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5 & 6 - Coursework Example

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Q#1: Unlike what is depicted in many lawyers themed television shows, (Chapter 5) depicts the courthouse as a place dispensing “assembly line justice”. Through its use, many victims and defendants are given closure with a timely disposition of their court cases. However,…
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5 & 6
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Download file to see previous pages... Despite the debatable assertion that it is important to apply the “assembly line justice” concept because of the large caseloads compared to the resources and personnel needed to handle them, there are a myriad of considerations that are overlooked. Using assembly line justice means that cases do not get individual attention and there are not questions of fact or law that are raised and as such, dispositions in such cases are just routine.
This concept is particularly unjust because, important aspects of a case may be overlooked and as such the dispositions made may be unjust or cruel, despite the fact timely closure for both victim and perpetrator is given. This is because defendants and appellants rights to trial are denied; most cases end with a plea bargain, usually of guilty simply because the court considers the cases routine (Neubauer and Fradella 123). Additionally, this concept of assembly line justice has shifted the focus of courts from the traditional due process procedures, whereby, the courts’ actors, specifically defense attorneys and prosecutors, were required to prove their cases beyond any reasonable doubt before any resolutions can be achieved or reached to courts trying to reach resolutions without any adjudication (Neubauer and Fradella 124). Therefore, using the assembly line justice concept on the mere argument that it helps deal with the issue of excessive caseloads is neither here or there, since it clearly overlooks other fundamental aspects of the court system including the rule of law, local legal systems and the relationship with organization. Therefore, the use of assembly line justice is not just and should not be used.
Q #2: The Supreme Court has decided that prosecutors (Chapter 6) are to be immune from civil lawsuits arising from them acting in their official capacity. Without this type of legal protection, it was feared prosecutors would hesitate to do their jobs because they would be scared of ...Download file to see next pagesRead More
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