Essay Dual Court System

1094 WordsMay 2, 20065 Pages
Q1. What is the dual-court system? Why do we have a dual court system? A. The dual-court system is the result of a general a agreement among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in…show more content…
For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual misconduct may be pleaded out as assault. Such a plea, which takes advantage of the fact those indecent liberties, can be thought of as a form of sexual assault, would effectively disguise the true nature of the offense. Law and order advocates, who generally favor harsh punishment and long jail terms, claim that plea bargaining results in unjustifiably light sentences. As a consequence, prosecutors who regularly engage in the practice rarely advertise it. Often unrealized is the fact that plea bargaining can be a powerful prosecutorial tool which can be misused. I think that plea bargaining is acceptable practice used in today's criminal justice system because it results in a quick conviction without the need to commit the time and resources necessary for a trial and judges accept pleas which are result of bargaining process because such pleas reduce the workload of the court. Q3. What is an expert witness? A lay witness? What different kinds of testimony might they provide? What are some challenges of expert testimony? A. An expert witness is a person who has knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Lay witness is an eyewitness, character witness, or other person called upon to testify who is not considered an

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