Comparative Law
There exist two legal traditions in both the United States as well as Europe- common law of the Anglo-American as well as the Germanic civil law. The two systems have undergone evolution into what is currently denoted as either accusatorial or inquisitorial systems.[1] The tradition of civil law is centered on an individual and is based on the Roman law tradition while the tradition in common law revolves around adjudication which can be traced to a period of Normans’ conquest of England. In common law tradition, the procedure is dictated by an inquisitorial nature of procedure which has challenged the majority of the legal professionals as well as laymen who are used to the accusatorial procedure.[2] Such broad and distinct legal traditions, as well as their historical links, have resulted in a greater number of procedural differences that have farfetched implications in the United States as well as the United Kingdom’s systems of criminal justice when compared to countries in the Latin America as well as Europe. This paper holds that the criminal process in Anglo-America has shifted from being a distinct criminal process towards a regulatory process premised on criminal risk analysis.
One major contribution to such a shift can be linked to the fact that courts in the weaker states, which are run on adversary systems, to be precise, exhibit a greater level of inefficiency as well as ineffectiveness.[3] Such shortcomings are characterized by the increase in the time of hearing a criminal case which in turn pushes the overall cost upwards leading to poor outcomes due to resource constraints. As a result, the shift in resolving disputes in the current administrative state has favored regulatory agencies as opposed to the use of courts.[4] Even though such a move is most apparent in the welfare state expansion that created regulatory agencies to manage disputes before they escalate, the same has been applied in civil law where regulation is greatly exploited in resolving disputes in matters that were once categorized as torts and contracts which were heard in common law courts.
For longer periods in both United Kingdom as well as North American, most of the major magistrates’ common response to criminal complaints was associated with the imposition of the recognizance to enhance peace, recognizance to enhance the defendant’s good behavior.[5] Such two legal forms that have close semblance were authoritative as well as effective regulatory devices used by the court to reduce the possibility of escalation of the conflict. In the United Kingdom, the courts required the suspects to have two relatives or friends who could post surety bonds on their behalf which stands to be forfeited in case of breach of court conditions.[6] Such conditions were marred with utmost vagueness which in turn promoted the victim’s, as well as court’s power and through such usage, friends as well as relative bond sureties, were effective regulatory devices. Individuals who ascribed to such requirements of the court worked tirelessly in an effort of avoiding any possible court trouble and could closely monitor the suspect lest they lose the bond amount and securities.[7]
Just like in the United States, Israel has shifted to community courts with a major emphasis on community involvement in the criminal process. Inspired by the Red Hook Community Justice center established in Brooklyn, New York, the Israeli community court functioned in addressing the distinct judicial as well as the social needs of the community at the local level.[8] The court systems of such nature emphasized the adoption of alternative punishment methods, which applies restorative as well as restitutive systems that cumulatively work to democratize the criminal system of justice. Even though views from certain spheres have negated the belief that the community courts have compromised the procedural rights of the offenders, the community courts have drastically minimized the rate of incarcerations as well as enhanced the trust of the offenders.[9] The US-based community courts, for instance, is characterized by the collaboration between the prosecutor, attorney of the defense, representative of the local community, as well as the social worker in the judge’s leadership to extend a comprehensive rehabilitation as well as restoration programs for perennial low-level offenders. With a major objective to strengthen the capacity of the local communities, courts of such nature only work on crimes that affect the sense of personal security of the citizens.[10] The implication is that there is a transformation in the criminal process that favors the regulations of some sort.
In another instance, the courts in New York City have also adopted the deliberate expansion of arrest of the misdemeanors as part of a new strategy in the criminal process. This comes in a backdrop of the abandonment of the adjudicative model of administering criminal law which is associated with specific cases guilt adjudication as well as punishment.[11] In place, the state adopted the managerial model that is characterized by the management of people. In the context of the adjudicative model, the actors of the criminal court’s practical orientation, as well as their routine functions, revolve around guilt adjudication accompanied by a punishment that is commensurate with the offense committed and is based on the establishment of guilt.[12] This means that the vision of the social control function of criminal law, in the adjudicative model, is to mete punishments for certain specified bad acts with the criminal process designed in the selection of the right persons for punishment through the establishment of whether the alleged bad act was committed by the accused. The criminal court actor’s practical orientation in the managerial model, on the other hand, revolves around supervision as well as population regulation especially those which are heard and determined in the misdemeanor courts.[13] Often, they attract little attention to guilt questions in individual cases. In the two models, the bottom line is the use of regulation in the criminal process other than the tradition that uses guilt and punishment.
