Exploring the American Legal System: History, Biases, Sentencing Trends, and Ethics - Report Sample

Why there is a standard law system of courts

The common law system is the body with rules that are legally established by judges in their work of ruling on cases that follow the law and regulations given by the legislature or the official statutes. There is a standard law system of the court to generally guide the judges by simplifying their ruling on the cases. The common law develops and also examines the responses to real life (Weinstein, 2017). It is seen to be flexible and even faster and responsive than other laws like parliament law. It often reacts by rapidly responding to the expectations of the community hence changing the social value.

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How did historical events form the foundation for the American Court System?

The legal system of America has its base in the British System. The British system is based on common law (Dragomir, & Tadros, 2020). Through their decisions in this system, the judges usually form the law by their interpretations conclusions, and rulings that are later collected to a law body that is understood to as the case law which the other judges will use as the reference.

Determine whether the American system of justice is inherently prejudiced

The American system of justice is undoubtedly inherently prejudiced. To justify this, in some past years, the inmates who were being sentenced were African-American. The African-American males were incarcerated more than the male white males (Voisin, 2017). The defendant is not supposed to be treated differently following the US's principle, the justice system. People are not supposed to be treated differently just because of their differences in race. Determine whether or not the courts have treated individuals in different ways of administering justice.

Discuss the rationale for having elected and appointed judges

Judges are not elected. Either they are appointed. Most of the judges do serve until they retire until their death or are convicted by the senate (Dragomir, & Tadros, 2020). They are the reason behind this; it is to make them able to insulate some of themselves from the public's passion, allowing them to apply the law partaking only in justice in themselves hence not the electoral or the political apprehensions.

Examine how history affects modern trends in sentencing

The criminal sentence in the past years has led to an increase in the national prison population. Therefore, prisons are overcrowded as a result of many prisoners. History has affected the modern trends of sentencing by implementing life imprisonment where individuals are convinced and jailed for long terms (Kamalu, & Onyeozili, 2018). Since the past introduction of this method, the new growing generation has been seriously treated and taken. History has laid the foundation for how an individual should be sentenced. Therefore, the modern trend is used in ruling out and administering the sentencing to the convicted individuals.

Determine the fairness of mandatory sentencing guidelines

The fairness of mandatory sentencing involves adhering to the laws that are set to sentence any individual. The judges are also supposed to be fair and treat all individuals equally. The guidelines state that every individual has a specific time they are supposed to be jailed.

Explain how stare decisis or precedent decision-making governs modern jurists

The stare decisis makes sure that the case partaking similar situations and facts is approached in the same way following the historical point. That way, the court is bound to follow legal precedents that are set by the previous decisions.

Discuss how balanced and restorative justice differs from traditional sentencing norms

Balance and restorative justice involve the relationship that is among the offenders, including the victim. In contrast, in the traditional sentencing norm, the victim and the caseholder are asked to settle the dispute. The punishment would be administered after listening to both sides, and they were made to reconcile again later.

Discuss how ethics and self-policing are essential to attorneys and criminal courts

Self-policing is essential to attorneys in the criminal courts. It enables the lawyers to decide according to how they understand and ensure they can defend their clients accordingly. It gives the attorney room to think and analyze the information, therefore, without being interrupted by others' decisions or others' opinions.

Defend your position on whether plea bargaining is ethical

Plea ethics involves the arrangement involving the prosecutor and the defendant. The defendant begs guilty to less custody in an altercation for a more compassionate verdict or a bargain to drop over accusations (Weinstein, 2017). It is ethical since the prosecutor is given the minimum sentence deadlines that, in return, help them to change without sending them to jail for long terms. Therefore, I support that it is ethical.

Explain the use of paid experts and whether the courts should trust this testimony

Some experts are paid to testify in the courts. Because they are just hired and paid, that way, they, in most cases, give false testimonies in a manner of defending the one who hired them so that they can win the case. Therefore, the court cannot trust this expertise unless they have any evidence to support their accusations. The court is supposed to rule following the evidence that is proven which they get from the individuals and not believing anything they just come to testify.

References

Dragomir, R. R., & Tadros, E. (2020). Exploring the Impacts of Racial Disparity Within the American Juvenile Justice System. Juvenile and Family Court Journal, 71(2), 61-73. https://onlinelibrary.wiley.com/doi/abs/10.1111/jfcj.12165

Kamalu, N. C., & Onyeozili, E. C. (2018). A Critical Analysis of the Broken Windows' Policing in New York City and Its Impact: Implications for the Criminal Justice System and the African American Community. African Journal of Criminology & Justice Studies, 11(1). https://www.umes.edu/uploadedFiles/_WEBSITES/AJCJS/Content/VOL%2011%20KAMALU%20FINAL.pdf

Peffley, M., Hurwitz, J., & Mondak, J. (2017). Racial attributions in the justice system and support for punitive crime policies. American Politics Research, 45(6), 1032-1058. https://journals.sagepub.com/doi/abs/10.1177/1532673X17692326

Voisin, D. R. (2017). Involvement in the juvenile justice system for African American adolescents: Examining associations with behavioral health problems. Journal of Social Service Research, 43(1), 129-140. https://www.tandfonline.com/doi/abs/10.1080/01488376.2016.1239596

Weinstein, I. (2017). Coordinating Access to Justice for Low-and Moderate-Income People. NYUJ Legis. & Pub. Play, 20, 501. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/nyulpp20&section=16