Essay Dual Court System - 1094 Words

Q1. What is the dual-court system? Why do we have a dual court system? A. The dual-court system is the result of a general a agreement among the nations founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in†¦show more content†¦For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual misconduct may be pleaded out as assault. Such a plea, which takes advantage of the fact those indecent liberties, can be thought of as a form of sexual assault, would effectively disguise the true nature of t he offense. Law and order advocates, who generally favor harsh punishment and long jail terms, claim that plea bargaining results in unjustifiably light sentences. As a consequence, prosecutors who regularly engage in the practice rarely advertise it. Often unrealized is the fact that plea bargaining can be a powerful prosecutorial tool which can be misused. I think that plea bargaining is acceptable practice used in todays criminal justice system because it results in a quick conviction without the need to commit the time and resources necessary for a trial and judges accept pleas which are result of bargaining process because such pleas reduce the workload of the court. Q3. What is an expert witness? A lay witness? What different kinds of testimony might they provide? What are some challenges of expert testimony? A. An expert witness is a person who has knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Lay witness is an eyewitness, character witness, or other person called upon to testify who is not considered anShow MoreRelatedA Dual Court System Essay976 Words   |  4 PagesHistory of Courts Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. 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This paper provides a review of the relevant literature toRead MoreCourt History and Purpose873 Words   |  4 PagesTERESA MORALES Court History and Purpose People in the United States attend court every day for different many reasons. Those reasons could be for traffic violations, civil law suits, or for unlawful criminal acts. No matter what they are all handled and disputed in a court of law. Courts are empowered to make fair and binding decisions upon the facts that are received. There are two types of courts; civil court and criminal court. It is very important that people understandRead MoreCourt Systems1096 Words   |  5 Pagesnations legal system should work, they were determined we should have a country that operated differently and more effectively than the one left behind in the days of British control. They decided that states should have the power to make and govern their own laws and also the ability to enforce those laws. This did not eliminate the need for federal court systems, however, and so the dual court system was born. The dual court system is the formal name for the way our countrys legal system works. Read MoreThe Historical Development of the US Court System816 Words   |  3 PagesDescribe the Historical Development of the US Court System Over the last 224 years, the US court system has been continually evolving. At the heart of these changes, is the belief that the Constitution establishes basic practices that must be followed at all times. This has led to the development of a legal structure that is based on case precedent and oversight (which are augmented with constitutional ideas). The combination of these factors has meant that the judicial branch is continually transformingRead MoreThe Supreme Law Of The Federal Court System Essay1292 Words   |  6 PagesUnited States the court-system operates as a dual-court system. The responsibilities of the State and Federal Courts share the responsibility of determining law based on specific jurisdictions. The principle of federalism was born out of the necessity to balance the powers of the states by creating a federal government whose authority constituted the supreme law of the land. Proponents of court reform have been looking for court unification to streamline t he judiciary system to combine overlappingRead MoreCja/224 Court History and Purpose Paper1201 Words   |  5 PagesCourt History and Purpose. The courts are a critical component of American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, Worrall, 2011). Succeeding in liberation and independence is difficult