This website uses cookies to ensure you have the best experience. Learn more

Court Issues Analysis

1218 words - 5 pages

Court Issues Analysis
CJA 394

Court Issues Analysis
Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of criminal cases and the broader complexity of providing civil order and justice to communities while balancing constitutional law and local ordinance. Moreover, the complexity of administering justice in and of itself plays a part in the difficulty of court management, with issues such as the deepening ethnic diversity of encountered populations and shifting ideas about victims’ rights playing defining roles in the tasks before any given ...view middle of the document...

According to the Missouri Courts, all courts are recommended to employ interpreters approved by a federal certification program overseen by the National Center for State Courts (NCSC) Consortium for Language Access in the Courts as implemented in 2000. This calls for the use of unbiased and fully qualified language interpreters. The availability of this resource is girded by legislative terms as well, which indicate that “by law, courts shall appoint a qualified foreign language interpreter in all legal proceedings in which a non-English speaking person is a party or a witness (Section 476.803.1, RSMo).” And in the event that such is necessary, the Missouri Courts continue, “Advise the court directly when services are needed so that they have adequate time to schedule qualified service providers” (MC, 2010). This denotes that it is incumbent upon those in need of an interpreter to make the proper arrangements to request the necessary support and, simultaneously, it is incumbent upon the court to provide the requesting individual with access to such personnel (MC, 2010).
In the past, the focus of criminal justice procedures had typically been on the punishment of criminal behavior. This meant that within the context of legal proceedings, the experience of the victim has often been secondary or relegated to non-consideration as the resources of jurisprudence are dedicated to finding the truth of the alleged perpetrator’s guilt or innocence. And because the system proceeds from an innocent-until-proven-guilty disposition, it has historically been difficult to simultaneously maintain the objectivity required of the courts while attending to the needs, rights and sensitivities of the alleged victim. This would create a scenario in which the advocacy of victims’ rights would emerge as a critical area of need where court management is concerned. It is thus that “in 2004, the movement to redraft the Sixth Amendment achieved a partial victory when Congress passed the Crime Victims’ Rights Act (CVRA), which pledged that these rights to be present and to be heard would be implemented in federal court proceedings” (Muraskin & Roberts, 2004).
This would help to expand the implications of such court proceedings by introducing another dimension of justice to the process of adjudication. That is, for the court administrator, there is today a responsibility to simultaneously see that justice is carried out with respect to the facts surrounding the defendant but also to ensure that the victim’s role as a witness does not also place this individual in a context to be bullied or intimidated by the defense proceedings. This denotes a condition today where the victim is afforded certain protections designed to offset some of the practical challenges related to the philosophical presentation of defendant as innocent until proven...

Other Papers Like Court Issues Analysis

Court Issues Analysis Paper

1166 words - 5 pages Court Issues Analysis Luria Davis CJA 394 May 30, 2011 Professor Hollis Severns The Hon. Mme. Justice Desiree Bernard, O.R., C.C.H stated that the organizers of this 14th Commonwealth Law Conference on the choice of the theme “Developing Law and Justice” and the various streams which include human rights and corruption within the Courts, issues which are inter-related and important in the administration of justice (The Hon. Mme. Justice

Court Issues Essay

1017 words - 5 pages Court Issues Analysis Monique Norman CJA/394 April 15, 2014 Professor Mary Young Court Issues Analysis Courts in the United States have a tremendous task of setting the standard for justice in America. To some, this task may be considered easy but there are those that understand that this job comes with a heavy challenge. Compound the rise in crime, budget issues and language barriers and one can see that the court

Court Issues

1465 words - 6 pages Court Issues and Victims Rights August 11, 2014 Court Issues When thinking about the title court administrator it may be easy for an individual to automatically assume paper; however, upon further review it is not. The court administrator is responsible for the day-to-day tasks that keep the courthouse operating properly. Court administrators must also have great management skills with the ability to lead and assign work to other staff

Court Analysis

1255 words - 6 pages , the courts face a loss of cases to a potential private sector of courts such as arbitration and mediation. These changes and issues should be understood in order for the courts to match the emerging trends. Court Issues Analysis The courts are an important piece of the criminal justice system. The courts adapt as the rest of the criminal justice system as new processes and trends emerge. This paper will discuss future court

