Issues Facing the Court Administrators
Issues Facing the Court Administrators
Courts experience a lot of challenges in the process of administering justice today. Some of these issues tend to emerge in courts at the present times and will probably be relevant in the future. Various issues arise during the daily activities of courts and, in one way or another, undermine the administration of justice.
During any trial, people may not be able to speak or understand English, while the majority does not have the basic understanding of the law concepts. The court administrators face a lot of challenges as they try to cope with these issues so as to ensure that the court process runs smoothly. The present paper will identify some of the current and future issues that affect the court administrators in their daily routine. The paper will also focus on language interpretation and the rights of victims as some of the major issues that affect courts today.
Nowadays, social and racial barriers are some of the challenges that face court administration. Many individuals are denied equal access to justice. The law requires that everyone should be treated fairly in the hands of law. However, the issue of different social classes tends to manifest itself in the courts. Individuals who have wealth and power can easily influence the judicial decisions (Ladner, 2000). Individuals who do not have money to hire competent lawyers end up being represented by the state lawyers.
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The public lawyers represent a lot of clients and it becomes hard for them to concentrate on one client (Court Issues, n.d.). On the other hand, private lawyers have adequate time to deal with their clients. The individuals who can afford to hire private lawyers can form a strong defense that may easily overturn their case. The poor, on the contrary, can easily go to jail due to lack of fair representation.
The rising crime rates pose another serious issue to the courts. The societies have lost the moral standards that used to exist (Graubard, 2008). Consequently, this has led to a high rate of crimes. The court administrators face a challenge in coping with the high number of cases that are brought in courts. The number of cases is expected to rise in future due to the decaying morals in the societies. The number of administrators cannot cope with the high number of cases.
The courts face the problem of language interpretation. Moreover, this problem has affected the courts for a long time and still poses a future challenge to the courts. The problem of language interpretation has been accelerated by immigration and cultural exchanges that have occurred. This has led to the settlement of individuals in new areas. Unfortunately, many of immigrants from the foreign countries do not have adequate knowledge of English language. Majority does not speak nor understand English (Graubard, 2008). This diversity and cultural exchange have affected the criminal justice in a number of ways. What is more, it has affected the constitutional mandates of free and fair trial for all individuals as well as the right to cross-examine a witness.
The courts do not have interpreters from all backgrounds. In some instances, it becomes hard for interpreters to translate the language accurately. As a result, this may undermine the administration of justice, especially when material facts of a case are misinterpreted (Court Issues, n.d.).
Very often the courts use services of interpreters only when an individual cannot speak or hardly speaks English. This may have adverse effects on the witnesses and defendants. The witnesses may feel that their evidence is not credited, which may discourage them from participating. The problem of misinterpretation can also occur when volunteers give information to the police (Ladner, 2000). The minorities may face challenges when presenting their grievances due to language misinterpretation. Misinterpretation of facts has a significant effect on the final decision made by courts. The interpreters play a vital role in such cases. In addition, an interpreter has the power to make the evidence weak or strong, which affects the final decision made. In other words, the courts may end up making unfair decisions (Ladner, 2000). The problems of language interpretation are expected to increase in future. There is a tendency to rapid immigration and this will increase the need for interpretation services. The courts need to take effective measures to cope with this challenge in future. For example, it will be necessary to hire qualified interpreters who fluently speak several languages to handle the problem.
Nowadays, the victims rights pose a challenge to the courts. In the past, the issue of victims rights was almost neglected. The courts only focused on ensuring that victims receive justice. Today a lot of emphasis is laid on the rights of victims. Moreover, they will probably pose a challenge to the courts in future. The victims rights provided in many countries include the right to be heard, the right to a fair trial and the right to be informed on the court proceedings (Ladner, 2000). The victims also have the right to speedy trials. These rights have to be respected by the courts in the administration of justice.
The states also have made provisions for rights of victims of different crimes (Court Issues, n.d.). The victims rights such as the right to reinstitution and reconciliation with the offender pose a major challenge to the court administrators. In some instances, the courts drop charges on the request of victims. In the future, a lot of development on the rights of victims will occur. Unfortunately, this poses a great challenge to the court administrators who have to accommodate these changes.
In conclusion, the courts face a lot of issues which can undermine justice delivery. A lot of emphasis should be laid on the issues of language interpretation so as to ensure fairness and justice for all. The victims rights issues have to be properly addressed the present day and in the future.