Mediation In Family Court

Mediation In Family Court
Mediation is a different process to reach a resolution for parties that find themselves in a family
court matter. Mediation is a part of the process ran by the courts by individuals that are unbiased and
yet knowledgably about family law matters and the law. The courts want couples to give mediation a
try before taking the matter before the judge in case some issues can be worked out beforehand.
Attorneys are not included in this process. What happens in mediation is all parties will work on the
issues at hand as peaceful as possible and in a manner to hopefully reach amicable outcomes, with a
third party to help oversee this process and help negotiate their issues. These issues that can be heard
in mediation are many and can be a wide variety of needs from the parties. These issues can be
negotiation of assets, debts, child and spousal support, and visitation and custody matters of any
children involved in the case. ... Show more content on Helpwriting.net ...
The courts do not want to get involved in matters unless they absolutely have to. Courts require this
to give the options to reach these agreements before going to trial because sometimes the parties will
walk away with not so great results as if they arranged it themselves. Only these parties know what
is best for their kids. The courts would have to make a decision right away on these issues and
sometimes a party may not have the desired outcome they were looking for, if a court has to
determine the
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Family Dependency Treatment Court (FDTC)
This paper will look into family dependency treatment court (FDTC) also known as dependency
drug court (DDC). The paper will examine the question: How effective is FDTC/DDC when
comparing families with drug and alcohol problems and children in the child welfare system who
are enrolled in the FDTC/DDC and those who are not enrolled in the FDTC/DDC? When children
are removed from their parents or guardians, the cost of caring for these children becomes the repos
scalability of the child welfare system. $24 billion was spent taking care of the children (Somervell,
Saylor, and Mao, 2008). From 2002–2007, about 12% of children lived in a home with at least 1%
of abusing drugs (SAMSHA 2009). According to Bryan and Havens, women receiving FTDC in ...
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According Gifford, Eldred, Vernerey, and Sloan, "Evidence from a prior study suggests that children
of adults who enroll in FDTC's spend less time in foster care and experience higher rates of
reunification with parents than children not enrolled FDTC's" (p.1660). Another study noted
families involved in FDTC significantly had more court reviews and more motion hearings (Bruns,
Pullmann, Weathers, Wirschem & Murphy, 2012). In addition to family reunification, the likelihood
of children reentering foster care within 12 months of completing FDTC decreased (Chuang, Moore,
Barrett, & Young,

No Matter How Loud I Shout
The book, No Matter How Loud I Shout, takes an in–depth look at the juvenile court system in the
state of California in the 1990s. Through a colorful narrative story the author, Edward Humes, paints
of vivid picture of the how dysfunctional the system truly was. The main focus is on the various
ways the system has failed many of the juveniles that it is intended to help. Peggy Beckstrand, the
Deputy District Attorney, says it best "The first thing you learn about this place, is that nothing
works." (No Matter How Loud I Shout, 1996, p.31)
The one beacon of hope the juvenile court has is Judge Roosevelt Dorn. Judge Dorn is known in the
court systems as one of the toughest judges. He was known for harsh sentences and often trying ...
When someone tells them to rob the local store there is no question or hesitation. It is the quickest
and easiest way to pay for the lifestyle they seek. These children know that their odds of slipping
through the cracks of the juvenile system are high. This only fuels their behavior and crime.
The case of George Trevino was an exceptional one in which his real family was no longer in the
picture, whether they were in prison or dead. He had nowhere else to turn but to foster care, and at
an early age. He was fortunate enough to stay with his brother for a few years, which most children
are not so lucky. His brother proved to be the worst type of influence, getting him into trouble by
running away and joining gangs. The main problem with foster care is that children are often times
shuffled around from home to home and have no stability in their lives. That combined with the fact
that most children are put into foster care even though they are beyond rehabilitation, this makes
them less likely to change once put into the program due to previous family, and gang ties (Vito,
2004, p. 352).
By trying juveniles in the adult courts they are forcing them to accept a punishment that does not
allow for the nurturing and growth that they need. Putting them in with other adult criminals only
makes them more likely to commit severe crimes in the future. Judge Dorn has this

Family Drug Court Case Study
Currently, I work for the Alameda County Office of Collaborative Courts. For the last year and a
half I have worked as a recovery consultant in the Family Drug Court. In my position I work
directly with county Child Welfare Workers to help ensure parents are referred to the appropriate
modality of chemical dependency treatment based on an evidence based assessment tool. After
assessment, I refer parents to the appropriate perinatal treatment program and provide support to the
parent entering treatment and throughout their stay in treatment. I provide Child Welfare Workers a
biweekly court report on the treatment status of their clients; I also participate in team decision
meetings regarding the parents on my case load and update and collaborate

Australian Court System
Court is one of the more complicated methods for resolving disputes, but is also regarded as one
with the highest quality of decision making. It is defined as an official forum where two parties
come and present their arguments to a juridical party who administers justice. The Australian court
system is hierarchical, where some courts are more important than others and handle different cases
depending upon its severity.
One of the reasons that courts are a popular option for solving disputes are because cases are
handled by legally qualified and experienced professionals. Judges must undergo over 10 years of
legal education and training, as well as display integrity and strong ethics before being appointed.
Lawyers are also required to undertake strict exams before representing their party in court and
assisting with professional advice. The legal advice and setting of a court gives smaller parties a
chance to stand against large corporations, like in the 2012 case between the Samaan family and
KFC. The victim claimed that their young daughter was left severely brain damaged from
salmonella poisoning after consuming KFC and the court ... Show more content on Helpwriting.net
...
The majority of jurors are also Caucasian, which can affect their judgement due to subconscious
bias harboured towards minorities, especially Aboriginals, which was evident in the 2001 case
against a 15 year old Aboriginal boy, Johnny Warramarrba. He was arrested for petty crimes and
theft which totalled less than $100, and was sentenced to service in a youth detention centre where
he committed suicide. Inquiry into his case after his death revealed that he was eligible for a
diversionary program that would have kept him in his community and may have saved his life. The
court had failed him as neither he nor his lawyer were informed of this

Family Court Research Paper
Family court is tasked with hearing matters of family law, divorce and child custody. It is a
delegation of authority from the states' superior courts. Family court was established in 1910. The
U.S. Family courts' purpose is to provide family services that are specialized for their case and to
obtain positive results in family matters. In each state across the country, the state has specific laws
involving family issues such as child custody, visitation, child support, spousal support, adoption,
guardianship, and domestic violence. In the matter of family law, typically one judge presides over
the case rather than a judge and jury. In some cases, mediation can be used in family court
proceedings, especially when it comes to child

