Final Research Paper JURI 510
Introduction
In this final research paper for our class, we are asked to examine our state's legal system
compared to two legal systems we have researched in class. Over the course of our semester, we
have delved into several legal traditions all over the world. In this research paper, we will discuss
the Illinois legal system compared to common law and Hindu legal traditions. When comparing
the different legal systems, we will discuss two benefits and two challenges that each legal
system encounters. At the close of this research paper, we will propose a solution to one of the
challenges that one of the legal systems faces.
Illinois Legal System
The Illinois Supreme Court was enacted on December 3, 1818, when President James
Monroe signed an Act of Congress admitting Illinois to the United States as a state.
Northwestern: Pritzker School of Law, Background and a Brief History and Guide to the Illinois
Judicial System, Illinois State Judges 2015. Article IV of the first constitution provided for a
state judicial system, stating that “the judicial power was vested in a supreme court composed of
four justices, and such inferior courts as the [Illinois] General Assembly [the bicameral state
legislature] shall establish. Id. The first four Illinois Supreme Court justices were appointed by
the general assembly to serve until their terms expired in 1824. Id. Illinois now currently has
seven Supreme Court justices. Illinois Supreme Court, Balletpedia.com (2024). These justices
are elected from five appellate judicial districts across the state, with three of the justices coming
from Cook County. Id.
Final Research Paper JURI 510
Governor Pritzker signed the Safety, Accountability, Fairness, and Equity-Today Act also
known as the SAFE-T Act or now the PFA (Pretrial Fairness Act) in January of 2023. Vincent
Liu, The Illinois SAFE-T Act: Eliminating Racial Bias in Pretrial Detention, Chicago Policy
Review, (2023). This act did not go into effect until September 18, 2023, due to some legal
issues and the fight for its constitutionality. The Id. SAFE-T Act was proposed as a form of
pretrial reform to address racial and socioeconomic inequalities in our Illinois criminal justice
system. Id. The biggest reform was the elimination of cash bail. “Before the SAFE-T Act went
into effect, the bail system required that a judge approved pretrial release conditions on an
individual’s ability to make bail, which typically ranges between a few thousand dollars to tens
of thousands of dollars.” Id. Enacting the SAFE-T Act is a benefit and challenge for the Illinois
legal system. It benefits low-income individuals who did not have the means to bail themselves
out of jail even for low level crimes. However, it creates a challenge because ow it creates a
revolving door for low-income individuals because they know that all they basically will get is a
mild reprimand. This tends to bog down the court system.
The Illinois legal system has always provided a large amount of legal aid services. We
currently use such legal aid services from Land of Lincoln, Illinois Legal Aid Online, and Illinois
Court Services. These services provide free legal resources and tools to help individuals navigate
legal issues, especially those who cannot afford an attorney. Who is ILAO?, Illinois Legal
Aid.org (2024). Doing this allows the legal system to be more accessible to the general public.
Id. This benefit kind of bleeds into another challenge being that there is a significant amount of
limited resources, especially the more southern you go in the State. Cook County, Chicago,
individuals have an ample amount of resources at their disposal, but for counties at the
Southernmost tip, resources are scarce. Nicole Zayas Manzano, Illinois Ends Cash Bail: What’s
Final Research Paper JURI 510
Next?, The Bail Project, (2023). This can lead to inconsistent access to justice and the quality of
legal services that are available. Id.
Common Law Legal System
The common law was a historically deemed term that meant a law common to the people
of England, controlled by the Royal courts. Michael Parrington, A Short History of the Common
Law, Harvard Archives, (2012). However, this essay also considers the development, through
history, of common law to another understanding as the body of law created by judges, and in
that sense the law not created by equity or statute. Id. Without a power platform for upholding
and legitimizing the law-making decisions of the judges there would have been little chance for
the common law to be created or maintained. Id.
Two benefits of common law are that it is consistent and flexible. Common law systems
rely heavily on precendets. With being consistent it helps individuals and counsel predict how
their cases outcome and will be able to prepare accordingly. Common law: Defining what it is
and what you need to know, Thomson Reuters, (2024). With being flexible and having the ability
to adapt it allows for the legal system to change and adapt to any unforeseen circumstances more
quickly than statutory law. Id. Common law has been able to evolve over time as judges interpret
and apply laws to new situations. Id.
Two challenges of common law are that at times it can be complex with limited
accessibility and that it can have the potential to be inconsistent. When relying on case law it can
make the legal system complex and difficult to navigate. Understanding the nuances of legal
precedents often requires specialized knowledge. Morris L. Cohen, The Common Law in the
American Legal System: The Challenge of Conceptual Research, American Association of Law
Final Research Paper JURI 510
Libraries Institute on Legal Services, (1987). Inconsistencies can be drawn from different
interpretations by various judges, which contrasts what precedents aim to provide. This can
create uncertainty and unpredictability in some cases. Legal Traditions, Judiciaries Worldwide:
A Resource on Comparative Judice Practice, (2024).
Hindu Legal Systems
Hindu law has a foundation that was built from the ancient text of Dharmashastras. H. Patrick
Glenn, Legal Traditions of the World: Sustainable Diversity in Law, 291, 292 (5th Ed. 2014).
The concept of dharma is the core value that encompasses moral, ethical, and religious duties. Id.
Over thousands of years Hindu law has evolved through its many aspects of Hindu life. Ansana
JM, Understanding Hindu Law: The Complexity Beyond Lex Loci, (2024). Hindu law in India
has ancient legal systems they are deeply intertwined with religious and cultural traditions. Id.
The Hindu legal system has seen significant changes over the years that were shaped by judicial
rulings, legislative changes, and societal norms. Id.
Two benefits of Hindu law are the integration of Dharma and its community-centered approach.
Like previously stated, the Hindu legal system is deeply intertwined with the concept of dharma.
This integration ensures that laws are not just legal mandates but also moral guidelines,
promoting a holistic approach to justice. Donald R. Davis, Jr., Hinduism as a Legal Tradition,
Journal of the American Academy of Religion, (2007). Traditional Hindu laws will tend to focus
on the roles of local communities and households in order to resolve disputes.
Two challenges of Hindu law are the complexities of the law and its inability to modernize its
gender equality laws. The Hindu legal system heavily relies on old texts and customs.
Unfortunately, different regions and communities in India have varying texts and customs
Final Research Paper JURI 510
causing inconsistencies when apply it to laws. Ansana JM, Understanding Hindu Law: The
Complexity Beyond Lex Loci, (2024). Despite legislative reforms and the attempt to modernize
the Hindu legal system, challenges remain in the legal system still casting discrimination towards
gender equality. Id. There are still debates going on about further reforms to make Hindu law
more equitable and inclusive. Id.
Solution
As a person who deals daily with justice-involved individuals, the one thing that I would suggest
when it comes to the SAFE-T Act is that judges not be so lenient on the state’s burden of proof
when deciding to detain an individual or release them. Currently, the state’s attorney has to prove
with clear and concise evidence that the individual being charged creates a danger to himself or
the community at large. I had an individual on my supervision caseload that had committed eight
crimes of theft before he was finally detained. I also had another individual that had several
domestic battery cases that were continually released because the judge did not think the state’s
attorney proved enough burden of proof. The criminal justice system needs to be less of a
revolving door and more of a, for lack of better words, “mess around and find out” legal system.
There is no fear of being arrested anymore because of the SAFE-T Act. That is a huge problem.
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