What are the pros and cons of a two tier legal system?© BrainMass Inc. brainmass.com June 3, 2020, 6:36 pm ad1c9bdddf
1. What are the pros and cons of a two tier legal system?
Form the following example, we can glean that one main con exist, mainly that there is no choice for the defendant to be tried by judge and jury initially as there is in a three tier system; the main pros seem to be that is saves the court both time and perhaps money.
Let’s look at the example, where the court provided an argument for the justice of the tier legal system (e.g., does not violate 14th amendment, etc.):
Example: LUDWIG v. MASSACHUSETTS (excerpt)
Under Massachusetts' two-tier court system, a person accused of certain crimes is tried in the first instance in the lower tier, where no trial by jury is available. If convicted, he may appeal to the second tier, and, if he was convicted after a proceeding on a not-guilty plea, or by "admitting sufficient findings of fact," he is entitled to a trial de novo by jury in the second tier. Appellant, after he pleaded not guilty and after his motion for a jury trial was denied, was tried ...
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