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Reform Through the Courts - Arvik 1 Sam Arvik Dr....

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ArvikSam ArvikDr. HinchliffePS 3223/3/17Reform Through the Courts Police brutality in the United States has been a notorious and divisive topic when one examines the policing by the local government. As a result of this recent policing situation beingbrought to light, by activists and their counsel, changes to policing policies have been enacted and new changes have been discussed. In these recent instances, and also throughout history, the legal system and its practices have allocated time and resources to contemplate criminal and civil justice. Due to this consistent contemplation done by the judicial system and the recentactions by activists, substantial changes have and will continue to be implemented into the legalsystem’s policing. In order to create change in the policing of the American legal system an individual must understand the different aspects of the system. These include the processes, incentives, and biases of the system. Tracey George and Lee Epstein discuss the process of how the courts cometo their decisions in “On the Nature of Supreme Court Decision Making.” The process includes, positivist jurisprudence where the rule of law is the key determinant in decision making, and reflecting political jurisprudence meaning sociological, psychological, and political factors have little affect on judicial outcomes (Epstein & George 1992). However, this is only one part of the legal system, another part is the adversarial system. In this system the two opposing counsels present their arguments, collect evidence, and call witnesses in order to sway the fact finder, 1
Arvikjudge or jury, to favor their side of the argument. The other element of the legal system in the United States is the police. Policing is described as, the duty to maintain law and order in or for an area or event. But the process of policing isn’t that simple, there is corruption, under-qualification, and aggressiveness found in some law enforcement. Along with the processes of the American legal systems, one must also examine the incentives that drive the forces of the system. One incentive that encourages the legal system to

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Term
Fall
Professor
Hinchliffe

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