Court Case: Family Entering Divorce
The purpose of this document is to give fathers a glimpse in to how the UCCJEA operates in actual
practice. As a family entering divorce you will likely hear how the court and all involved are very
concerned with the well–being of the family and especially as children. As I think you will observe
below, this is certainly not what I have encountered. Hopefully your situation will be better, but you
need to be prepared as honesty and transparency in the process and most important fairness, at least
in my case, has been completely lacking. It is unfortunate that the 'children', the ones who the court
professes to be most concerned about, are the ones who are the victims done the most harm by a
broken and biased judicial system.
Current situation: ... Show more content on Helpwriting.net ...
This again I believe is not by chance, by delaying their decision they preclude me from appealing or
taking any action. This is not only relevant in terms of appeal, but also precludes me from
addressing the child support issue. Nearly one year ago my income was significantly reduced due to
a 50% reduction in my income as a university professor. By delaying the adjustment to child support
(which can only be done through the court) the ex–wife benefits from a huge financial windfall as
child support overpayments will not be adjusted retroactively.
Prior to the Georgia's Court involvement both of my daughters were quite close to me as I was really
the only parent they knew. I'm still exceedingly close with my oldest daughter, but my ex–wife with
the assistance of the Georgia Court system has completely reversed the situation. At this point I
effectively have no visitation with my youngest daughter, I can't even speak to her on her

High Court Case: Kennon V. Spry
Kennon v Spry (2008) 238 CLR 366 Kennon v Spry ("Spry") follows a husband's appeal, by special
leave, to the High Court in an endeavour to restore himself as a beneficiary of a non–exhaustive,
discretionary trust ("the trust"). The High Court did not agree with the husband and held that he was
unable to re–establish his position as a beneficiary. The High Court did however find that the trust
assets would be considered property. The decisions reached by the High Court placed a new light in
view of family trust and the majority of French CJ, Gummow and Hayne JJ established that family
trusts could be considered the property of the parties to a marriage, albeit for different reasons.
While reaching a differing conclusion, the reasoning in ... Show more content on Helpwriting.net ...
One particular criticism of the decision of Spry is the argument against the decision of the majority
as demonstrated in Glover's article who states that 'finding that the husband had a beneficial interest
in the trust based in his power to appoint the wife and the wife's right to be considered surely means
that the dispositive power must be exercised in the wife's favour. Where has the discretion gone?
Only through illegal and fraudulent denial of discretions which qualified his positive power could
the Spry trustee act consistently with the Chief Justice's findings.' The power vested in Spry is
strongly against the purpose of a discretionary trust according to Glover who further states that 'the
fact that exercise of the power may result in property (for the power–holder or someone else) does
not mean that the power is itself property. Power is a capacity to act and not a thing which one owns.
Equity jurisprudence has distinguished between powers and property for

Personal Theories On Family Court Beliefs
Family Court Participants The case I saw in family court was to last an hour but lasted 2 hours. The
case involved a divorced couple Darryl Foster and Linda Foster. Linda had an attorney named
Charles Brown who was very experienced from the way he addressed the court and asked the proper
questions. The court case was filed for temporary orders until a new custody order could be
established.
Linda got to get on the stand first as she was the one that filed the petition. She spoke of her time
dealing with addiction, their divorce, her depression, time she spent in prison for a DUI, and the
time spent with her daughter. She presented evidence of character letters, completion of counseling,
letter from her sponsor and her boss from work, documents showing her ADOT and judge releasing
her driver license.
Darryl seemed extremely nervous coming in as his hands were shaking. He was not prepared for
court and the attorney gave Darryl his copies of evidence. He often stated that he was not a lawyer
and did not know what he was doing. The judge tried comforting him saying "that it was okay and
he did not need to be" Darryl stepped on the stand and testified that he had not let Linda see her
daughter since 2014 regardless of what the court order said. He also admitted to letting Linda see
their daughter not supervised over several weekends even though he was the one ordered to
supervise the visitation. Darryl admitted giving his daughter a polygraph test to his daughter and

How To Deal With A Family Court Case
t is not easy to deal with a court case. It is worse when it is a family court case. Among family cases,
domestic violence is one of the most common. As would be expected, victims must be encouraged
to stand up against such an offense. It can be expected but the family law coping with this subject is
not too motivating. It even puts victims at risk. In addition to the difficulties faced by the victims,
they also have to worry about filing a criminal case before filing the domestic violence case. This is
why the victims should have thought about this matter at great length before deciding to file and
possibly facing a great feat at the proceedings.
Aside from dealing with the case emotionally not to mention the shame of having to face such

Establishment Of Family Courts In India:. The Act Envisages
Establishment of Family Courts in India:
The Act envisages the establishment of Family Courts by the State Government by a Notification in
the Official Gazette, after consultation with the High Court of the State. As observed by the
Supreme Court, State Governments should establish Family Courts not only because it is so
provided in the Act, but also to discharge its social obligation to provide a less formal platform for
resolving family disputes. (Gangadharan v. State of Kerala, AIR 2006 SC 2360)
Under the Act, the State Government must establish one Family Court for every area in the State
comprising of a town or city which has a population of one million or more. Family Courts may also
be established for other areas in the State as the ... Show more content on Helpwriting.net ...
In addition to the above, a Family Court also has jurisdiction which can be exercised by a Magistrate
of the First Class under Ch. IX of the Code of Criminal Procedure, 1973, in matters relating to
maintenance of wives, children and parents.
Procedure to be followed by Family Courts:
Procedural matters relating to Family Courts may be summed up as under:
i. A Family Court is deemed to be a 'civil court' and has all the powers of a civil court. The
provisions of the Code of Civil Procedure, 1908, apply to all suits and proceedings before a Family
Court. ii. In every suit or proceeding, the Family Court must, whenever it is possible to do so,
endeavour to assist and persuade the parties to the litigation to arrive at a settlement. iii. All suits and
proceedings may be held in camera if the Family Court so desires, and shall be so held if either party
so desires. (Proceedings are said to be held in camera

