The key focus of this chapter is on the unique nature of the American court as well as their organization. In addition, there is a lot of beneficial information regarding the administrative procedures that takes place in the various courts. It is evident that the nature of the various courts is quite different based on two key facts, as has been witnessed. Firstly, when trying to find out about the truth in any case, an adversarial system is used. Secondly, the courts are often awarded their own unique status regarding the cases that can be heard in them (Peak, 2010).
The American courts have a dual system and every criminal justice professional should be privy to this and other unique courts. They include the trial courts at the state and federal levels, appeals courts, and the courts of last resort. There is a need to ensure that the country’s federal courts continue being administered in order to have a unified court system. There has also been a discussion on how policymaking is affected by the courts. The American court system needs to be reformed because it is often not easy to know the role of judges and courts. Lastly, the issue of many caseloads existing in the courts has been addressed in this chapter (Peak, 2010).
Chapter 8: Court Personnel Roles and Functions
There has been a drastic change in the function and role of court administrators and judges since they are now involved in the process of making policies. In the past, they were restricted to only engaging in court matters. Currently, the court system allows individuals who are not lawyers to engage in court matters. These individuals follow the established code of ethics in the profession as well as having practical skills needed in the job (Peak, 2010).
In this chapter, it has been witnessed that there is still some opposition to the integration of non-lawyers into the system. Court administration is an issue that attracts quite a lot of debate among people working in the judiciary. Lastly, there are developments being made in matters concerning court administration (Peak, 2010).
Chapter 9: Court Issues and Practices
Numerous challenges face the American courts, and they come from both external and internal sources. The challenges highlighted are those that will be present in the future as well as those in the present. Future and contemporary court operations and issues have many challenges that affect administrators. It is recommended that leaders in the courts be educated, well trained, accountable, and open to new ideas, as well as being innovative. This will help them deal well with the challenges that they face. Lastly, policymakers and legislators should be informed about the problems existing in courts and find ways to improve the situation (Peak, 2010).
In this speech, Roscoe Pound talks about the problems that the administration of Justice endured at the time. He claimed that the main source of the problem was the assumption that anyone that is competent can work at the administration of justice. At the time, no schools existed whereby individuals could take up courses in administration of the courts. The National Center for State Courts never existed, and most of the judges did not have a degree in law (Cane, 2011). Those who had a law degree went to law school for two years and were appointed to the bar based on merit. In the contemporary administration of justice, the sentiments shared by Pound have not changed as technology has reduced the competency of people working in the courts (Pound, 1906).
Cane, Peter. (2011). Administrative Law. Oxford: Oxford University Press.
(Roscoe. Pound, speech, 1906. The Causes of Popular Dissatisfaction with the Administration of Justice)
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