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America's Courts and the Criminal Justice System - Essay Example

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In the essay “America's Courts and the Criminal Justice System” the author discusses the United States Legal System, or Criminal Justice system, which is very dynamic. The authors argue that changes in society, science, and technology, changes in other branches of the government…
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Americas Courts and the Criminal Justice System
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It is worth noting that, the authors, Neubauer and Fradella, acknowledges the importance of courts adapting to change, since, change in society, technology, science, and the public, is today inevitable. Chapter 1 of Neubauer and Fradella’s book examines the controversy in courts and crime that is brought about by change.The controversy in courts and crime is also attributable to the extensive attention to law by the media. This extensive media attention on courts and crime has its merits and shortcomings.

Neubauer and Fradella argue that media coverage of fictitious and real trials offers suggestions that the oucome of decisions in courts is influenced by people’s actions, the law as it is-by the books-, and law in controversy (5). This clearly helps illustrate how dynamic courts and the criminal justice system is dynamic. This book offers a substantial argument that the U.S criminal justice system is heavily dependent on the courts, which, arguably played a pivotal role. Court decisions, actions, and process effect or have important consequences on the other components-the police and corrections personnel-of the criminal justice system (8).

Likewise, the actions and operations of the corrections department and law enforcement have important consequences on the judiciary. Despite this obvious interdependence of these components of the criminal justice system, Neubauer and Fradella, concede and argue that conflicts and tensions exist. Reading Chapter 1 of America’s Courts and the Criminal Justice System gives one a sense of how or what it is like to be an actor of the court-a prosecutor, juror, judge, or a defense attorney. This makes it easy for a layman to understand the process and role in bringing a case through the court system.

The approach by the authors of trying to illustrate fictitious or dramatical court proceedings, as well as real court proceedings makes it easy for people to understand the criminal justice system from a common or popular perspective.Stepping into Chapter 2 of America’s Courts and the Criminal Justice System book helps the readers understand the key elements that define law, which include law being a body of rules, it is enacted by public officers in a legitimate manner and that it is state-backed (Neubauer and Fradella 29).

Readers are able to understand the origin of the American Legal System, which according to Neubauer and Fradella, traces its origins to the English common law, which is based on precedent, was judge-made and can be found in multiple sources. The chapter offers a critical analysis of the significance of the adversary system-which looks at law as both procedural and substantive. As far as the adversary system is concerned, anyone aspiring to be a prosecutor needs to understand that it is upon a prosecutor to prove, beyond any reasonable doubt, the guilt of the defendant.

Likewise, it is up to a defense attorney to assert legal protections in his/her defense of a client’s innocence. Readers also get to understand the role of a judge a neutral, disinterested arbiter ensuring that both the defense attorney and the prosecutor make their arguments within the set laws, whereas the jurors make decisions based on the facts of the case and the law (32). This well-researched and captivating chapter not only offers an insight into the Bill of Rights with specific attention to the criminal procedure, but it also offers an in-depth analysis of the civil law.

Most importantly, Neubauer and Fradella offer lawyers, students, jurors, judges, and the public at large, an array of some of the most significant legal defenses with regards to American law. In conclusion, it is worth noting that, this chapter, Chapter 2, dwells more on matters of criminal law, including the effects of criminal law on courts.

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