Alternative Dispute Resolution Or Adr
Alternative Dispute Resolution or ADR is used as a blanket term for processes, other than judicial
determination in which an impartial practitioner assists stakeholders of a dispute to resolve the
issues between them. The ultimate objective being the satisfaction of both parties through a mutually
desired and binding outcome. Nevertheless, recent speculation has arisen in the legal spectrum upon
whether ADR services are actually prioritising fair, just and equitable outcomes for stakeholders as
opposed to litigation in the Family court.
In accordance with the Australian Family Law Courts, it is a requirement that parties in
disagreement must exercise genuine effort in resolving their issues before applying for a court
hearing pursuant ... Show more content on Helpwriting.net ...
Moreover, due to voluntary participation, a generally consensual and collaborative environment is
fostered. The ensuing reduced hostility aided by the professionalism of a mediator preserves and
possibly enhances strained relationships which is an integral interest of the families in dispute.
However, the use of these consensual methods do bring about certain noteworthy limitations such as
being used as a stalling tactic by either party as well as not operating on a system of precedent.
Effectively signifying that two disputes with similar factual circumstances may be treated
completely differently and thus inequitably in the eyes of the law. The most alarming issue arises
where good faith cannot be compelled, resulting in imbalanced agreements based on unreliable
facts. Ultimately, facilitation remains favourable amongst family disputes because agreements are
likely to have more secure commitment as decisions are made absent to an intimidating court
process and ideally satisfy both parties.
The remaining common method of alternative dispute resolution, before litigation through the court
system is arbitration. Although, in the general sense it is primarily used for commercial and
workplace disputes where a fast and enforceable decision is required , as opposed to family cases.
Nonetheless, the process is essentially similar to the advisory system of expert appraisal, where an
independent expert is

Essay On Family Court Intervention
Throughout my career I have dealt with a very diverse population of individuals. In the beginning of
my exposure to the helping profession I have participated in direct service work with an eclectic
adolescent population. I lived and worked with a group of young women that came from a variety of
socioeconomic and racial backgrounds. From there I moved on to service work through a local
department of social services. At that time I was involved with case planning and management with
families who had their children placed in foster care or whose children were at imminent risk of
placement outside of the home. As I look back I realized that the population I dealt with during that
time period was actually less diverse than the teen population ... Show more content on
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Is it just an excuse or this something that has to be dealt with at the same time as the offense at hand.
During the course of my research I came across the New York City Substance Use Disorder
Treatment Services Request for Proposals to OASAS submitted this past February. One of the
identified special needs groups that OASAS identified an interest in for service proposals was sexual
offenders (2015–NYCSUDTS–RFP.pdf. pg13). It was very clear to me the more that I looked in to
this subject area, that the connection between a history of familial substance abuse, inhibition, and
alcohol abuse there was a high likely hood that one would be dealing with a person who may have
sexually offended during the course of one's time as a

Family Court Case Paper
Owing to the matter that I have been subpoenaed to appear in court to testify in a family court case.
The case involves a family from a community that you have worked with extensively through your
organization. The family in question is the Malik family. The family has a 15–year–old daughter
called Nisha. Nisha's parents arranged for the daughter to be married to a 42–year–old man living in
India. The girl is underage as she is below the age of 18 years. I will first give a scope of the Indians
culture then give my view on the topic in question. Arranged marriages are part of the social culture
of South Asian society. This has been their tradition for ages, and it goes on to contribute to a high
majority of Indian sub–continent marriages.

What I Had Visited For The Assignment
The court what I had visited for the assignment is Seattle superior court in Seattle. I went to observe
the domestic violence court case, so the judge was a family law judge. The name of Judge is
Johnson Taylor. I visited the place on June 1st, at AM 08:30, and the court began at 09:30AM.
When I arrived the courthouse, a lot of people were moving in busy. They seem preparing their court
cases, half of attorneys and half of people who sued or was sued by someone. After the waiting, the
clock pointed AM 09:00 and people went to in the courtroom. After I sit on the seat, the court was
started and I could see the inside of the courtroom.
Judge was a woman, seems 40 years old. The most interesting was what every judge of the courts I
visited ... Show more content on Helpwriting.net ...
He was standing and watching the whole inside of the courtroom, but after 5 or 7 minutes, probably
he felt boring and he took out his smartphone from this pants. Probably courthouse is peaceful, so he
did not need to be careful about the court. After he took out the smartphones, he went to the seat
which was on the behind of the audience's seats, and he sat down in there. There was a memo on the
seat which police officer sat down, and the memo said 'it is for only reserved jury seats.
I remember there was a transcriptionists too, but they just did their work silently. One of the court
staff was continuing copying and giving to other people. By looking it, I thought court needs not
only litigants, attorney and judges, but also these court staff like transcriptionists. They work at the
court, so the court can be continued.
I would know there was no jury because the seat for reserved jury in the courtroom was empty.
The people in court was various in age or gender. The percentage of female clerk was half of whole
people, and age was also various like 30th to 60th. The most interesting thing is I saw female more
than male judges. That means, court employ people regardless gender and age. If someone ask a
question about 'are race, gender, age, and apparent socio–economic background information about
court people is important?' I would say it is not important for litigants and audience members. Even
the culture is different, but here is the

The Rights Of A Child Within Family Court System
One of the great concerns for modern society today is the issue of child welfare. This covers taking
care of the basic needs of a child; food, shelter, warmth and promoting the child to develop mentally,
physically and socially so they are able to function as an active member of society. Due to the need
to meet the needs of society as a whole, the needs of children can sometimes either be ignored or
regarded as a secondary concern. Even though that one day these children will be adults in our
society, we do not always put their rights at the forefront for their overall development, education,
housing, health and general well–being. Within this essay I will be discussing the rights of a child
within family court system. I will be focusing on the lack of determination on the age a child can be
seen as criminally responsible, the reduction in rehabilitative ideals for children in conflict, the lack
of awareness about the child's rights as a reason for a reason for denying adequate protection for
children's rights in the youth justice system. The term children's rights has, over the years, been
determined in many different ways dependant on the cultural, social, economic or political rights.
With no one clear definition many child rights programmes have been seen counterproductive.
Children are dependent on adults to provide a quality of care to meet their basic needs which then in
turn determines how they will be in adulthood. Children, as human beings, not only have the

