Advantages & Disadvantages of the Western Judicial System

Written by steve johnson
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Advantages & Disadvantages of the Western Judicial System
Judiciary system (gavel image by Cora Reed from Fotolia.com)

The judiciary system that is present in many western societies is extremely complex in design and created to allow justice in the variety of situations that occur both in government, as well as in day to day situations of citizens. These complex judiciary systems---such as that in the United States---come with numerous advantages and disadvantages. Understanding the inner-workings of the western judicial system helps people to understand the history, planning and intricate details that are involved.

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Justice

The overall goal of the western judicial system is to provide justice, settle disputes and interpret laws within a given country. The advantage of modern judicial systems---along with what makes them sophisticated in design---is their ability to be applied to countries that are extremely large. Many western societies have populations that reach into the hundreds of millions, so a court system that can be applied over this extensive group of people is all the more useful at providing justice.

The system is designed to allow people to have a fair trial if accused of a crime, as well as allowing citizens to file lawsuits if wrongfully treated based on the country's laws. Every person accused of a crime or wrongdoing has a right to defend herself---or hire someone to defend her---in front of a judge or jury, who are required to determine whether the person is guilty based on his interpretation of the laws.

Court System

The court system is very extensive and extends into a variety of "court types"---making it much more effective. For instance---in The United States---The Federal Court System is appointed to act in matters pertaining to federal law. The United States Supreme Court system is the only one that can't be abolished according to the Constitution of the United States.

Other court systems within the United States includes the U.S. Court of Appeals. The court dates back to 1891 and has 12 regional circuit courts that can review district courts in their regions. This creates a balance of power, making the courts run more effectively over such a large population.

The court system then branches out further into District Courts, which are made up of judges that conduct individual trials and cases within their individual district.

Disadvantages

The disadvantages of western judicial court systems are present as well. As with other forms of organisation, the judicial system is not flawless due to the vast size and number of laws that are present in most countries.

Cases that are brought before a sole judge often depend purely upon the judge's discretion and opinion---creating a balance of power that can occasionally lead to "unfair" results. Federal judges are essentially appointed for life in the United States, which can create conflicting interests, as many laws change over the course of a lifetime.

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