The most problematic component in the criminal justice system are the courts. The courts were designed to ensure that individuals have a fair trial and that their rights are upheld. The courts act as a bridge between law enforcement and corrections. Courts produce the laws that sentence individuals to correctional facilities and it is the law enforcement 's job to enforce those laws. The actors in the courts such as judges, juries, and public defenders is a reason why courts are the most problematic component in the criminal justice system. The many components involved with courts is a reason why they are to most problematic component in the criminal justice system.
The court is the most problematic component in the criminal justice system
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The plea bargain is a major problem facing courts today because innocent people are ending up behind bars. It is the defendants right to be able to plea bargain, but it is not always in their best interest to do so. Many defendants feel forced to plea bargain because they either feel as though their case has no chance against a jury or the public defender has little time to spend on their case. The defendant 's plea bargain to receive a lesser sentence, even if they are innocent. The other aspect of plea bargaining that poses a problem is guilty defendants receive a lesser sentence for the crime they committed. Plea bargains are supposed to help the courts not to be overcrowded, but in return, innocent people are being locked up. Another reason of why the courts are the most problematic component in the criminal justice system is because of the corruption in the courts. Examples of the corruption that happens in courts can include jury tampering, racism, and judges being bribed. The forms of corruption that occur in the courtroom can have an impact on the end result of a case. Judges and jurors may be bribed to alter the verdict of a case. Racist judges or jurors …show more content…
The problems of a judge 's interpretation of the Constitution and having a jury determine the verdict, both affect the end result in a case. The judicial interpretation of the Constitution affects how law enforcement can conduct their jobs. Judicial interpretation of the Constitution is a problem because different judges are either more conservative or more liberal with the interpretation of the Constitution. This poses a potential problem because their interpretation affects the laws in the United States. The jury deciding the final verdict of a defendant is another problem in the courts. In their article, "Jury Decision Making: Implications For and From Psychology" Brian Bornstein and Edie Greene reveal that the court "requires ordinary citizens who lack legal training to hear evidence, make sense of conflicting facts, and apply legal rules to reach a verdict" (Bornstein and Greene 63). Jury decision making poses a problem because ordinary people are required to sort evidence and reach a verdict, which all jurors may not agree with. The reasons of how a judge interprets the Constitution and a jury making the final verdict in a case add to the cause of why the courts are the most problematic component in the criminal justice
Jurors should not know anything about a specific case and not follow public affairs and read the news (Doc F). When a person is selected to be part of a jury, they have to say an oath stating that they will not use their emotions to determine the verdict of a trial. If a juror is caught using their emotions, they will be fined for a crime called perjury. Since there are twelve people in a jury, there is a variation of opinions when the jury decides a verdict. But, a judge is more professional and knows how to only use the evidence provided and be less biased.
2. example 1 Firstly Ordinary people may not understand complex legal technicalities, these people may not be educated in the concept of law and maybe not even educated properly. Some people may have been educated in a completely different field and have no idea what any of the case means. This could cause the jury to loose interest and just go with what everyone else is saying because they have no idea what is going on. A lot of society have no idea about the legal requirements and what actually is right and wrong and what an offence actually is.
• The Constitution is weakened by the excessive use of plea-bargaining to avoid a trial. Research has shown that criminal defendants who exercise their Sixth Amendment right to trail by jury are more severely punished than those who accept plea bargains (Devers, 2011, p. 2). It is assumed that plea-bargaining weakens the criminal justice system by allowing violent criminals to plea out of serious charges and putting the disadvantaged and potentially innocent or partially innocent in a position where exercising their constitutional right to a trial by jury is too risky of an option. Prosecutors are required by the state to carry the burden and prosecute the accused.