Finally, in the context of the adjudicative model the fact-finding mission of the criminal courts plays a significant role in ascertaining the criminal law’s social control ends. Logged between substantive criminal law proscription as well as the hard nature that punishment is treated, the criminal process is applied by the adjudicative courts in the identification of guilt after which perpetrators are forwarded to the mainstream punishment centers where the actual actions of social control are witnessed.[14] Contrary, the social control logics, in the perspective of the managerial model, is not dependent on identification of the right people for punishment but instead adopts diverse procedural as well as legal tools in establishing, in due course, the characteristics of the defendant and the use of such information in building the of records on his general rule-following nature. Put differently, the essence of the criminal process in the Anglo-American criminal process has shifted to a regulatory process.
References
Dancig-Rosenberg H, Gal T. ” I Am Starting to Believe in the Word’Justice'”: Lessons from an Ethnographic Study on Community Courts.
Feeley M, ‘Criminal Justice As Regulation’ [2019] Berkeley CA 94720
Kohler-Hausmann I. Managerial justice and mass misdemeanors. Stan. L. Rev.. 2014;66:611.
Shapiro M. Courts: a comparative and political analysis. University of Chicago Press; 2013 Nov 15.
[1] Feeley M, ‘Criminal Justice As Regulation’ [2019] Berkeley CA 94720
[2] Shapiro M. Courts: a comparative and political analysis. University of Chicago Press; 2013 Nov 15.
[3] Feeley M, ‘Criminal Justice As Regulation’ [2019] Berkeley CA 94720
[4] Feeley M, ‘Criminal Justice As Regulation’ [2019] Berkeley CA 94720
[5] Ibid., p7
[6] Ibid., p9
[7] Ibid., p10
[8] Dancig-Rosenberg H, Gal T. ” I Am Starting to Believe in the Word’Justice'”: Lessons from an Ethnographic Study on Community Courts.
[9] Ibid., p15
[10] Ibid., p17
[11] Kohler-Hausmann I. Managerial justice and mass misdemeanors. Stan. L. Rev.. 2014;66:611.
[12] Kohler-Hausmann I. Managerial justice and mass misdemeanors. Stan. L. Rev.. 2014;66:611.
[13] Ibid., p91.
[14] Ibid., p69
Get Professional Assignment Help Cheaply
Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?
Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.
Why Choose Our Academic Writing Service?
- Plagiarism free papers
- Timely delivery
- Any deadline
- Skilled, Experienced Native English Writers
- Subject-relevant academic writer
- Adherence to paper instructions
- Ability to tackle bulk assignments
- Reasonable prices
- 24/7 Customer Support
- Get superb grades consistently
Online Academic Help With Different Subjects
Literature
Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.
Finance
Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.
Computer science
Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!
Psychology
While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.
Engineering
Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.
Nursing
In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.
Sociology
Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.
Business
We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!
Statistics
We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.
Law
Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.
What discipline/subjects do you deal in?
We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.
Are your writers competent enough to handle my paper?
Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.
What if I don’t like the paper?
There is a very low likelihood that you won’t like the paper.
Reasons being:
- When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
- We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.
In the event that you don’t like your paper:
- The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
- We will have a different writer write the paper from scratch.
- Last resort, if the above does not work, we will refund your money.
Will the professor find out I didn’t write the paper myself?
Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.
What if the paper is plagiarized?
We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.
When will I get my paper?
You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.
Will anyone find out that I used your services?
We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.
How our Assignment Help Service Works
1. Place an order
You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.
2. Pay for the order
Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.
3. Track the progress
You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.
4. Download the paper
The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!
