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Problems with the Justice System in America

Problems with the Justice System in America. The Courts have become busier : 1. Number of cases 2. Length of cases 3. Shortage of Judges 4. Inefficient Judges 5. Legal processes. Continuance : a postponement of court events to a later date.

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Problems with the Justice System in America

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  1. Problems with the Justice System in America The Courts have become busier: 1. Number of cases 2. Length of cases 3. Shortage of Judges 4. Inefficient Judges 5. Legal processes

  2. Continuance: a postponement of court events to a later date. • Speedy Trial Act (1974): Congress said a trial has to start within 60 days. • Cost is another problem. Where does the money go?

  3. How to reduce these problems? 1. Victimless crimes. 2. Traffic violations (no-fault insurance) 3. Divorce court (to be or not to be) 4. “Cat and dog” cases (~$2000)

  4. 5. Arbitration: 3rd party solution 6. Administrative agencies: FCC 7. Plea bargaining: but is it ethical?

  5. Sentencing is often inconsistent. Judges can choose several alternatives: 1. Money (fine) 2. Community Service 3. Suspended Sentence (not served) 4. Probation: 2/3rds of all criminals 5. Incarceration (jail time)

  6. Choices of incarceration: 1. Time to serve 2. Mandatory sentencing 3. Level of prison (max, min…) 4. Death penalty? 5. When will parole occur?

  7. Proposed changes: 1. Have psychologists and sociologists participate in sentencing. 2. Sentencing guidelines (minimums and maximums).

  8. Rehabilitation Jails are local, while prisons are regional and federal. Originally, they were for holding prisoners until they were hanged or had various body parts cut off. (Ick)

  9. Reasons why we put people in jail. • Retribution (punishment) • Deterrence • Protect the public • Rehabilitation (?) But does this work?

  10. Recidivism When a criminal released from prison falls back into criminal behavior. This often happens within 5 years of their release.

  11. Can these criminals be “cured” of criminal behavior?

  12. Why these “rehabilitation” programs fail. • Overcrowded facilities. • Poor condition of facilities. • Location of facilities. • The criminal element (birds of a feather.)

  13. $ Restitution Paying back your debt to society or paying back the damage ($, cost of property) done to the victim. $

  14. Juveniles in the legal system Juvenile = under 18 years of age. Dependency Action: 1. Neglect by parents. 2. Desertion by parents or homeless 3. Living in an unfit home.

  15. Delinqency 1. Criminal action by the minor. 2. Truancy. 3. Vagrancy (wandering from place to place without the means to earn a living.)

  16. Court options: The minor be found to be a “Ward of the Court”. This means that the court has legal control over the child. The court may do several things. The following can be done in “delinquency proceedings”.

  17. Ward of the Court 1. Return the minor to the parents. 2. Suspend a license or revoke a privilege. 3. Probation. 4. Refer the minor to an adult court.

  18. Age of Majority: The age at which a minor legally becomes an adult (usually 18).

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