Term Paper on "American Legal System"

Term Paper 10 pages (3469 words) Sources: 10 Style: APA

[EXCERPT] . . . .

People think that courts are so slow and take too much time in shutting down a case, while others think they are too harsh on an accused. This invokes therapeutic jurisprudence. The therapeutic jurisprudence is the influence of law and justice system on the common populace's emotion, mentality and behavior (Neubauer and Fradella, 2011). Judges and lawyers think that their actions will have a negative impact on the society and feel uncomfortable. A small society can comprehend their own inhabitant's action better than the judges. Now such factors are being played in the court deciding the direction judges should take (Carp, R et al., 2007).

That's a positive thing for the justice system. The society adapts and shapes itself but should the government. Once upon a time, it was a crime for two people to have sex. Now it's deemed as a legal act. A wrong ruling by the court can result in a backlash from the society. Hence, the courts must be careful (Carp, R et al., 2007).

The society will understand if a mother fights in her self-defense to protect her offspring's even if the court thinks otherwise. A wrong conviction may not seem to agree with that society as people are already suspicious about the justice system. The court system is a court acting on its own and making the society a better place. Seldom justice is postponed but it doesn't mean it's denied. It's become a norm for people to say that since they demand a fast trial as life is so fast these days. Time is needed to defend a case properly in front of a judge (Carp, R et al., 2007).

On the other hand, so much delay violates the sixth amendment of the United States of America constitution. It gives the American public the right to a fair and legal trial. If the trial is extended or delayed unnecessarily then the case is usually dismissed. The quotation 'Justice delayed is justice denied' holds for all as American public should receive fair trial by the American legal system. The meaning is by postponing a trial too much is keeping the victim in jail or under pressure while stealing their right to live an innocent life otherwise. A court hearing is a tough time for concerned individuals and their loved ones. The process should end within a set time frame (Carp et al., 2007).

Lengthy trials are often advantageous for both the lawyers and prosecutors because the prosecutors can build a solid case against the defendant while the lawyers can earn money as they are paid by the hour. The defense can look over deeply if law enforcement may have made a mistake during their investigations. After all, the defendant is innocent until proven guilty. What about ending a trial quickly? The speedy trial can't be that effective and certainly not trustworthy. Speedy trials are conducted when a person is arrested and accused of a crime against the state. Postponing the trial for a year can violate the sixth amendment (Scheb, 2010).

Often delays are required in a court of law because the case is so intricate and often witness needs more time to solidify his case. In case if defense hasn't mentioned time take to reach a trial then it's at fault clearly. The case is otherwise for a case if the lawyer is delaying. Seldom, the case are delayed because there aren't enough judges to hear cases, hence trials can get extended. If the precinct is swarming with criminals and law enforcement agencies are pushing to prosecute every case, then the case should act accordingly. The writer thinks that there are more criminals in the streets than in jails. Similar is the case with judges in courts. Some delays can be tolerated while others can't be. Justice should be hastened but neither delayed either. The society and judges can't keep the witnesses waiting for the innocent to be held up. The writer is of the opinion that conditions differ according to different cases and no one's guilty until proven. Justice is equal and fair for all and when a case is shut, the concerned personnel should feel that it was the right decision. There shouldn't be an air of ending the trial too quickly (Scheb, 2010).

The role of the prosecutor is to represent the state. Their job is to advise the law enforcement agencies on which charges to file against the defendant (Nuebauer and Fradella, 2011). They can advise on bail to the judge presiding. They may also contemplate on the charges to be filed against a person (Nuebauer and Fradella, 2011).

The law enforcement agencies think that bringing up charges against the defendant is enough for shutting a case while the prosecutors think otherwise (Nuebauer and Fradella, 2011). If police statement is skating on thin ice then the case may end in a stalemate. The prosecutor must have the correct information and statement to shut a case. In some states, the prosecutors and law enforcement agencies are working side by side in bringing down criminals as they are open and cooperative amongst themselves (Nuebauer and Fradella, 2011).

The police officer is often a prime witness during car accidents and petty crimes. They are sworn and expected to highlight the events as they unfold. The officers have intricate and detailed knowledge about the crime occurring. Apart from that they have more knowledge than investigators and commonplace witness who observe with not-so-keen eye. There must be a strong working relationship between law enforcement agencies and prosecution as opinions certainly differ, but the prime objective here is to give justice and a fair trial. People view and think differently and that's perfectly fine. Every angle is important and so is communication between fellow law personnel to make society a better place (Humbach, 2007).

The police officers need to be aware of the crime and appear as witness during its course. They must take valuable notes while investigating. Note the vehicles driven by the accused in this case. They should jot down statements from people involved and check their credibility. The date, person and time of people involved must be taken in consideration. The writing must be legible and easier to comprehend. Police officers should remember that their work will be under heavy scrutiny (Humbach, 2007).

The officer must be present for a preliminary hearing which decides whether a case is supposed to be fought in a court of law for the crime committed (Nuebauer and Fradella 2011). He might be able to testify in front of a grand jury. The grand jury decides whether or not to charge the accused of a crime (Nuebauer and Fradella 2011).

The police officers should be investigating mentally as well during the course of a trial and converse with their fellow officers at the same time. They can place the events one by one. They should place the pieces of the puzzle piece by piece and testifying new evidence as it comes (Humbach, 2007).

After they are notified about the date of the trial, they can collect all the reports and data collected up till now. The officer can talk about the case and discuss their testimony as well. The prosecutor must be given all the relevant data prior to the trial. This includes case files, photos, reports and relevant information. The police officer must be professional and discuss the case only. They should fully describe the full crime scene. They can't afford to be too technical or in-formal. People should comprehend their description. The defendant's whereabouts must be mentioned and his actions must be made clear at the time (Feinman, 2006).

The officer must be ethically straight and shouldn't give evidence or additional testimony which isn't required during the trial. The officer shouldn't be biased against the defendant and exaggerate the facts. They should rather answer questions asked of them and that's about it. Maintaining eye contact with the judge and the lawyer is also necessary for that matter to display confidence. The behavior of an officer is quite important in a court as the judges notice it all too well. They can't afford to become personal or unbiased. Their work ethic should be stringent and remain professional at all times. They should be in formal dressing during trials and court appearances (Feinman, 2006).

The police officers are men who uphold law hence they are obliged to perform their duties to the best of their abilities. This being said, while appearing in a court hearing, their job is to remain unbiased and impartial in their testimonies in front of the judge or the jury. The police officers need to have proper documented information and data regarding the case at hand. They must be present in court appearances when their services are demanded. The police officers would commit perjury if they are found lying under sworn testimony. The police officers should produce circumstantial evidence in court of… READ MORE

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