Learning Resources

Required Readings

Mays, G. L., & Fidelie, L. W. (2017). American courts and the judicial process (2nd ed.) New York, NY: Oxford University Press.

• Chapter 12, “Addressing the Problems and Crafting Solutions” (pp. 365–369)

Mays, G. L., & Fidelie, L. W. (2017). American Courts and the Judicial Process. Copyright 2017 by Oxford University Press. Reprinted by permission of Oxford University Press via the Copyright Clearance Center.

Reichel, P. L., & Suzuki, Y. E. (2015). Japan’s lay judge system: A summary of its development, evaluation, and current status. International Criminal Justice Review, 25(3), 247–262.

https://doi.org/10.1177/1057567715588948

Ma, Y. (2012). The American exclusionary rule: Is there a lesson to learn from others? International Criminal Justice Review, 22(3), 309–325.

https://doi.org/10.1177/1057567712457944

Hsieh, M.-L., & Boateng, F. D. (2015). Perceptions of democracy and trust in the criminal justice system: A comparison between mainland China and Taiwan. International Criminal Justice Review, 25(2), 153–173.

https://doi.org/10.1177/1057567715570050

Library of Congress. (n.d.). Guide to law online: Nations. Retrieved from http://www.loc.gov/law/help/guide/nations.php
For the Assignment, browse this site for a sampling of existing judicial systems in other countries.

Central Intelligence Agency. (n.d.). The world factbook. Retrieved from https://www.cia.gov/the-world-factbook/
For the Assignment, browse this site for a sampling of existing judicial systems in other countries. Click the Country Comparisons link and then explore the various possibilities for comparing country data.

By Day 7

Submit a 750- to 1,250-word consultation report for a nation that is creating a new judicial system as part of its newly drafted constitution.
The characteristics of the newly formed nation include:
Indigenous peoples make up 15% of the population; recent immigrants make up another 20%; descendants of a group that historically had been treated as a subclass but has been attempting to gain a foothold in society for many generations make up 35%; and a group descended from centuries-old settlers to the land make up the final 30%. This final group always has held the largest share of wealth and power, although other groups have marginal representation in these areas. This final group has for many generations held a significant majority of governmental roles.
The topics to be addressed in your consultation report are:

• Define due process in the newly created judicial system and how it will be articulated in a clear way to citizens.
• Identify important roles in the newly created judicial system.
• How do the roles in the newly created judicial system affect the balance of power? How does the balance of power affect each role?
• How do you propose balancing the protection of rights with the protection of society?
• How can the new judicial system be developed with cultural awareness as a key feature?

Be sure to reference your course readings to support your claims and reasoning.
As a separate analysis that is not a part of the report, respond to the following:

• How does an exercise like this contribute to positive social change in your own judicial system?