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Role of courts in the criminal justice system
Role of judges
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Introduction
The primary role of particular criminal justice agencies in the criminal court system is to make an appropriate, objective and determine decision while fulfilling their duties. For example, judges are able to interpret and apply law on particular circumstances; and police collect evidence and investigate crime through proper and legal ways, as they are all restrict to the legal regulation and bureaucratic administration (Findlay, Odgers, & Yeo, 2009, p. 21). To maintain the interests of defendants as well as public interest by avoiding innocent individual to a miscarriage of justice and giving a prompt and certain punishment to guilty individual, it is very important that each criminal justice agencies can fulfill their duties in a lawful manner, especially the legal representative. A legal representative is an individual representing defendant in court to defense and make decision for them, which means the legal representative is the only one stays at the same side as the defendant and cares the interests of the defendant. Therefore, in this report we will examine to what extent is the role of legal representation important in Local Court and Supreme Court.
Role of legal representation in Local Court
Before attending the court hearing, I did some research and studies on the subject of procedure of the criminal court, and I found that the role of defensive representation maybe various regarding to different court. In the Local Court, the legal representative would have an important but not significant role.
Local Court is the first tier in the criminal justice court system (Brown, et al., 2011, pp. 143-145) it functions like a filter. They have to sort out the weak cases from the complicated cases by determining whe...
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...a to engage a solicitor on a normal fee.
Conclusion
After the observation and deep analysis of the role of legal representation I concluded that in consideration of the human rights of the defendants, there is a possible inequality issue occurred in the legal representatives’ case proceedings. In consideration of personal financial situation and the limitation of the legal aid service that provided in Local Court, this will impact defendant’s decision on entering a plea. Also, due to the limitation member of lawyer and a high demand for legal aid service, defendant may not be able to get enough attention from their legal representatives or even being neglected like the case R v DS, Supreme Court, King Street, 7/4/2014. Therefore, it is necessary to be more emphasized on the rights of defendants even though victims and community rights are on priority consideration.
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
Holten, N. G. & Lamar, L. L. (1991). The Criminal Courts Structures, Personnel, and Processes. Florida: McGraw-Hill, Inc.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
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In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
The judge is essential to the courts as are prosecutors and the attorneys of defense. The text states these are the three key actors of court if either one of the three are not present court will not proceed to session (Walsh and Hemmens, 2014: 104). In this essay I will discuss the three ways in which judges are selected, the advantages and disadvantages of the three methods used, and which selection method is most equitable.
In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.
It is exciting for me to apply to the position of Judicial Secretary for the Common Pleas Court of Cuyahoga County. As someone with a bachelor’s in criminal justice and a drive to work in public service, I know I can be a great addition to the team at the common pleas court.
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