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Pages:
1 page/β‰ˆ275 words
Sources:
2 Sources
Style:
APA
Subject:
Literature & Language
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 3.6
Topic:

An Unmanageable Case Management Quandary

Essay Instructions:

An Unmanageable Case Management Quandary

Essay Sample Content Preview:

Case study: an unmanageable case management quandary.
Name:
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Institution:
21st April 2015.
The case study is an example of a how legal systems combine a lot of processes within their structures, to the extent of mixing them up completely and thereby creating bottlenecks in judgment of criminal cases. As it can be seen, it has a so called hybrid system which combines individual and master case systems. Putting this together with the calendar system and the personnel involved results to development of specific problems that can arise in the criminal division.
The first most likely problem to arise is that the judgment on a case might be extremely limited. This is because of the mixed calendar system that the court employs in its structure. Despite its advantage of ensuring a total coverage of an entire court hearing, the main undoing of the mixed system is that there is no allowance for introduction of a new perspective that can ensure the case is looked at in every dimension.
Secondly, there might be a delay in delivery of judgment in the division. Looking at the structure of the court as depicted by the case study, it says that two judges are assigned to hear criminal cases and motions for a one month period, after which they are replaced by two others, who take over on all the pending cases left by the other two. As it can be seen from this situation, the speed of judgment delivery on the cases, especially the pending ones, is likely to be slower since these incoming judges will require time to readjust and familiarize with the case details (CPR, 2015).
Thirdly, there is likely to be a bias, an overlap or an inhibition in judgment of the cases, depending on the judge perception, or in short, there might be a conflict of interest. For example, since the system involves rotation of judges within the division, each incoming judge will be faced with two choices when it comes to handling a pending case. The judges might decide to withhold their personal opinion in order to avoid discrediting the earlier decisions made by the judges before them, or totally disregard all the decisions made by the other judges. This poses the risk of double standards as well (NSW, 2015).
Finally, the criminal division is likely to be faced with a backlog of pending cases. This is a spillover effect of having a variety of cases reviewed by more than one judge within a fixed period of time. The criminal court system has se...
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