FPRLC Family Court Case
History and background. In 2010, FPRLC experienced a significant spike in business. The increase
was so significant that the firm at times would place a freeze on accepting incoming clients. FPRLC
represents many clients in counties across Oklahoma. The initial client retainer is generally
determined by the jurisdiction of the case and the nature of the case. FPRLC charges an hourly rate
of $250 per hour that is billed out of the client's retainer account. The firm is payed for their services
as the attorney's work is completed, therefore depleting the client retainer account.
When a hearing takes place at a courthouse that is for example, two and one half hours away, the
client is billed for the travel time to and from the courthouse. When the courthouse is 150 miles
away or approximately two and one half hours away, the client will be billed for that time; therefore,
the travel alone roundtrip could cost $1,250. That is a significant amount to take from the client
retainer account for travel purposes. With a more conveniently ... Show more content on
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Regardless of whether or not that perception is true, the need exists for attorneys that are passionate
about making sure fathers understand their rights and that fathers do not give up based on their
belief that family court judges view mothers more favorably when determining custody (Spradlin,
2015). Divorce and child custody matters are particularly emotional because of the private, personal
matters that are at issue. The firm receives many calls from fathers who feel as though their
attorneys did not adequately represent them and that there exists a conspiracy within family courts
and that no matter what, the Court will never rule in a father's favor. This idea is not true, and the
attorneys of FPRLC want to change that ideology for fathers (Walk,

Army Trial Defense Service Case Study
The Office of the Staff Judge Advocate at the Redstone Arsenal Legal Assistance Office serves
Active Duty Soldiers, retires and their families. The Legal Assistance office offers services such as:
estate planning, probate, divorce/separations, non–support, family law issues, consumer protection,
wills, and performance evaluation rebuttals.
United States Army Trial Defense Service (TDS)
The Trial Defense Service provides conflict–free legal services to soldiers who are facing adverse
criminal or administrative actions at no cost to the soldier. Unlike public defenders in civilian
jurisdictions, there is no means test (IB 10–603, 2014) required to determine eligibility; all soldiers
are entitled to Trial Defense Service representation by virtue of being ... Show more content on
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Arrangements and agreements are made through Memorandums of Understanding, that are
acceptable with regards to specific crimes or investigations. If the case goes to court–martial, the
convening authority selects jurors and decides what punishment the accused may face with regard to
the seriousness of the crime. The jurors are officers and enlisted personnel, but the defendant can
choose to be tried solely by a military judge (IB 10–603 March 2014).
There are different types of courts–martial, convened according to the severity of the charges:
Special court–martial is the military equivalent of a civilian misdemeanor court – is used in less
serious cases and requires only a jury of three.
General court–martial is for felony–level offenses. It carries heavier sentences and requires a jury of
at least five members. General courts–martial that carry a potential death penalty must have 12 jury
members.
Summary court–martial governs petty offenses and has a one–officer court. This type of court–
martial is becoming increasingly rare (Courts–Martial Explained,

New York City Family Services Case Study
According to the 2010 Plan for the Future of the New York City Family Court, the main goal of
family court relies on ensuring "the highest standard of justice for each and every litigant who enters
the courthouse" (2010). This is done by executing a sequence of processes and by providing
different resources to individuals involved in the case. There are three major organizations that serve
an important role in Family Court. These organizations ensure justice for individuals entering the
family court system by providing a variety of different services. These organizations include the
Administration for Children's Services, the Legal Aid Society and the Panel of 18b Attorneys. Each
of the three organizations mentioned, work to ensure the welfare of children and service to families
by providing a variety of different services.
Administration for Children's Services The Administration for Children's Services otherwise known
as ACS, is an organization that works to ensure the welfare of children and to service families by
providing a variety of different services. As stated on the Administration for Children's Services
website, their mission is portrayed as the following "To protects and promotes the safety and well–
being of New York City's children, young people, families, and communities by providing excellent
child welfare, juvenile justice, and early care and education services". The Administration for
Children's Services has had a great impact in the lives of children,

Family Drug Court System
The next article that was reviewed was focused on a service that is provided for parents struggling
with substance abuse. The service is called Family Drug Court and is also referred to as FDC. The
FDC is a child welfare court that specifically deals with parental substance abuse cases. This court
system helps the parents quickly receive drug treatment that is needed, offers a more structured
system for the parents and child, and also holds the parents to higher accountability for recovery.
According to Margaret Lloyd, "Testa and Smith (2009) rigorously reviewed the literature and found
that substance abuse is reported in 11–14% of investigated child welfare cases and in 50–79% of
cases where the child is removed and placed in out–of–home care." The goal of the FDC is to ...
A family that is participating in the FDC goes through several different phases starting out by doing
tasks such as, random and frequent drug testing, supervised visitations, and drug treatment
requirements. As progression occurs in treatment, visitations, and court the tasks change. The main
topic of this article is to conduct research to find out if family drug courts are effective or not. The
article showed charts and provided information on the research done, the conclusion of the research
was that the FDC is a useful service for families with parental substance abuse. The FDC research
also determined that this program helps reduce the time that a child spends in out–of–home care and
increases the changes of reunification of the child and family. One of the cons of family drug court
is that the parent must finish treatment and the FDC program in order for the statistics to be true.
Services and programs like this are helpful because the family is able to work with social workers,
counselors, and family–training professionals throughout their phases with the

Petitioner V. Kulbicki Case Study
the court case Maryland, Petitioner v. James Kulbicki, James Kulbicki fatally shot his 22–year–old–
mistress. Kulbicki shot his mistress on the weekend before he was scheduled for a hearing on unpaid
child support, which was tied into a paternity suit between Kulbicki and his mistress. At Kulbicki's
trial, which began in 1995, evidence was presented that the bullet removed from the head of
Kulbicki's mistress matched the bullet fragment that was left in Kulbicki's truck. FBI Agent Ernest
Peele, who represented the CBLA (Comparative Bullet Lead Analysis), presented this evidence.
Peele also examined a bullet taken from Kulbicki's gun. Even though the bullet in the victim's brain
was not an "exact" match to the bullet found in the gun, Peele assumed that the bullet from the gun
was similar enough to the first two bullets found. Using ... Show more content on Helpwriting.net ...
Kulbicki's file stayed in the state court until 2006, when Kulbicki added an additional claim that his
defense attorneys did not adequately question the legitimacy of the ballistics evidence presented by
the CBLA. Kulbucki lost in the state courts and then appealed to the Court of Appeals of Maryland.
The Court of Appeals then vacated Kulbucki's conviction based on the fact that Kulbucki's attorneys
did not question the legitimacy of the ballistics evidence, thus the defense attorneys did not provide
Kulbucki with effective assistance during the trial. However, the Supreme Court of the United States
held, in a per curiam opnion, that the Court of Appeals based the decision to vacate Kulbicki's
conviction on contemporary views of ballistic evidence. Since there was no reason for counsel to
investigate the validity of the ballistic evidence in 1995, the attorneys provided effective assistance
to Kulbicki because effective assistance did not require attorneys to verify the legitimacy of the
ballistic evidence (Maryland v. Kulbicki, 136 S. Ct. 2

