in depends on the law that…
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Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal representation and controversial use of defences prove the criminal trial process ineffective.…
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Both models compare in only a few ways, but each model works together to make the adversarial system work effectively. One similar proponent between the two would be that both models support the rule that a prosecution of an individual can only happen if one violates the law on the books. In other words, state and federal governments cannot arrest or criminalize a bad behavior not against the law. Another proponent that both models share is that the duty of police and prosecutors is to enforce criminal laws and cannot ignore any violations to the law. The limits to the powers of government are another value that both models share. For example, the government can only go so far without being in violation of the Constitution. Another similarity between the two models is the belief that every criminal deserves his or her day in court and may demand a trial or other procedural safeguards. A suspect is an…
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The aim of the adversary system is to achieve a fair and equal standard of justice, thus rigorous testing of evidence is conducted and verdicts are either left to jurors who are from the broad spectrum of society in criminal matters or a Judge in civil matters. This concept however can result in resource inefficiency as juries take time to hear evidence presented and to reach a verdict, they are therefore costly and one limitation to the adversary system.…
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