Independent State Courts
The United States has two primary court systems, which include State courts and Federal courts. Such division was introduced in order to grant independent judicial systems yet unite them under the fundamental principles of Federal legislation (Burke et al., 2019). However, such division may lead to the occurrence of significant differences between State judicial systems, causing equality issues and complicating law enforcement. The dual court system has a significant impact not only on the process of trial but also on diverse aspects of the legislation (Mollers, 2020). States are provided with an opportunity to develop and implement independent laws and regulations. Even though the dual court system has some shortcomings, it may be necessary to maintain the system in order to grant sovereignty to the States.
Advantages
As already mentioned, the dual court system plays an essential role in maintaining State independence. The principle of State sovereignty from the central government is one of the fundamental principles of the United States (Burke et al., 2019). Hence, it is vital to provide the States with independent courts. Another considerable benefit is the ability of States to introduce specific laws, which are particularly suitable for a concrete region. In some cases, it may be necessary for the judicial system to consider various cultural and territorial aspects.
Disadvantages
There are also some possible disadvantages of the dual court system. In fact, the law’s flexibility is highly controversial and debatable. Even though it may provide adapt judicial systems to the need of a concrete State, it may also cause inequality. Moreover, it may overcomplicate the process of trial, as the decisions of State and Federal courts may differ (Fix et al., 2017). Even though the existence of Federal courts may minimize inequality issues, it may lead to the occurrence of highly controversial cases such as Maryland v. King.
References
Burke, A. S., Carter, D. E., Fedorek, B., Morey, T. L., Rutz-Burri, L., & Sanchez, S. (2019). Introduction to the American Criminal Justice System. Open Textbook Library.
Fix, M. P., Kingsland, J. T., & Montgomery, M. D. (2017). The Complexities of State Court Compliance with U.S. Supreme Court Precedent. Justice System Journal, 38(2), 149–163. Web.
Mollers, C. (2020). Legality, Legitimacy, and Legitimation of the Federal Constitutional Court. The German Federal Constitutional Court, 131–196. Web.