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CS - Coursework Example

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The authors argue that, changes in society, science and technology, changes in other branches of the government and public opinion have had an impact on how…
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Americas Courts and the Criminal Justice System – Critical Analysis According to (Neubauer and Fradella 4), the United States Legal System, or Criminal Justice system is very dynamic. The authors argue that, changes in society, science and technology, changes in other branches of the government and public opinion have had an impact on how courts administer justice; implying that law and courts are not static institutions despite their long history of ensuring stability. 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 atrributable 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 fictitous and real trials offers a suggestions that the oucome of decisions in courts is influenced by people’s actions, 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 play a pivotal role. Court decisions, actions, and process affect 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 compononents 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 lay man to understand the process and role in brininging a case throught the court system. The approach by the authors of trying to illustrate fictious or dramatical court proceedings, as well as real court proceedings makes it easy for peopele 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 legitmate 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 proceduaral 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 upto 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 arbitor 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, it also offers an in-depth analysis of the civil law. Most importantly, Neubauer and Fradella offers lawyers, students, jurors, judges, and the public at large, an array of some of the most significance legal defences 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 criminal law on courts.
Work Cited
Neubauer, David W., and Fradella, Henry F. America’s Courts and the Criminal Justice System. 10th ed. Belmont, CA: Cengage Learning, 2010. Print. Read More
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