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Supreme Court Justice Case Summary

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1) The Supreme Court justices had a discussion in the video about the use of foreign law in helping determine the outcome of judiciary cases. Justice Scalia spoke about with almost distain because he doesn’t think that foreign law should have any effect on what the Supreme Court decides is right or wrong for the American people. He thinks that the American people should have a say, but saw no point to looking at other countries for judiciary backing. Justice Stevens, however seemed to think that it serves the interest of the courts to look to foreign law for comparative purposes and so we can adapt to modern times. These two perspectives on foreign law seemed to come from a bigger disagreement between originalist and nonorginalist views. Justices …show more content…

It can be very advantageous for our court system because it’s an agreement between the prosecution and the defendant to not take the case to trial but rather settle out of court, which saves the court system time and money that would have been spent on that case for another perhaps more important case. It can also be advantageous for the defendant in that within the agreement the defendant agrees to often a lesser sentence then would have been given if the case went to court. Also the defendant doesn’t have to go through a more public trial which can have serious negatives consequences on the defendant’s public life. However there are negative sides to plea bargaining for the defendant and for the court system itself. For the courts the disadvantage can be the way that a plea bargain takes place, which is often just between to lawyers before the case even sets foot in trial and so when the defendant stands up in court and pleads guilty the judge didn’t see the agreement took place so he must take the lawyers at their word that justice is being done here and the man is in fact guilty of those crimes. It’s a pretty major flaw that there is no one to watch over these agreements and make sure the defenenant has not been taken advantage of and that justice is in fact happening. In fact because of this low visibility, overcharging is a common occurrence in which the prosecution accuses the defendant of more crimes then they have committed without real evidence to back it up, so as to have leverage over the other attorney in the plea bargaining. This is a grave misuse of power on the attorney’s part and is unconstitutional. I do think that for first time offenders there should be more constitutional protections provided to stop this kind of injustice. Plea bargaining clearly has many flaws which need to be examined more closely and dealt with properly to insure people aren’t

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