Thursday, October 31, 2019

Sixth Amendment Essay Example | Topics and Well Written Essays - 250 words

Sixth Amendment - Essay Example al differences and that each system has its own strengths that make them superior to each other; in particular, American proceedings are superior to the Chinese system, because it allows the masses to hear and to decide cases and it is less open to corruption, although the Chinese proceedings do have the advantage of expertise analysis. Cultural differences impact how the criminal justice system is perceived and executed. Western courts, like the American courts, believe that justice is for the victim; the individual has rights that the state must defend and protect (Deflem & Swygart, 2001). As a result, the American proceedings use jury trials to ensure that a group of individuals protect their fellow individual’s civil rights. The Chinese criminal system, on the contrary, is a communist system and it believes that the criminal justice system should serve the interests of the state (Deflem & Swygart, 2001). It has no jury trials, unlike the American system, and it uses a panel of judges (Dammer & Albanese, 2011, p.131). The Chinese system also emphasizes the confession of the defendant than the testimony of the witnesses (Dammer & Albanese, 2011, p.131). This essay believes that there is no superior court system, since people have cultural differences that would make them prefer one system to another; however, the American and Chinese court procedures have advantages that make them superior to each other. American proceedings are superior to the Chinese system, because it allows the masses to hear and to decide on cases. Unlike the Chinese court system, only judges hear the cases and if they come from the upper or middle class, they may be biased toward their own social classes. The American system is also less vulnerable to corruption. The Chinese government appoints the judges for its criminal justice courts and it can easily select judges who are partial to their interests. Still, the Chinese proceedings do have the advantage of expertise analysis. The

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