Court Issues Analysis

1165 Words Aug 7th, 2012 5 Pages
Court Issues Analysis “The primary function of American criminal courts is to determine the legal guilt of the accused—that is, to determine if a person is guilty beyond a reasonable doubt of committing a crime”, they essentially take over where police left off (Robinson, 2009). Though courts do much more than find people innocent or guilty, they also are “responsible for determining bail, conducting preliminary hearings (or grand juries), ruling on the admissibility of evidence, and determining the appropriate sentence when a finding of guilty has been reached” (Robinson, 2009). Though they perform many functions for the criminal justice system, there are many issues still facing the courts today. In this paper I will be identifying …show more content…
In my opinion, plea bargaining should be kept to a minimal and only for the less serious crimes, so there would be less people committing crimes for the fear of receiving a harsher punishment because they cannot plea bargain their way out. The only problem with keeping plea bargaining to a minimal is that the courts are severely understaffed and the number of caseloads is too big for court administrators to handle. But through the practice of employing more staff, there will be less of a responsibility to a small group of people therefore being able to take on more caseloads. This then brings us to another issue courts and court administrators are facing which is public attorneys versus private attorneys. The justice system should be fair to everyone regardless of their economic or social status. With that being said, people who cannot afford attorneys get a public defender, whereas people with more money can hire a private attorney. The problem with this is that public attorneys have a much bigger case load so they have less time to focus on a client, whereas a private attorney can focus on one client at any given time giving criminals the opportunity to receive a lesser punishment for the same crime. “When one compares the various outcomes of court processes when clients have publicly provided defense attorneys, such as public defenders, and private attorneys at both the state and federal level, the following facts emerge: Defendants with private attorneys