Over the years, a plethora of court cases have caused Americans to wonder: is our jury system indeed as wondrous as it is conceived to be? To explain, the jury system is the concept of giving the defendant in a trial the option of either having a bench trial, one where a judge alone reaches a verdict, or a trial by jury, one where a group of twelve ordinary citizens is chosen to reach a verdict on the case. One may wonder why a dozen everyday denizens are being endowed with the absolute power over a possibly life or death decision in the life of a neighbor that is unknown to them, but the framers of the United States Constitution believed that this was the most democratic option in making sure that justice is properly served. Explaining further,
The jury may not be experienced enough and can make fatal mistakes. Not only are the jurors biased, they are inexperienced. As shown in cartoon 1, 2, and 3 (Document E), many of the jurors have no experiences with court and base their verdicts on factors other than what the lawyers are giving them. Examples such as the jurors being dogs, verdict based on appearance, and being distracted with other issues during the court trial. The juror is inexperienced and biased, while the judge is experienced with what is going around during a trial, and they have been trained to be able to see both sides of a story and decide on evidence and
As a result, the trial and the jury should be more objective. The jury's verdict on whether the defendant is guilty is essential to the operation of the jury system. Since their decision might have far-reaching effects, they have become an integral element of the trial process (Ruderman, 2020). However, this may also make jurors a troublesome part of the process since they may need to thoroughly examine the material or apply the right roof standards to hand down verdicts. 3 resolve these problems.
Court System Controversy Although there is a standard for courtrooms and how they should function it is, nevertheless, unrealistic and unable to be upheld due to bias, prejudice- either conscious or subconscious, and stereotyping. Initially, bias is using personal experiences to hold strong emotions toward a variety of groups of people. Bias can affect the court system in countless ways.
When the jury trial process is replaced with plea negotiations, we lose trust and reliability in the system. When we give efficiency that the plea bargain has provided power, it comes at a substantial cost. People who are indeed innocent of the crimes they were convicted have now been influenced into pleading guilty for the sake of efficiency. Not to mention the collateral consequences that accompany a person when they plead out. It also undermines the reliability of convictions in general (Gilchrist, 2011).
This remarkable courthouse only hosted approximately seven trials in its first year and since then has dropped even lower (Dzur, 2013). The early 20th century was the last time a jury was considered the normal process for dealing with criminal cases, and now the plea deal is king (Dzur, 2013). Simple fact is, today juries hear only a very few cases across the nation (Dzur, 2013). High-ranking members working in the justice system fear that the competence of a jury today is declining with the scientific evidence that is now available (Dzur, 2013). The statistics seem to support this fear.
This may cause the jury to be indecisive between what the actual case and what the media portrays it to be. The amount of media released for cases creates a negative impact within the courts and makes it difficult for a fair trial. When juries are uncertain about a case or a suspect, they result to social media platforms and news coverage that will provide them with more information and depth into the case. ‘’But if the case unfolds in the media, by the time a case gets to court, the supposedly impartial jury (or even the judge) may have already heard information and allegations (not admissible by court standards) that have caused them to seriously prejudice the parties’’. (Nedim, 2014).
The next juror who is driven by prejudice and show much bigotry is juror number ten “ I’ll tell you something. The crime is being committed right in this room… I Don't understand... Look you know THOSE PEOPLE lie...they don't know what the truth is...human life doesn't mean as much to them as it does to us… Look these people are drinking and fighting all the time and if somebody gets killed...they don't care…” .Juror number ten by the author is labeled as the bigot and for obvious reasons.
Also, some critics of specialized courts are in favor of traditional adjudication and prefer to go “back to basics” even though evidence shows that specialized courts are effective in their goals in the criminal justice system. Upon an evaluation of the benefits that specialized courts has on a community by way of promoting positive change in individuals to better themselves and the community as a whole, it is recommended that the court administrator move forward with efforts to create specialized courts and support ongoing funding to sustain these types of problem solving
Out of the three the courts are the most harmful to the criminal justice systems. Once the police have done their investigations and arrested all offenders involved it will be up to the court to decide whether the person is guilty or not. This is where the problem comes in. Many people have been judged wrongly in the courts.
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).