The American court system is one of complex court systems across the world. Approximately, 17000 courts operate within the US at local, state and federal levels . The structure of these courts, including the legal duties of the court staff followed by the steps involved in the criminal process have been influencing the trends of American court system over years. There were several controversies and debates about the actions and inactions of the courts in the past. However, the court system has transformed over time into an effective judicial body, which delivers justice to the Americans. The past trends of the American court system tell a different story, while the present trends address the accomplishments of the court system . On the other hand, the future trends indicate that the court system would be more oriented towards problem solving and less adversarial.
Since its origin in 1789, the American court system personified the laws laid by the US constitution. In the past, the trends of the court system were quite disappointing. Critics argued that the courts were sparing certain cases for entire reconsideration and affirming the decisions of the lower courts perfunctorily rather than issuing well-grounded opinions . Most of the Americans felt that such a practice was a hindrance to the nation as it was deteriorating confidence in the court system and refusing litigants the opportunity for further reappraisal by the higher courts. The American court system had to face several controversies for making discretionary choices about recommendations related to sentencing. In most of the cases, the formal rules found in law books failed to provide answers to questions arising in the case, which led to the elimination of a majority of cases during the initial stages before they even entered the actual criminal court process . There were over 300,000 cases filed in district courts, which was virtually impossible for the court staff to provide faster resolution.
Physical brutality and corporal punishment were significant events in the past, which the court systems failed to efficiently deal with. Although the court system offered justifiable resolutions to a majority of the cases, it failed to advocate quick fixes to several cases. Court administration and participatory governance was complex as the court systems lagged behind other sectors of the US government . The American court system encountered critical issues in the past as it failed to separate administrative responsibilities from judicial responsibilities. However, reformers were able to delegate operational responsibilities to professional managers and administrative role to judicial officers. The decentralization of the American court system was partly responsible for ensuring case flow management in spite of facing funding-related issues . The past reforms tended to be purely legal, thereby ensuring an intensive and comprehensive approach in terms of oral hearings and dispute resolutions.
Fighting legislation, regulation and antitrust have become the present trends of the American court system . In the present, the high volume of caseloads has become a major issue in the court system, due to which judges are under immense pressure to resolve cases at a faster pace lest developing a backlog. The court system does not allow judges to dedicate their time in resolving the cases. However, this was not the case before. One of the major reasons for such as trend is because the court system is not reluctant about ascertaining that the Congress has exceeded its bounds . In the recent years, the need for more affordable and prompt resolution of disputes has been on emphasis. Since a few years, the American court system has been implementing innovative dispute resolution mechanisms into the existing legal framework. The development of new alternatives by the court system has facilitated judges to create better processes and satisfying outcomes .
A careful selection and adaption of court system reforms has led to oral proceedings over documentary techniques. This is one of the major cornerstones of the American court system as it stresses the necessity for the best possible resolution to every case. Unlike the early judges, US judges today are not looking out for business, rather handling the cases through rapid computerizing records and fax filings . This is a major step towards speeding up the case resolution process. The recent trend in the American court system is focusing at offering business-driven and party-negotiated solutions rather than all-or-none approach . This has created a positive climate across the courts and resulted in satisfying outcomes. From the public’s perspective, it is worth mentioning the supplementary techniques and alternative mechanisms favored by the courts.
In the future, rising concerns about violent offenses and crime, court delays, overcrowded dockets and litigation explosion would send the American court system in a crisis. This situation is likely to increase as the courts experience heightened demands. The US has been undergoing major economic, social and technological changes, which is likely to boost greater controversies with regards to the role of law and courts in the American society . Although it is too early to predict the nature of changes that would occur, there is every possibility for major transformations to the American court system. Changing demographics and changing lifestyles would impact the volume of cases and diversity of issues. Amidst these circumstances, courts would be compelled to play a significant role of dealing with crimes and mediating disputes . On the positive note, technological advancement is likely to present numerous opportunities to the American court system in improving its efficiency. The graying of population would present new challenges to the American court system as courts would encounter an increase in cases concerning the needs of the elderly. The elderly would constitute 21.7 percent of the US population by 2040 . Hence, the courts will have to alter their ways while responding to community needs.
The future trends of the American court system would be highly influenced by budgetary and managerial impact on courts, corrections and law enforcement. While the current spending towards the court system is $68 billion, the future trends suggest various reforms and transformations, which would demand huge financial investment . An increase in cultural diversity across the US is likely to trigger an increase in the number of non-English speaking individuals. This suggests the need for the courts to invest in multilingual staff, interpreters and language services, which would enhance the budget of the courts . The courts would need to invest much amount for responding to evolving legal issues in the future. The American court system would face severe fiscal constraints, which could be resolved only through investments into reliable technology. There would be a dire need to hire court staff who could deal with every type of issue. This in turn requires investing into educations institutions and universities to receive the best talent. Altogether, the American government will have to dedicate a considerable amount of dollars towards the court system in order to ensure its effective functioning.
References
Baum, L. (2012). American Courts: Process and Policy. Boston, MA: Cengage Learning.
Jenkins, J. A. (2011). The American Courts: A Procedural Approach. Burlington, MA: Jones & Bartlett Learning.
Maguire, B., & Radosh, P. F. (2001). The Past, Present, and Future of American Criminal Justice. New York, NY: Rowman & Littlefield.
Neubauer, D., & Fradella, H. (2016). America’s Courts and the Criminal Justice System. Boston, MA: Cengage Learning.