Judicial Waiver And Prosecutorial Waiver
What is meant by the terms waiver, transfer, and certification, remand, and bind over? a. Waiver–
The process by which a juvenile is moved from juvenile court jurisdiction to adult criminal court
jurisdiction for an offense committed while still a juvenile. Also known as bind over, certification,
remand, and transfer. b. Transfer– Transfer occurs when jurisdiction over a juvenile case is turned
over to a criminal court. The waiver or transfer of jurisdiction from juvenile court to criminal court
is predicated on the assumption that some juveniles are not appropriate for processing in juvenile
court and can be more effectively dealt with by criminal courts. 2. What is judicial waiver, and how
does it compare with legislative waiver and prosecutorial waiver? A Judicial Waiver is a type of
waiver selected by a juvenile court at a hearing. It is the traditional type of waiver. Legislative
Waiver, and Prosecutorial Waiver, is not selected by the Juvenile Court at the hearing. In most states
(Connecticut, Massachusetts, Montana, Nebraska, New Mexico, and New York are exceptions),
juveniles can be transferred to an adult criminal court by means of a separate waiver or transfer
hearing in the juvenile court to determine the appropriateness of the waiver. This method of waiver,
which can be called judicial waiver, is the traditional method by which juvenile cases have been
transferred to criminal courts. However, the exact process by which judicial waiver occurs

The Case Of State V. Evans
In the case of State v, Evans, he was a stalker who stalked Arnold. In the case their was a couple of
incidences where he raned into her on purpose, so he was charged with stalking . In the case I will
give the facts, issues, and court holding.
Facts
Evans a photographer with a foot fetish ask Arnold a young nursing student to could he take pictures
of her feet. Evans told Arnold that he took pictures for a New York magazine and he helped other
women become models. Arnold decline evans offer, and after that it kept being incident where he
called or bumped into Arnold. On the second incident, he called Arnold house and left a message
with her father in 1989. Also, he called again and the father told him not to call anymore. In 2000
Evans spotted Arnold in a drugstore parking lot, and he asked her agak could he take pictures of her
feet. Evan made a derogatory statement by stating he would like her legs bare and apart.This upset
Arnold, and she answered no. Arnold runned out the store. On August 7, 2001 Evans called and left
a message with Arnold 's Mother, but Arnold did not return the message worried he would find out
where she lived. Arnold later called police , and he was charged with harassment. The harassment
charges did not stick because the jury did not find him guilty. Another incident happened, on August
31, 2001 Evans came by Arnold house and ask her if she wanted to be in a picture he was producing
about Dred Scott, and Arnold told him he was a weird guy. Even

Legislative Bill 180: Case Study
Summary Legislative Bill 180 (LB180) allows for the use of Bridge Orders between Juvenile and
District courts to address custody between custodial and non–custodial parents. Specifically, when
the custodial parent has been deemed unsafe and the non–custodial parent needs to obtain full
custody. Another scenario includes when the parents separate during the juvenile court process and
one parent has been rehabilitated and the other has not, requiring a custody order to ensure the safety
of the child(ren). This White Paper supports passing LB 180. The intended audience of this White
Paper is the Nebraska Legislature Judiciary Committee.
Background
In 2014 the Barriers to Permanency Project conducted a case analysis of 455 children that had been
in out of home care for 36 months or longer. The study found that 7% or 32 children were still in
care due to custody not being established for the parent who had been deemed safe (K. B.
Hawekotte, address, January 26, 2017). Judges, case workers, Guardian ad Litems (GAL), attorneys,
and CASA (court appointed special advocates) are reluctant to terminate court jurisdiction of ...
This would mean the child(ren) are no longer state wards and the Department of Health and Human
Services would no longer be required to provide services to the family. The Juvenile Courts will
issue an order stating custody, physical care, and visitation only. This order is then transferred to
District Court either under a new docket or a pre–existing custody docket. After the bridge order is
established, either parent can file a complaint to modify the bridge order in the District Court
(A.180, 2017). This would eliminate the need for court–appointed attorneys and allow the parents an
opportunity to petition the order through the district

The Trial By Franz Kafka
The Trial by Franz Kafka, an incomplete novel chalked full of questions and confusion – leading
readers to ask questions such as "why does the court function how it does?" and "what the heck is K.
being arrested for again?" Although Kafka predicates the novel on these two ideas, the court and
Josef K., never do readers explicitly gain a comprehensive or satisfactory understanding of the pair.
In light of the fact that The Trial is an incomplete novel, Kafka intentionally leaves the function of
the court and K.'s true character up for question. Kafka accomplishes this by never giving a true
name to either the court or Josef K., keeping the upper levels of the court a secret, and in Josef K.'s
transition from successful banker to complete obsession with the court. Luckily, Kafka offers a trail
of breadcrumbs that enables his readers to begin answering some of the questions presented in this
book. This essay illuminates these "breadcrumb" moments scattered throughout the novel to reveal
the true relationship between the court and its subjects. Furthermore, this essay asserts that the court
was in fact correct in its conviction of Josef K. as evidenced in the last chapter of this novel. In this
novel, Kafka writes about a court system unlike anything seen today. Although Kafka never gives an
explicit description of the court, readers can gain a firm understanding of how the court functions
via proper close reading and synthesis of the novels many parts. One of the first pieces

