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Court Related Technology Issues Analysis

Court Related Technology Issues Analysis

February 6, 2017

BCC/395 - Contemporary Issues and Futures in Cybercrimes

John Kane

Joel Rodriguez

University of Phoenix
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Court Related Technology Issues Analysis

In the United States so much is constantly changing within our society. Our

perception has changed and continues to do so and as they do so does everything else.

When how we think changes our society changes. When our society changes the way our

society operates changes. This is true in any facet of our society in the United States and

pertains to every aspect in which we operate. These issues are not limited to us as a

society; they also extend into our criminal justice system and our court systems. In this

paper we will take a look into issues that currently face our court systems regarding

cybercrime. We will attempt to identify the current and future issues that face our courts

and court administrators when it comes to cybercrime in our society today. In our

analysis we will attempt to discuss this on several areas that include discussing future

management issues and trends that regard language interpretation and services. We will

also assess the past, present, and future impacts that victim rights laws have on court

proceedings involving cybercrime cases.

Our court and court administrators face many issues daily. They are in a struggle

to achieve justice for victims and to punish criminals who have victimized innocent

individuals over the internet or online. They have a particularly thankless and difficult

task set out before them. They work diligently within the confines of the law and the

legal system to obtain justice in any way that they can in an honest fashion. In doing so

they are faced with many difficulties and issues on numerous diverse levels.

One of which currently an issue that could become a larger issue is that of illegal

aliens entering the United States and entering the criminal system. This is a difficulty and

an issue that presents many challenges for both court systems and court administrators in
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Court Related Technology Issues Analysis
our present society. This can become an issue in the cybercrime world if these individuals

are tech savvy and start to commit crimes via the internet.

The illegal immigration problem that the United States has been dealing with for

many years has been referred to as many things. It has been referred to as an epidemic, it

has been referred to as an injustice, it has been referred to as many things, most of which

are not positive.

The truth of the matter is that just because a person is not officially a United

States citizen does not grant him or her freedom to perform crimes in the United States.

They can be punished for those crimes, but they will not be denied the rights given to

American citizens who are protected in our Constitution. The 14th Amendment states

"Nor shall any State deprive any person of life, liberty, or property without due process of

law; nor deny to any person within its jurisdiction the equal protection of the laws,"

applied to persons "without regard to any differences of race, of color, or of nationality,"

and to "an alien, who has entered the country, and has become subject in all respects to its

jurisdiction, and a part of its population, although alleged to be illegally here." This issue,

although one that remains present in our society today was established in 1886 in the case

Yo Wick vs. Hopkins that involved the rights of Chinese immigrants. The United States

Constitution refers not only to United States citizens but to all persons who are inside the

country (usgovinfo.about.com articles, 2011).

The fact remains that people who enter this country illegally always has been and

will continue to be an issue. It was in the past, it is presently, it will most likely be an

issue later on down the line in time. For our courts and court administrators the fact those

who enter this country are not officially citizens of this country that does not protect them
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Court Related Technology Issues Analysis
from not possessing to abide by our laws. This creates a problem for those who try to

impose the law and do so in a fair fashion because often there are cultural differences that

illegal immigrants are not aware of. This problem regarding the differences in culture

also transfers over into the courts and becomes a problem for court administrators.

Because there are so many illegal immigrants entering the court system it creates

many difficulties for court administrators regarding language interpretation services. In

the United States we are primarily an English- speaking nation. When people whom are

not from this country enter the court system it becomes a problem for court

administrators when they do not speak the language. Our process within our court system

is to ensure that every person has a fair and impartial trial, and this becomes difficult

when the language barrier becomes one that is a hurdle to find proper interpretation.

This creates many problems on several different levels that cause citizens to be

angry with illegal citizens who enter our country. The problem that this causes is that our

court system is not free. The taxpayers pay it for. When an illegal immigrant enters the

court system, he or she are not paying taxes. Due to the nature of our Constitution, we

intend to give a person a free trial and when they do not speak the English language and

an interpretation service is required to ensure that he or she receive a fair trial it costs the

tax payers much more money. The problem with illegal immigrants exists on many levels

and is a cause for concern in the future for many reasons.

There are other issues that face courts and court administrators. Some of which

have impacts on court proceedings. Victim rights laws are examples of issues that can

have a superior impact on the way that courts precede. Some of victim rights laws include
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Court Related Technology Issues Analysis
the right to attend criminal justice proceedings, the right to apply for compensation, the

right to be heard and participate, the right to be informed of proceedings, the right to be

protected, the right to restitution, the right to having property returned, the right to a

speedy trial and the right to have these rights enforced (victimlaw.info article, 2011).

The implications of these rights can alter the course of a trial. They can change

the way a trial would normally be run and disrupt the course of the trial itself as the court

administrators try to adhere to the rights of the victims. The proceedings must be aware

of the victims and their rights and by doing so the proceedings must change and revolve

around those rights. This changes proceedings to a degree, and if the rights of the victims

are not recognized it could make the case and the court be seen as unfair.

In conclusion, there are many issues that face our court systems either having to

do with cybercrime or without it and those given the responsibility to administrate the

court. Working within the court system is no easy task, and because of so many different

aspects that make the job difficult it does not take much to make the task that much

harder. Issues that we may not consider to be complicated on the surface, like language

interpretation, have many different layers of implications for those both involved in the

court and those who pay for the court. To be responsible for a court one must be aware of

all of the necessary things that need to be recognized in order for it to maintain fairness

and be in line with what has been outlined in the Constitution.

 
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Court Related Technology Issues Analysis

Reference

Internet Reference,

http://usgovinfo.about.com/od/rightsandfreedoms/a/illegalrights.htm, retrieved on

November 27, 2011.

Internet Reference,

http://www.victimlaw.info/victimlaw/pages/victimsRight.jsp, retrieved on

November 27, 2011.