Departure of the Court System

Criminal Justice Administration
MET CJ 831
Assignment 3
02-09-2015 Our judicial system has been around to dissolve disputes since our founding fathers. The adversarial system is the foundation of our court system as we know it today. But because our nation has changed immensely since our founding fathers, the judicial system has been forced to change in order to be accommodating. It hasn’t been replaced over time but modified to fit the needs of the system and its society. The formality of the system, from its laws and process all the way down to the decor and decorum within the courtroom, reflects the impression we have of the judicial system. The judicial system in this country has a dual court system which is made up of one national court system and 50 state courts systems plus the system of the District of Columbia. (Peak 2012) All have been held in high regards. However, there are many ways the court system departs from the legalistic interpretation of the judicial system. The system, in a democratic society, is more complex than others. For instance, different from ours, countries like Afghanistan use violence with little concern for individual rights to achieve justice. Here, in the United States, the use of the due process model and the crime control model are how criminal cases are processed. (Peak, 2012) The due process model points out that offenders are innocent until proven guilty. It is more concerned with a person’s rights than it is proving their guilt. The loss of freedom and civil liberties of the accused are protected in this model. On the other hand, the crime control model indicates the accused is guilty and must prove their innocence. In this model, cases are pushed through at a swift rate with little regard of rights, or guilt or innocence. Since the due process model “calls for a more thoughtful and careful approach” (Peak, p. 186), case delays arise. This causes problems such as overcrowded jails, public…

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