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Posted: July 9th, 2022
Minorities and Crime Discussion for Chapter 5
Which part of the court process do you believe to have the most issues? What is your opinion of the court system amongst Native Americans?
If needed Reference: Race and Crime. Fifth edition. Authors: Shaun L. Gabbidon and Helen Taylor Greene. You can not use any other one. But citing is not needed on the response to each post.
Minorities and Crime Discussion for Chapter 5
Every individual who is brought before the court is presumed innocent until proven guilty. The court process involves various stages that are followed towards proving if the charged individual is innocent or guilty. However, among the stages of the court process, the trail part is considered to have the most issues due to its importance to the case’s outcome. The trial stage involves four major pars that include opening proceedings, identifying the defendant and reading the charges against them (Unafei, 2019). Examination of evidence, which is the most crucial part of the trail and the overall court process, is conducted. The evidence against and evidence in rebuttal are provided during the evidence examination stage. The third stage of the trial is questioning of defendants by the defense counsel followed by the prosecutor. The fourth stage of the trial is the closing arguments made by the prosecutor and the defense counsel. The last stage of the trail is the victim participation at trial, which involves due respect availed to the victim or family of the victim to participate in the trial procedure in cases in which they have been victims. Various issues arise at each stage of the trial procedure, with most of them handled based on the jurisdiction.
The court system amongst Native Americans is based on the holistic philosophy and the world view of North America’s aboriginal inhabitants. The system is based on the unwritten customary laws, practices, and traditions learned primarily through oral teachings (Melton, 2013). Native Americans believe that the court system, which should be built on a holistic philosophy, should focus on issues that need to be resolved to attain peace and harmony among individuals and the community. The court system amongst Native Americans can be considered more effective since it does not involve some of the factors that might bring the conflict in finding justice, such as being time-oriented and argumentative.
References
Melton, A.P. (2013). Indigenous Justice Systems and Tribal Society. American Indian Development Associates. Retrieved from http://www.aidainc.net/Publications/ij_systems.htm
Unafei. (2019). CHAPTER 5 TRIAL PROCESS. Retrieved from https://unafei.or.jp/publications/pdf/CJSJ_2019/07chapter5.pdf
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