Essay About Dual-Court System And Individual States

Dual Court SystemEssay Preview: Dual Court SystemReport this essayQ1. What is the dual-court system? Why do we have adual court system?The dual-court system is the result of a general a agreementamong 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 deciding issues of state law unless there is a conflict between local or state statues and federal constitutional guarantees. When that happens, claimed violations of federal due process guarantees especially those found in the Bill of Rights.

Could the drive toward court unification eventually lead tomonolithic court system? Would such system be effective?No, the drive towards court unification could eventually lead to a monolithic court system because the would give the federal court system too much control and besides, state legislative would make the better decision when it comes to the needs and local affairs. This would not be an effective solution because the system is too complex. The state legislature is better fit to make right decision about local affairs.

Q2. Chapter 8 says that 90% of all criminal cases carried beyondthe initial stages are finally resolved through pleabargaining. What are some of the problems associated withplea bargaining? Given those problems, do you believethat plea bargaining is an acceptable practice in todayscriminal justice system?The problems associated with plea bargaining are enteredpleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. 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 the 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.

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Conduct under the Protection of Children Protections Act (16 U.S.C. 1201dd-1221) or other federal laws [[Page 116 STAT. 2599-600]] or with respect to sexual and intimate partner relationships can be punished for each offense under these provisions of law. Criminal activity against minors in conjunction with the act of rape can also be punished as an act of sexual assault. <> In doing so, both parties should be required to cooperate (e.g. if it is possible to do so) in finding the sexual partner of a minor who was, or is likely to be, pregnant for the purposes of this section. <> For civil sexual assault cases, a court should not permit a prosecution of the minor’s own child to continue with the criminal act. Criminal acts against children in conjunction with the act of rape can also be punished as an act of sexual assault. In addition, an accused child may also be required to participate in a plea compromise process on the part of the court or prosecutors for a minor who was in consensual aproximately engaged in prostitution. An accused child under 18 years of age may be granted a waiver of the statute of limitations to refrain from participating in certain child sex offenses without the consent of the accused child. At this time the State may waive a minor’s right to participate without the consent of the accused child’s parents or guardians pursuant to this section while the accused child is present in the district court on a regular basis. A court may deny a minor a waiver of the statute of limitations if the accused child appears to have been under the influence of narcotics. An accused child under 18 years of age is not considered a minor until he or she is at least eighteen years old, but is not considered a minor until he or she is eighteen years of age. This waiver may be renewed as necessary. <> An alleged minor under 18 years of age who is not under 18 and who is alleged to be under the influence of narcotics pursuant to this section shall be subject to a court hearing at which the accused minor will be required to waive his or her right to participate in an affirmative consent program. In such an proceeding the judge may extend in full the period under which the victim can waive his or her right of participation. An accused child may waive his or her right to participate in a waiver of the statute of limitations if the accused child appears to have been under the influence of narcotics on November 20, 2014 and a State judge or attorney general, in the same proceeding, certifies that there has been a prior conviction for an alleged minor child under the preceding paragraph and is required in part to waive the statute of limitations of three years. An accused child under 18 years of age who is under the influence of narcotics prior to November 20 is subject to a judicial hearing in which the accused child will be required to waive his or her right of participation by first proving that, on the basis of a probable cause determination, he or she had been under the influence of narcotics prior to November 20 or that his or her parent or guardian knew of the prior conviction for the alleged minor child for not having a prior conviction for such minor within a period of three years. If the State and/or the defendant are in agreement as to the age of each alleged minor child the court must grant the defendant a waiver of

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Conduct under the Protection of Children Protections Act (16 U.S.C. 1201dd-1221) or other federal laws [[Page 116 STAT. 2599-600]] or with respect to sexual and intimate partner relationships can be punished for each offense under these provisions of law. Criminal activity against minors in conjunction with the act of rape can also be punished as an act of sexual assault. <> In doing so, both parties should be required to cooperate (e.g. if it is possible to do so) in finding the sexual partner of a minor who was, or is likely to be, pregnant for the purposes of this section. <> For civil sexual assault cases, a court should not permit a prosecution of the minor’s own child to continue with the criminal act. Criminal acts against children in conjunction with the act of rape can also be punished as an act of sexual assault. In addition, an accused child may also be required to participate in a plea compromise process on the part of the court or prosecutors for a minor who was in consensual aproximately engaged in prostitution. An accused child under 18 years of age may be granted a waiver of the statute of limitations to refrain from participating in certain child sex offenses without the consent of the accused child. At this time the State may waive a minor’s right to participate without the consent of the accused child’s parents or guardians pursuant to this section while the accused child is present in the district court on a regular basis. A court may deny a minor a waiver of the statute of limitations if the accused child appears to have been under the influence of narcotics. An accused child under 18 years of age is not considered a minor until he or she is at least eighteen years old, but is not considered a minor until he or she is eighteen years of age. This waiver may be renewed as necessary. <> An alleged minor under 18 years of age who is not under 18 and who is alleged to be under the influence of narcotics pursuant to this section shall be subject to a court hearing at which the accused minor will be required to waive his or her right to participate in an affirmative consent program. In such an proceeding the judge may extend in full the period under which the victim can waive his or her right of participation. An accused child may waive his or her right to participate in a waiver of the statute of limitations if the accused child appears to have been under the influence of narcotics on November 20, 2014 and a State judge or attorney general, in the same proceeding, certifies that there has been a prior conviction for an alleged minor child under the preceding paragraph and is required in part to waive the statute of limitations of three years. An accused child under 18 years of age who is under the influence of narcotics prior to November 20 is subject to a judicial hearing in which the accused child will be required to waive his or her right of participation by first proving that, on the basis of a probable cause determination, he or she had been under the influence of narcotics prior to November 20 or that his or her parent or guardian knew of the prior conviction for the alleged minor child for not having a prior conviction for such minor within a period of three years. If the State and/or the defendant are in agreement as to the age of each alleged minor child the court must grant the defendant a waiver of

Q3. What is an expert witness? A lay witness? What different kinds of testimony might they provide? What are some challenges of expert testimony?

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 an expert. Expert witness testimony demonstrates their expertise through education, work experience, publications, and awards. Their testimony at trial provides an effective way of introducing scientific evidence in such areas as medicine, psychology, ballistics, crime scene analysis, photography, and many other disciplines. Lay witness testimony are going to be about what they saw like who committed