Your Toolbox Of Social Work Skills
Your toolbox of social work skills
What are skills? Others can define skills in several of ways. How I define skills is being able to do
things but being very good at it, also to be able to pick up fast on a project that is given to you, or to
be proficiency at something that interest a person or a job. Skills mean the ability, coming from
one's knowledge, practice, aptitude, etc., to do something well. My toolbox of social work skills
which I use in my field would consist of the PACT Assessment, RAI Juvenile Risk Assessment,
Data collected by DYRS, communicate with the clients and also provide counseling and services as
needed. With the PACT Assessment the tools I use for this skills is being able to process the
probation intakes, ... Show more content on Helpwriting.net ...
Evaluate your practicum mission statement
I am place at the DYRS Family Court Liaison Unit. The department mission statement is to
effectively represent DSCYF in court proceeding by providing a department perspective resulting in
recommendations that are presented in one voice and support positive outcomes for all participants.
The mission statement is exactly what is presented in the court. I rate the mission statement as is a
five to be an excellent statement. Everything I do in my field is basically everything that the mission
statement states. I like how the liaisons advocate for the youth and support the family. One thing that
I dislike is sometimes the parents come in with attitudes and the liaison have to compromise with
who they are, and I can understand how hard that can be, but it has been done.
The Liaison unit represents the Department in juvenile bail proceedings and provides intake services
for youth who have been ordered to community supervision by DYRS. This statement is what I have
been doing since the first day I started. The client has to fill out the form, and when it comes down
to processing the intakes it is hard to read some of the hand writing which can be frustrated at times.
I like doing intakes, adding the clients into the system. Good thing about intakes, it barely be more
than 5 intakes a day. My field placement is a good experience; I like to hear most of the stories
about the clients, because I am amaze by what the children do to put

The Controversy Between Litigation And Alternative Dispute...
Litigation is defined as "civil legal proceedings in a court between contesting parties". Although the
process has its shortcomings, it should not be phased out as a method of resolving disputes within
the Victorian justice system. However, in a rapidly modernising society, the traditional method of
accessing justice through the courts is not the only option available to disputing parties. In some
situations, it may serve potential litigants well if litigation is discouraged and neighbours persuaded
to compromise wherever they can using Alternative Dispute Resolution (ADR) processes.
Therefore, there needn't be a binary between litigation and ADR, nor should one be available to
disputants and not the other, because both processes are complementary ... Show more content on
Helpwriting.net ...
ADR "is an umbrella term for processes, other than judicial determination, in which an impartial
person assists those in a dispute to resolve issues between them," and includes processes such as
mediation, negotiation, evaluation, case appraisal and arbitration. Provided that such processes are
appropriate for the case, ADR processes can provide a range of benefits to potential litigants,
including greater affordability than litigation if an outcome is mutually agreed and adhered to. The
use of ADR is further encouraged in the Civil Dispute Resolution Act 2011 (Vic). This object of this
act is "to ensure that, as far as possible, people take genuine steps to resolve disputes before certain
civil proceedings are instituted". Examples of "genuine steps" taken by the persons involved in the
dispute are outlined in s 4 (1)(d) and includes: "Considering whether the dispute could be resolved
by a process facilitated by another person, including an alternative dispute resolution process". As
such, it is not recommended that litigation be completely ignored as a method of resolving disputes
but

The Red Hook Justice Center
More importantly, the specific principles that helps to comprise community Courts are based on:
community engagement, Collaboration with outside agencies and groups, Defendant accountability,
and Enhanced information.
As the planners of the Red Hook Justice center's they looked at addressing two primary goals.
Reducing crimes and improving quality of life within the Red Hook neighborhood. By combing
aspects of the broken window theory, such as aiming to deter minor crimes with the involvement of
the community and a drug court like program, that helped to provide supervised drug treatment. The
planners believed that the community court would help to deter future acts of crimes, intervene, and
help to enhance the legitimacy of the justice system.
Deterrence is founded on the assumption that people make rational choices about rather or not they
wish to engage in criminal behavior. Thus, it is believed that one would weigh the gain they expect
to achieve from a particular crime, to the expected cost of punishment. Punishment encompasses the
likelihood of being caught and punished as well as the expected severity of the punishment.
Therefore, in order to effectively deter, planner and criminal justice professionals must look into
three factors: the severity of the punishment, the certainty of punishment, and the celerity with
which the punishment is imposed. However, the severity of the punishment must be proportional to
the benefit the criminal expects to realize from the

The Importance Of Court Hierarchy
A court hierarchy is a made up of lots of different courts, depending on the crime you commit
depends on which court your trailed at. If you kill some one or attempt to you will be sentenced to
trial in the supreme court (that's the second highest court) or if you drink drive you will be sentenced
to the lowest court which is called the lower courts (has no jury). There is also courts for family
issues called the family and federal courts.
The lower courts appealed for Jason's case to be held in the supreme court .Jason Courtney was
sentenced to trial in the supreme for 3 counts: possessing, using to intimidate and discharging an
unlicensed firearm. On the 19th may 2006 in singleton Paul Magyar (witness) was attending a
friend's wake and later when he went in to the bathroom the accused (Jason) pulled out a pistol and
said "I know how to use this". Another witness Craig Lason who was in the bathroom at the same
time decided to help, it was only when Craig noticed it was his friend Paul in danger. Craig took the
gun off of Jason and pistol whipped (struck across) Jason, then Paul and Craig started punching
Jason on the ground. walked out and went home and Lason followed.
There are lots of key people in the court ... Show more content on Helpwriting.net ...
The jury's (the 12 random people) is to listen during the trial and to take notes, then they have to
decide whether or not the accused (Jason) is guilty or not guilty on the counts. If he is proven guilty
on all 3 he will be put behind bars for 14 years. The jury could only decide on one count which was
count 3(discharging an unlicensed firearm) and they said he was not guilty. The reason they could
only decide on one count was because the jury had split and was becoming racist and mean to each
other and could only all agree on count

Motion to Vacate Sample
CPLR 5015(a) is a frequently invoked provision in New York practice. It lists the principal grounds
on which a judgment or order may be vacated. It provides (verbatim) that "[t]he court which
rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion
of any interested person with such notice as the court may direct, upon the ground of: * 1. excusable
default, if such motion is made within one year after service of a copy of the judgment or order with
written notice of its entry upon the moving party, or, if the moving party has entered the judgment or
order, within one year after such entry; or * 2. newly–discovered evidence which, if introduced at
the trial, would probably have produced a ... Show more content on Helpwriting.net ...
This is not an easy paragraph to satisfy. The showing that must be made before the motion will be
granted under this provision is that the evidence is not only "newly–discovered", but that it is
evidence of such quality that it will "probably", not merely "possibly", change the result in the case.
And the movant should also show why, with reasonable diligence, the evidence could not have been
discovered in time for the trial, or at least in time to move for a new trial under CPLR 4404. (The
time for the post–trial motion is tight. See CPLR 4405 and the Commentary on it.)
The newly discovered evidence can't merely be "cumulative", nor "such as would merely impeach
the credibility of an adverse witness". Cizler v. Cizler, 19 A.D.2d 819, 243 N.Y.S.2d 614 (1st Dept.,
1963).
In Cizler, a wrongful death action had been dismissed, before submission to the jury, for failure of
proof. At the time of the trial the plaintiff, despite a diligent search for eyewitnesses to the
automobile accident, could find none. The plaintiff afterwards found such an eyewitness and moved
for a new trial. The court found the requirements of what is now paragraph 2 satisfied and granted
the plaintiff's motion, but with the condition that the plaintiff pay the defendant's costs and
disbursements to date (including appeal costs).
While "generally newly discovered evidence going only to credibility" is not a basis for setting aside
a judgment, it may become so when a