The Legal System and Adr Analysis

731 words - 3 pages The Legal System and ADR Analysis Debra Doe-Gonzalez LAW 531 October 6, 2014 David Weischadle, II The Legal System and ADR Analysis The two major court systems in the United States are the federal and state court systems. They are each set up review different types of lawsuits (Cheeseman, 2013). This memo will review the levels of the state court system as well as the various methods of alternative dispute resolution. The case of AMF

Plessy V. Ferguson

994 words - 4 pages 1. What are the important and relevant faces of the case? 2. What issues is the court addressing? What is the legal problem? 3. What law is the court applying? 4. What is the court’s decision, analysis, and rationale? For this week, you need to find a case that deals with Due Process, the Equal Protection Clause or Delegation. Plessy v. Ferguson (1896) What are the important and relevant faces of the case? The Case is based

Opinion

575 words - 3 pages the investment. However, the court did hold the duty of disclosure. The court ruled that Hodgkinson’s losses were due to the real estate market, and not the failure of Simms to disclose. Therefore, damages were limited to a prorated share of amounts paid by the MURBs developer to Simms. • Hodgkinson appealed to the Supreme Court of Canada. Issues: Was there a fiduciary duty between Simms and Hodgkinson and if so, was there a breach of

How to Brief a Case

943 words - 4 pages Principle Applied: This is the rule of law that the court applies to determine the substantive rights of the parties. The rule of law could derive from a statute, case rule, regulation, or may be a synthesis of prior holdings in similar cases (common law). The rule or legal principle may be expressly stated in the opinion or it may be implied. 9. Reasoning: This is the court’s analysis of the issues and the heart of the case brief

Texas Penal Code Annotated

530 words - 3 pages This case study references the Texas Penal Code Annotated (Tex. Penal Code Ann. § 42.09(a)(3), which penalizes such physical mistreatment of "a national flag" as Mr. Gregory Lee Johnson should know this incident could possibly offend some people and cause a lot of controversy as well. The state of Texas Legislative branch created this statue. The case study discussed the court case of the state of Texas versus Gregory Lee Johnson

Legal System Identification, Comparison, and Analysis

942 words - 4 pages Legal System Identification, Comparison, and Analysis Legal System Identification, Comparison, and Analysis Processes for filing a civil law suit should take into consideration all items that will be of importance during the case. Should a lawsuit be filed against Mr. Jones, the law firm must first file a complaint or petition within the state in general jurisdiction trial court, where the property in question is located. The complaint

Case Note - Takamore V Clarke

1716 words - 7 pages incl research process | How you used the source | Natalie Coates “What does Takamore mean for tikanga?” (2013) Maori LR | www.maorilawreview.co.nz; keyword search ‘tikanga takamore’ | Summarised the background facts of the case and highlighted the key issues. Critically evaluated the decision of the Supreme Court. Provided analysis of the future implications of the decision for Maori tikanga in New Zealand’s common law. | Law Commission The

Related Essays

Court Issues And Analysis

1103 words - 5 pages Court Issues Analysis CJA 394 August 06, 2012 Court Issues Analysis The court and court administrators are faced with numerous issues on a daily basis; everything from the crimes being committed, the language barriers, victims’ rights, and budget related issues just to name a few. The language barrier issue is one of the major challenges faced by the criminal justice system and administrators. The Administrative Office establishes the

Court Issues Analysis

1170 words - 5 pages Court Issues Analysis “The primary function of American criminal courts is to determine the legal guilt of the accused—that is, to determine if a person is guilty beyond a reasonable doubt of committing a crime”, they essentially take over where police left off (Robinson, 2009). Though courts do much more than find people innocent or guilty, they also are “responsible for determining bail, conducting preliminary hearings (or grand juries

Court Issues Analysis

2778 words - 12 pages | |Court Issues Analysis |courts and court administrators today. In your analysis be sure to discuss the following | | | | |areas

Court Issues Analysis

1512 words - 7 pages Court Issues Analysis University of Phoenix Miguel A. Gomez III CJ/394 – Criminal Organizations SC11BCJ06 February 13th, 2013 Carl Heintz, MBA United States Courts In today’s society change is more prevalent than ever. The courts system in the United States has also changed over the course of history. As society gets larger and current laws and regulations become outdated, the courts must re-evaluate their past and current issues in