Criminal Courts, Essay Example

Adjudication is defined as a judgment or a ruling done legally; in other terms, it means the act of settling a claim or a legal case in a court or a justice system. The final pronouncement or judgment determines the action to be taken on the issue in court. The procedure helps in avoiding the lengthy and costly procedures to solve cases. An adjudication process commences when parties involved in the case write a notice of its intention to adjudicate. The notice should highlight several issues as the nature description of the case and parties involved, details of when and where the case started, nature of solution being sort, and parties’ names and addresses. After the notice is presented, an adjudicator is appointed before seven days’ end. The parties involved may choose their preferred adjudicator. If they disagree, the dispute referred pays a fee and apply to the body to acquire an adjudicator. The issuance of the referral notice follows. The referral notice is a document that explains the case on the two sides of the parties involved entirely. A timetable is set out to ensure that parties have quick and cost-effective feedback, which is obligatory until revised in arbitration or litigation. Within an approximation of two weeks on the referral notice’s issuance, the adjudicator expects the responding party to give a response. After all the processes, the adjudicator makes the final verdict, which is biding.

In the criminal courts, there are some areas where errors or unfairness may occur. In the practice of getting justice, unfairness may occur, as inequality in disparities in race, gender, and ethnicity are witnessed. Marc Mauer argues that in the system of criminal justice, there is a vast role race plays. In the black community, low-income earners were much subjected to criminal imagery (Mauer, 9). Today, about 20% of the country’s criminals found in the country are subjected to harsh punishment compared to the whites. A report by the Independent commission based on the Los Angeles Police Department compiled that racism and bias were why LAPD used excessive force following the incident of Rodney King.25% of LAPD officers agreed to the findings (Chaney et al., 490). Regarding gender, often, men are seen to be sentenced to harsh punishments as compared to women. It is not a good practice because if the criminal case is of the same magnitude, all parties are required fair judgment equally. Making assumptions without concrete evidence is a contributor to unfairness in courts. In 1979, a brutal rape case was reported in Georgia. The case involved John Jerome White was identified as the criminal through a line-up identification process. Despite John denying the allegation, the judge sentenced him to jail for a couple of decades. After the DNA test from the rape was presented, it showed that John was not the one who attacked the lady. The lack of proper evidence led to the innocent guy being imprisoned (Smith et al., 542).

Other than the weaknesses, there are areas in which our criminal courts are working correctly. The judiciary has grown to be a strong and independent Judiciary over the past years. Judges and courts act to provide and do their duties to the citizens without any influence or control from the government or legislative bodies. The judiciary granted the mandate to give the law impartially. The court being independent helps them in solving disputes in an unbiased manner. According to the national constitutional philosophies, the independent judiciary interprets the constitution accordingly, also acting as a watchdog. It creates a sense of confidence for the general public as they know the verdicts are fair. The providence of a people-oriented justice system in the court is another area our criminal courts are working correctly. For people who have experienced infringement of their rights, acquire justice. Other than that, the court ensures that the community lives in peace and order by punishing the criminals. The guarding of individual rights from the State’s intervention is another way the court participates in ensuring a people-oriented justice system. Lastly, a robust judicial system and human resources is an area the criminal courts are working correctly. The introduction of a concept to complete all justices is a significant advantage to complete many cases quickly. Judges appointed to the court are competent hence ensuring the judgment delivered is valid and fair.

Though the criminal courts have had many issues, including unfairness, there are many policies they can apply to improve the process. Firstly, we should ensure that policing practices are fair and effective. It can be ensured by holding police department negligence responsible, commit to uphold human rights and promote accountability guidelines such as civil and criminal lawsuits. Secondly, to employ justice in pre-trial practices and services. Some of the solutions and actions include do away with needless pre-trial detention. Legislators may amend the law, which prevents individuals from detention, which is unnecessary, and discovering time limits to give way to fast processing of persons arrested with consequences for courts that do not meet the limits. Another important practice is the abolishment of cash bails. The legislature should abolish the practice as it is a way that infringes on the less fortunate since if they cannot afford it, they are forced to be incarcerated despite their innocence. Thirdly, there should be an enhancement of prosecutorial integrity. Some of the potential integrity needed is encouraging diversion and creating an independent review. In terms of encouraging diversion, state legislatures and prosecutors should ensure fair and effective deeds such as severe cases are given priority, not arrest diversion programs, and have a review that diversifies diversion. Creation of independent review where the prosecutors make sure there is equality in prosecutorial decision-making.

A false conviction has been so much witnessed in our courts. There are different causes of false convictions such as mistaken witness identification, erroneous admission or identification, faulty forensic evidence, informants such as snitches in jailhouses, and government misconduct. With all the causes of false conviction, there are actions that, if taken, will reduce the risk of false convictions. Firstly, conducting a DNA test before commencing a case to ensure getting rid of innocent suspects. Every evidence presented should be carefully examined by the prosecutor or police departments to provide no false evidence. The prosecutors should be granted the opportunity to examine the file containing the evidence and detect its truth. A case post-review is necessary to prevent cases from reoccurring.

Works Cited

Chaney, Cassandra, and Ray V. Robertson. “Racism and police brutality in America.” Journal of African American Studies 17.4 (2013): 480-505.

Mauer, Marc. Race to incarcerate. New Press, The, 2006.

Smith, Steven M., R. C. L. Lindsay, and Sean Pryke. “Postdictors of eyewitness errors: Can false identifications be diagnosed?.” Journal of Applied Psychology 85.4 (2000): 542.