New York Family Court Case: Winship V.
The Facts: A judge out of a New York Family court found 12–year old Winship (Defendant) had
committed an act of stealing money from a pocketbook in a locker that if it had been committed by
an adult it would have been a crime. But due to it being a 12–year old, the judge relying on a
preponderance of the evidence, the standard of proof required by the New York Family Court Act,
led the way of giving good reason that justified the fact that a young person did the crime that he
was charged with. Winship had to dealt with a finding like this had to be based on proof beyond a
reasonable doubt. This decision was supported by the New York Court of Appeals and sustained the
constitutional, but Winship was granted a review by the United States Supreme Court.
Issue: Prove beyond a reasonable doubt throughout the essentials of due ... Show more content on
Helpwriting.net ...
Proof beyond a reasonable doubt is a long–standing belief in the criminal law that is almost always
demanded by the court. It is an important tool in reducing the risk of error and applies to both
juveniles as to adults to protect those who are mistaken way charged. Juvenile proceedings may be
believed to be civil proceedings within the state, but they are basically criminal trials because they
can result in a way to deprive an individual's freedom. The purposes of the juvenile justice system
would not be threatened by heightening the standard of proof. Constitutional questions decided by
the Court concerning the juvenile process have centered on the adjudicatory stage, at which a
determination is made as to whether a juvenile is a "delinquent" as a result of alleged misconduct on
his part, with the consequence that he may be committed to a state

Family Court Cases
Family courts are convened to make orders regarding family laws, child custody and divorces. A
large number of cases that are heard in family cases are divorce cases. In such cases there is a need
for lawyers who can handle the case with utmost care.
When separation becomes the last option for couples facing problems in a marriage, they need to
decide if they are able to settle everything themselves or need a family law attorney to do it for
them. Generally, it is advised to hire a lawyer who can act as a mediator and save your precious time
and money along with painful court experiences.
If the couple chooses to hire a lawyer, then hiring the right one becomes crucial. Settling things in a
civil manner without fueling the already existing ... Show more content on Helpwriting.net ...
In such a situation, a lawyer is needed to protect the interests. He or she can give you advice as well
as the legal options with you and what your next move should be.
If children are involved
One more important thing during a divorce is the custody of children. Choosing an attorney if
children are involved is the best option to ensure that the children remain unaffected. Both the legal
and emotional issues need to be dealt with utmost care. The lawyer has to act not only as a
professional but also a human being with a parent's heart in the case.
In case of collaborative lawyers
In collaborative practice, the lawyers agree to work cooperatively towards a settlement without
approaching the court. This is only practiced when the other spouse has hires a collaborative lawyer.
Both these act as mediators and encourage earlier settlement.
These days, the internet allows you to hire a lawyer online without much effort. You get lots of
experts who can handle your case within your locality. A good lawyer will protect you and your
assets more than you think. Even the mediators facilitate a satisfactory agreement with both spouses
without representing individual interests. So hire an expert who will help you to make the best
decisions about your

Resume For A Business Partner
Keywords: partner disputes in Broad Run, VA; contract disputes in Broad Run, VA; family disputes
mediation in Broad Run, VA; commercial mediation in Broad Run, VA
How to Handle Partner Disputes in Broad Run, VA
Partner disputes in Broad Run, Virginia occur when business partners cannot disagree as to how
their business activities should proceed. For example, perhaps one partner wants to enter a major
deal with another company and the other partner does not. Or, perhaps one partner wants to expand
the business, but the other partner thinks it is too risky. If partner disputes in Broad River, Virginia
businesses escalate, litigation may be required and the business may close its doors.
If you are a business partner, there are several ways you can prevent a partner dispute from rising to
such a level.
First, even if you are angry or frustrated with your partner, make time to schedule a meeting
together. If you have not communicated much about your dispute, it may seem larger than it really
is. Bring any relevant documents to this meeting with you so that the two of you may look at the
facts of the dispute together. Although it may be difficult, try to remain as objective as possible as
you discuss your disagreement.
If this meeting does not resolve the disagreement, schedule mediation. During mediation, a mediator
will help you and your business partner compromise and resolve your disagreement. Mediation does
not require court hearings or trials, and it is much less

The Criminal Justice System : The Three Foundations Of...
Abstract
.
Criminal Justice system alludes to the aggregate foundations through which a charged guilty party
goes until the point when the allegations have been discarded or the evaluated discipline finished up.
The Criminal Justice system comprises of three principle parts: (1) law requirement (police, sheriffs,
marshals); (2) settling (courts which incorporate judges, prosecutors, resistance legal advisors); and
(3) rectifications (jail authorities, post–trial supervisors, and probation officers). While the three
segments of the Criminal Justice system are associated, every segment is likewise divided. The
entire thought of a systems shows that the parts cooperate as one. In a criminal Justice System, these
unmistakable organizations work together under the run of law and are the central methods for
keeping up the lead of law inside society.
The Three Components of Criminal Justice
Criminal Justice system alludes to the aggregate foundations through which a charged guilty party
goes until the point when the allegations have been discarded or the evaluated discipline finished up.
The Criminal Justice system comprises of three principle parts: (1) law requirement (police, sheriffs,
marshals); (2) settling (courts which incorporate judges, prosecutors, resistance legal advisors); and
(3) rectifications (jail authorities, post–trial supervisors, and probation officers). While the three
segments of the Criminal Justice system are associated, every segment is

