Court Issues Analysis Michelle Capps CJA/394 October 29, 2012 Troy Hokanson Court Issues Analysis Today’s criminal justice system has come a long way from when it first was established, but with no question there is still much work that needs to be done. The juvenile justice system needs to work at making sure that the juveniles get a better and faster justice process. The debate of the juvenile justice system and the effectiveness of it remains a huge controversy in debates. The issue of language interpretation is another of many issues causing a stir in the justice system.
With all of the immigrants and people who do not speak English that come through the justice system there needs to proper interpretation so they can have a fair and unbiased trial. This would allow them to understand their charges and what could happen to them during trial. Then there is the issue of victim’s rights and making sure that they are not being left out in the cold and over looked more than the offender. All of these issues could be monitored better or ever fix if there is a strong foundation in the management that runs the court system.
Communication between all parts of the criminal justice system would catch situations that may arise. Current and Future Trends Facing Courts and Administration There are many issues facing the criminal court system and the administrators today. One problem is the juvenile court system and if it should be done away with. This debate is ongoing, and looks to have no end in sight. Juvenile courts are nothing like the original concept that was formed years ago. Juvenile court was intended to help the young offenders get their lives back on the right track, but today they focus on harsh punishment instead of rehabilitation.
The question do juveniles get the due process they are entitled to is a main subject being debated. When juveniles are arrested they do not receive bail, trial by jury, or the right to a speedy trial like an adult. This is where the question comes into play are they being treated fairly? The debate of keeping a juvenile court system running is still being talked about today, and the biggest concern is the cost of running the court system. The cost is extensive and this is the main reason people believe it should be done away with all together.
Another problem with the juvenile court system is the use of the waiver, because this is damaging to the integrity of the juvenile court system. The system sacrifices the juveniles that are seen as adults in order to save what are seen as true juveniles. If the line of criminal and juvenile courts were to be abolished then the youth advocates could focus more on ensuring the youth get a better and quicker defense (“Can We Do Without Juvenile Justice”, Criminal Justice Magazine, Volume 15, number 1, 2000). In the future there must be more focus on having a better juvenile justice system.
One factor that could be looked at to improve the juvenile system would be “blended sentencing”. This would allow judges to impose juvenile and adult sentencing at the same time. This would allow juveniles to see what would happen if they did not follow the rules of their juvenile sentencing, and could deter them from becoming a repeat offender (“What of the Future? Envisioning an Effective Juvenile Court”, Criminal Justice Magazine, Volume 15, Number 1, 2000). Case overloads are another problem that occurs in the criminal justice system.
Public defenders are overloaded with way to many cases and have very little if any resources to turn to that will allow them to provide a good defense for their client. Having to many cases often makes them ask the judge for more time to prepare for their case and this causes the courts to be put on hold. This does not allow an offender to a fair speedy trial and cost the court more money if they keep putting the cases off to a later date. This problem could be eliminated if there was better case management in the justice system. Many people believe that the judge holds all the power but this is not true.
The prosecutor really holds all the cards, because he decides if a case go to trial not the judge. This is where better management would help out with how cases are handled. With a strong management base then the system would run better because everyone involved in the cases that are seen would know more about what is going on. Communication is the main key to having a strong management base in the system. If the judge, prosecutor, and defense all communicate on the cases then they could move forward faster and have a better outcome. Interpretation Services Among the nation’s most significant trends for the 1990s and the next century are the interrelated ones of immigration and cultural diversity (National Center for State Courts, 2012)”. The estimated number of non-English speaking people in the United States was nearly 32 million in 1990. Diversity makes it difficult for the justice system to ensure the Constitutional Rights of the Fifth, Sixth, and Fourteenth Amendments of the U. S. Constitution. Language barriers cause the offender to not know what is happening during their court proceedings.
This is the main reason court interpretation is an issue for court management. Court interpretators are not qualified to work in a court room. This can lead to miscarriages of justice and wrongful convictions. In the future to help with this problem management needs to require that any person preforming court interpretation should have the minimum training requirements. A person being bilingual does not qualify a person to work as a court interpretator they must also know the law and how to report word for word of the statements being made.
If proper training and management are carried out then this problem could not exist (National Center for State Court, 2012). Victims’ Rights Victims’ rights are an important part of the criminal justice system. They ensure that the victims of crimes are protected from their offenders, and are allowed to follow their court cases from the beginning till the end. They allow the victim to know when their offender is set out on bail and allowed to make a victims impact statement during the trial process. This will allow the jury to see just how the crime has affected them and their family.
In the future of victims; rights could highly depend on marketing more victimization prevention devices. People want to feel protected and devices such as: antitheft devices, alarm systems, license plate recognition, and surveillance cameras could do just that. The technology today makes people feel safer and they will buy devices such as these to protect themselves and their homes (Muraskin, R. &Roberts, A. R. , 2009). In conclusion, trying to solve many problems that are in the criminal justice could lead to a better running system.
Making changes to the juvenile system so juveniles get a better outcome at their trial could lead to less juvenile crimes. Properly training court interpretors will help non-English people understand their right during their court proceedings and lead to less misinterpretation in court. Ensuring victims; rights are being followed will lead to a better understanding and trust between the community and police. New technologies made can put peace in a victims life that even police officers can’t because they cannot be there every minute of every day but security devices can.
Finally, better management in the criminal justice system will lead to an altogether better justice system. This will allow for smaller case loads and less postponed cases on the docket. Communication between all parties involved could lead to fast and better outcomes to many cases, and this will cut on cost and time. Management is the foundation of the justice system and if there is a crack in the foundation of anything in time it will crumble to the ground. References “Can We Do Without Juvenile Justice? ” Criminal Justice Magazine, Volume 15, Number 1 1 (Spring 2000).
Muraskin, R. & Roberts, A. R. (2009). Visions for Change: Crime and justice in the Twenty-first Century (5th ed). Upper Saddle River, NJ: Pearson/Prentice Hall National Center for State Court. (2012). The Increasing Importance of Language Interpretation as a Management Problem in the Courts. www. ncsconline. org/ Publications/Res_ctlnte_ModelGuideChapter1Pub. pdf “What of the Future? Envisioning an Effective Juvenile Court”. Criminal Justice Magazine, Volume 15, Number1, (Spring 2000).