Pros and Cons of Us Legal System
Unlike other countries, in America, if you are accused of a crime, you are innocent until proven guilty. This is an important advantage of the criminal justice system because it shifts the burden of proof to where it should be, which is on prosecutors. While some may argue that if you face a criminal prosecution for a felony charge, someone, whether it is the victim, the prosecutor or the public, must think you are guilty, the presumption of innocence is a crucial benefit of the criminal justice system. This presumption is intended to allow judges and juries to assess whether the prosecution has proven beyond a doubt that the defendant is guilty of the felony or crimes. Other court systems in the United States include the U.S. Court of Appeals. The court dates from 1891 and has 12 regional district courts that can review district courts in their area. This creates a balance of power, allowing the courts to operate more effectively on such a large population. The criminal justice system is slow, time-consuming and can be very confusing.
The charge in a criminal case can offer a plea, which is an agreement that offers a lesser sentence or some concessions in exchange for a defendant`s guilty plea. This system prevents every trial from going to court, which clogs up the court system so much that it simply cannot function anymore. Advocacy haggling is fraught with pros and cons. On the one hand, the prosecutor receives a guaranteed conviction. On the other hand, the accused receives a lighter sentence or charge. And, of course, the justice system is free from possible constipation. The fact that everyone charged with a crime has the right to counsel is a clear advantage of the criminal justice system. If the defendant cannot afford a lawyer, the court appoints one, often called a public defender. However, this professional can sometimes become a scam, given that the wealthiest people accused of crimes can usually afford more expensive lawyers who have more experience, graduate from more prestigious law schools, and have been mentored by elite lawyers. Some argue that the court`s failure to designate both the defendant and plaintiff as public defenders gives the rich a sometimes unfair advantage. The family may face the financial burden of paying for court-ordered treatment, hiring a lawyer, or other legal fees. A criminal justice system is more than the laws we have to abide by, or the courts that enforce those laws.
It includes the procedures, rules, requirements and defined limits that our courts and other institutions use to enforce criminal law. Other institutions that play a role in the criminal justice system include police, prisons, correctional facilities, and courts of first instance and appeal. Pros and cons abound in the criminal justice system, and two people may see the same look differently depending on which side they are on. Many survivors find it healing and empowering to tell their story to someone who validates it, takes it seriously, and keeps it in a legal act, whether or not it leads to criminal prosecution. Criminal convictions are rare in all cases of child sexual abuse. When a survivor comes forward hoping to be convicted, anything but a plea or guilty verdict can leave them doubly hurt – first physically, then legally. Navigating the legal system distracts at least some of the family`s attention from the damage done and the healing process. Even the possibility of criminal proceedings exposes parents to a heavy burden of fear and uncertainty. This can weaken the coping skills they desperately need to support both children. Possible Benefits of Reporting a Crime and Taking Legal Action Even the possibility of criminal consequences can motivate the responsible party to deal with the depth of harm they have caused and overcome resistance to therapy. If the possibility of conviction is not a sufficient reason, a sentence imposed by a judge may be necessary.
The system is designed to allow people to have a fair trial when they are charged with a crime and allow citizens to sue if they are mistreated because of the laws of the land. Anyone charged with a crime or wrongdoing has the right to defend himself —or hire someone to defend him— before a judge or jury who, based on his interpretation of the law, must determine whether he is guilty. Disadvantages or disadvantages of criminal proceedings Sometimes a family has no choice whether or not to report their story to the authorities. This is the case if the surviving dependant is still a child and a reporting obligation applies. Others will have to make a choice. Every situation is different. There are no simple answers or shortcuts. Here are some things to keep in mind if you`re able to choose. (I am not a lawyer and this is not legal advice.
See instructions for finding a lawyer.) The judicial system then extends to district courts, which consist of judges who conduct trials and individual cases in their respective districts. The judicial system is very extensive and extends to a variety of “types of courts” — making it much more efficient. For example, in the United States, — —, the federal judicial system is appointed to act on matters relating to federal law. The U.S. Supreme Court system is the only one that cannot be abolished under the U.S. Constitution. Systems designed to help and heal, including therapy and social services, may need to lag behind the demands of the criminal justice system. For example, sometimes a person who knows they have done harm feels ready to take responsibility, and the survivor longs for an apology. But lawyers will advise both not to have contact until the criminal case is resolved, which often takes more than a year.
The disadvantages of Western judicial systems are also present. As with other forms of organization, the judicial system is not flawless due to the enormous size and number of laws that exist in most countries. The judicial system that exists in many Western societies is extremely complex in its design and created to deliver justice in the variety of situations that occur both in government and in the daily situations of citizens. These complex judicial systems — as in the United States— have many advantages and disadvantages. Understanding the inner workings of the Western justice system helps people understand history, planning, and intricate details. Many treatment systems for offenders, whether outpatient, inpatient or incarcerated, are only available to those who have been convicted by the justice system. Once someone testifies to law enforcement, no matter how sensitive the place or how, they lose control of what happens to that statement. Your words may be misunderstood, questioned or distorted by lawyers or authorities on both sides. Survivors will not have the final say on legal decisions, such as which charges to bring and which plea deal to accept.
This can be traumatic again, as loss of control is an essential part of the experience of being sexually abused. The criminal justice system is a blunt weapon, slow and imprecise. Laws are written by politicians, not neurologists or child psychologists. Most laws that apply to sexual assault are based on assumptions about adult offenders. This may be in direct contradiction to evidence-based intervention approaches for adolescents. Even the best laws are enforced by investigators, lawyers, judges, probation officers and correctional officers, all of whom are subject to the same biases and mistakes as the rest of humanity. The primary purpose of the Western judicial system is to establish justice, settle disputes, and interpret laws in a particular country. The advantage of modern judicial systems — as well as what makes them sophisticated in their design — is their ability to be applied to extremely large countries.
Many Western societies have populations that reach hundreds of millions of people, so a judicial system that can be applied to this vast group of people is all the more helpful in establishing justice. Another advantage of the criminal justice system is the Fifth Amendment, which protects the accused from saying anything or being forced to answer questions that could essentially cause him more trouble. The Fifth Amendment to the U.S. Constitution states that the government cannot require anyone to make potentially incriminating statements. The amendment further stipulates that any information gathered from the accused who violates this right may not be admitted during criminal proceedings. The Fifth Amendment essentially protects the accused from having to take the witness stand against himself. This amendment allows the prosecutor to find witnesses who do just that.