Court System Research Paper
What are the five courts in New Hampshire's court system? In at least two to three sentences (for
each court), explain the jurisdiction and role of each of these five courts.
Supreme court– Located in concord and hosting five judges. The court handles cases that interpret
the New Hampshire constitution. It also corrects errors in lower courts.
Probate court– Overseas wills of dead peoples that are challenged in court. Can make the decision of
assigning a person a legal guardian to make decisions for. Can commit a person to a state hospital if
the court deems that person a harm to themselves or others.
Superior court– The court where jury trials are held. Holding criminal cases where a person is
judged by a jury of their peers and also civil ... Show more content on Helpwriting.net ...
Do you think this would be a career that you would enjoy? Provide both positive and negative
aspects of the job and explain why you would/would not want to serve as a judge in the New
Hampshire courts.
The courts seem very interesting. Judging the innocence of citizens is a very interesting role in
society. The judge holds a lot of power in a society and can make life altering decisions for people
everyday. The judges interviewed seemed very serious and painted a very serious picture of what
happens in a court of law. How the judge has to be well informed both on the case and current and
past laws. This is all very interesting to me and would be a great way to develop a personal
definition of justice. A downside to this is all that hard work it takes but a lot of that hard work is
returned when you make the right decision on a case where someone is being unjust and breaking
the law. Another downside is making decisions in tough cases where helping someone might mean
sending another person to jail for life. I would like to work in this field if given the option but I think
it would require a lot of hard work and dedication to be a judge in a lower or higher court anywhere
in the

My Reflection Of A Trip To The Family Court
On November 27, I've decided to go to Family court and observe the way the judge handles things. I
believe it was going to be a good opportunity to see how the laws work and favor the children.
When I first walked into the courtroom, There was three police officers, two secretary sitting next to
the judge and about six lawyers and one translator. During my visit I observed four cases, that all
had to do with child support.One of the cases was a mother arguing with the father because he has
not paid for child support. But the father has recently got out of jail. I wasn't expecting going into
that courtroom and seeing so many people there, not seeing them bring men who were detained
because they have not paid. It was a great experience being there and the judge being so
understanding and nice.
When I first walked into the courthouse, it wa a little weird just because it was my first time being
there. As I walked into the courtroom I thought that I was going to be told to get out, just because
when I walked in everyone was looking at me.Once I sat down I started to observed everyone and
everything around me. I observed the way the judge interacted with the people there, and how the
staff interacted with the judge. I did not expect seeing so many people in the courtroom, and did not
expect to see so many files. Another thing that surprised me was when the police officers brought
out people they had detained. I was not expecting to see that, in my head I was expecting to see

Analysis Of A Court Of Thorns And Roses
What if you could live in the world of the faeries for all of your human life? "A Court of Thorns and
Roses," by Sarah J Maas, is a gripping fantasy series about family, friendships, and of love. I picked
up this book as a suggestion from mom to pass time and 13 hours later I had a numb bottom and a
finished book in my hands. I was utterly hooked from the first page to the last. It is a compelling
new twist on the classic Beauty and the Beast storyline where the main character makes many
sacrifices for the betterment of her family, friends, and humanity itself. Ultimately falling in love
with the wrong person at the right time and then the right person at an even better time. The
imaginative characters come together to battle through epic trials and to conquer unspeakable odds.
Maas uses her vivid descriptions of beauty, sacrifice and true courage to enthrall the readers making
it impossible to put down. Maas's incorporation of mythology and folklore from our world into her
book allows you to build a personal relationship with the characters and a feeling of comradery. The
BCCB reviews the series as "Elements from 'Beauty and the Beast,' 'East o' the Sun, West o' the
Moon,' the myth of Persephone, and the legend of Tamlin are seamlessly interwoven with clever
allusions, while the faerie world is resplendent in its initial beauty and then horrific in the brutality
Feyre later encounters."
In A Court of Thorns and Roses series, the first book, which is also called A Court of

Adversary System In Australia Essay
Australian law is greatly influenced by English Law, being the foundation to the Australian Law
System that shaped our country to the democratic and unbiased country known today. Australia has
adapted the adversary law derived from English Law, it is when two contrasting sides in a case
present their evidence and argument in court, this occurs with an unbiased third party overviewing
the cases (Hamper et al., 2009). The Lin Family Case was over viewed by two third parties; the Jury
and Justice Elizabeth Fullerton, the opposing sides is Mr Xie and the witness is Detective Constable
Anthony Ryan who investigated the crime scene (Visitation, 2015).
The adversary system ensures a fair verdict of the case put forward thus, a particular side at no time
has a unfair upper–hand. The effectiveness of the adversary system in achieving justice is
successful, providing a equal course of action with affirmation of the jury witness and defendant
(Hamper et al., 2009).
The effectiveness of the adversary system in achieving justice can include; equality, protection and
recognition of individual rights and law as a reflection of community standards and expectations, ...
Rights are created to ensure that citizens of this society are protected under law and are treated
impartial in front of the law. When the protection and recognition of an individuals right is not seen
thought in court, numerous of issues can surface the individual who is being treated unjustly may
filing a complain of unfair treatment in court. In the Lin Family Murder case, the accused Mr Xie is
entitled to their rights of which are not withdrawn in the view of he being the guilty party; this
would lead to a breach in the code of recognising the rights of an individual (Visitation, 2015). The
effectiveness of the adversary system in achieving justice regarding the protection and rights of an
individual is

The Canadian Charter Of Rights And Freedoms
Firstly, through my observations of the different courts it was evident the administration of justice is
done in due time, and the process is not expedited without an outstanding reason as it can lead to
misguided verdict. Furthermore, the criminal trial process in our society focuses on equality and
promotes this principle by entitling an accused of even the most heinous crimes to civil liberties and
processes as not to compromise the criminal trial process. A fair trial is an intrinsic right of all
members of society making it fundamental to our being, and is ergo ensured to us all under s.11 of
the Canadian Charter of Rights & Freedoms. Provided with other preemptive measures to guarantee
justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an
understanding of the legal process as to help the accused and their families be prepared in their
defence. As well as providing an impartial and competent assessment in all stages of the trial
process. Through my observations of all three courts, it was plain that all players present in the
courtroom were there to administer justice and maintain the equity of our society. By providing a
competent and impartial governing body to conduct the trial, but also by doing so: in a timely and
thorough manner, while protecting the accused's inherent rights, and by educating those partaking in
the process as well as making educated decisions themselves. In all the cases I observed at the Elgin

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