Comparative Analysis Of The American And Nigerian Adjudicatory Processes Essay

The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.

In considering the effectiveness of the jury system, it is first necessary to understand the roles of juries. Primarily, a jury is a body of legally unqualified citizens who agree on a verdict based on evidence

The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.

To provide a balance in specific nations and considerations of cross cutting, the issues must go beyond national boundaries. The traditional contrast of adversarial versus legal systems will be to determine what impacted each system that may have on preventing wrongful convictions and whether or not the traditional difference remains viable or needs revision. The number of public policies intended to reduce the number of these convictions and compensate more fairly and just to those who are the victims of these mistrials.

In this paper I will provide an analysis of a jury trial; my analysis will focus on the right of the defendant. I will articulate how a defendant 's rights at trial can be assured when it comes to The defendant’s right to a speedy trial, the defendant’s right to an impartial judge and the defendant’s right to an impartial jury.

In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations.

For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.

The justice system in the United States has two systems, federal and state levels and not only one nationwide structure such as in Finland. The resemblance and differential among the justice systems of the United States and Finland. The similarities and dissimilarities amongst the U.S. and Finland to a degree, the format

It is the right of the jury to judge what the facts are, what the law

Large amounts of criminal and civil caseloads are pouring into our American court system, and it could lead to an “erosion of the quality of justice, the quality of services delivered by the courts and a reduction in the public trust and confidence in the judiciary” (Albers, 2013, p. 204). The role of a court administrator is very demanding because

Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The

The judge exercised unilateral power in the justice system; his temperament, punctuality, knowledge and authority remained unchecked. He investigated suspects, formed judgment and prescribed punishment (Foucault 19). In particular, an investigation established the suspect’s involvement in an act. The judge studied its results and diagnosed guilt. Then he prosecuted according to the law (Foucault 19). Although he controlled the justice system, the judge lacked authority in alternative areas of society. His influence remained unchanged until the late 19th century.

The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.

To further compare Algeria to America, Underhill employs the image of legal practices in both countries. He demonstrates that in Algiers in terms of justice, “instant decision relieved the anxiety and saved the purses of the parties” and shows how in America’s judicial system, “the long bill of cost, [and] the law’s delay . . . had taught [him] to view the judicial proceedings of our country with a jaundiced eye” (Tyler, 200). Through showing this difference, he believes that change may be elicited in the United States as well. “I present it to my fellow citizens. If it is generally pleasing, it may be easily introduced among us” (Tyler, 202).

This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the judiciary had been of recurring academic discuss in some jurisdictions with written Constitutions, particularly the United States from where Nigeria largely borrowed its presidential constitutionalism. This thus suggests that there is a need to