Judicial Process
The 6th Amendment Confrontation Clause exists to protect the right of a defendant to confront those who are testifying against him or her. This means that the defendant has the right to face those making the accusations in a court of law (evolutuionary War and Beyond, 2011). There are two main purposes to the Confrontation Clause. The defendant receives protection from statements made outside the court that can be used against him or her, where there is no opportunity to test or challenge these statements. The second purpose is that the Clause provides the defendant the opportunity to determine the truth of the statements against him or her by means of cross-examination.

In this way, the defendant is also protected from hearsay, where a statement is alleged to have been heard outside of the court, without any witnesses to verify it. In my understanding, this clause therefore means that a….

The district appeals court does not hear a case in its entritiy, rather the justices review the case file and lawyer's arguments and hear a short in-person argument to ask questions and make a decision. This appeal is an appeal by right according to the Constitution, and anyone who appeals to their district's court of appeals will have their case reviewed. Here, the appeals courts in all five cases, still held in favor of the state's right to segregate.
The final step that a case can take after losing at the appeals level is the Supreme Court. In order to be heard by the Supreme Court, the NAACP filed a writ of certiorari, combining the five appealed cases from different districts and requesting that the Supreme Court review them as one large class action. The Supreme Court granted the review and the lawyers argued their case before the Supreme court.….

Third, the degree to which the suspect is confronted with apparent evidence of guilt; this means that it is impermissible to confront the suspect with the evidence to suggest that there is no point in refusing to confess. Fourth, whether the suspect is advised and made aware that he or she may freely terminate the conversation and/or request to be represented by legal counsel; this means that the voluntariness element of confessions applies throughout the entire process and not just to the initial agreement to talk to police.
Eighth Amendment Protections against Excessive Bail

The purpose of bail is to guarantee that criminal defendants formally charged with a crime will appear for their court date. Generally, bail is determined according to the level of severity of the crime involved and the degree of risk of flight that the defendant represents. Bail is not necessarily always required and is within the discretion….

Another example of an exception to the Miranda ule concerns surreptitious questioning as in the case of Illinois v. Perkins (1990) (2003). In this case it was decided that a criminal suspect's 5th Amendment rights are not being violated if a suspect is speaking with an undercover police officer and incriminating information is given to the undercover police (2003). Essentially speaking, Miranda ights are not necessary when a criminal suspect is not aware that he or she is talking to a law enforcement officer (2003).
These five exceptions help to erode the Miranda uling in several different ways. First of all, the Miranda ules were created to protect people -- essentially from themselves. In Moran v. Burbine, the exception is harmful because if a person waives his right to a lawyer but then receives counsel that he should remain silent, law enforcement has a duty to uphold this individual's civil….

judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various stages are handled and the possibilities of all the outcomes examined. The paper is chronologically organized in order to provide an analysis of how the constitutional protection for the defendant operates at the various stages of the proceedings. We then conclude by giving the reasons as to the suitability of the system in dealing with the criminal prosecutions and the possible improvements that should be made to the system.
The judicial process is one of the fundamental ones for the process of ensuring that justice is served in our society. It is important for it to be transparent and just so that the victims get their justice, the defendants….

jurisdiction occurs when a case is being heard for the first time. Appellate jurisdiction occurs with cases that are appealed to a superior court. General jurisdiction is held by courts with no limit on the types of cases that can be heard - whether these be criminal or civil. pecial jurisdiction is held only over specialized cases.
The federal court system consists of a variety of different hierarchies in which different courts may function in their various ways. The upreme Court is at the highest point of the federal judiciary. The two levels of federal courts under the upreme Court are trial courts and appellate courts. Each court has its own jurisdiction over various cases. District courts are the trail courts of the federal system and hear the most cases, in both civil and criminal cases. Appellate courts hear appeals, while only the most specialized and difficult cases are referred….

Sentencing Philosophies
The four sentencing philosophies of the American Criminal Justice System are retribution, deterrence, rehabilitation and incapacitation. Each is grounded in a set of beliefs that address the relationship between the severity of a crime and the purpose of the sentence. Retribution is based on the belief that the sentence should be imposed according to the severity of the crime committed. A common expression used to describe this philosophy is, "an eye for an eye." According to this philosophy, no other circumstances, such as the influence of a psychological illness, are considered in the sentencing. Deterrence is based on the belief that fear of further punishment will deter the offender and other potential offenders from committing the crime. Prison sentences, or a heavy fine, are examples of sentences that apply to this philosophy, which is essentially grounded in fear. Rehabilitation believes that fixing the causes of the offense, that is….

9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.
Week 5: Discussion

In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The best legal….

Judicial independence is vital to a healthy society. Agree or disagree and discuss with particular reference to the judiciary system in Australia.
I agree with this statement. The reason why is because history is full of examples showing how judicial independence improves the overall amounts of: transparency and personal freedoms in society. This is because, an independent judiciary is providing a way of giving ordinary citizens the ability have their issues addressed. Once this takes place, it means that the rule of law can begin to function effectively, due to the fact that everyone feels that they will be treated fairly by the court system.

In those nations where the judiciary is often run by the government itself, this means that the citizens have less personal freedom. The reason why is because, the close relationship between these branches will give one more dominance over the others. Once this takes place, it means….

Judicial Appointments
Bush's Judicial Appointments

An Examination of President George W. Bush's Judicial Appointments

During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court judges, and 261 Federal District Court judges. Judicial appointments can be one of a president's longest lasting legacies. The people President Bush named to the judiciary will be making decisions and affecting policy long after he leaves office. Courts today, especially the Supreme Court and appeals courts, make policy that has just as much of an impact on Americans' lives as do the laws that Congress passes. President Bush recognized this fact and took his power to appoint judges very seriously.

According to Christopher Miles (2010) it is hard to know exactly how the nomination process worked in the White House because those involved in the process have remained relatively silent; however some details have come to light. In the Bush administration,….

Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.
orks Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National

Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.

National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.

Linder, Doug. "Judicial review." Exploring Constitutional Conflicts. 2004. University of….

Judicial Appointments
Constitution

Qualifications for the U.S. Senate, U.S. House of epresentatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment

Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of epresentatives, as a Senator, and as President of the United States? How do those respective qualifications differ?

Article One, section 2, clause 2 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. House of epresentatives: No Person shall be a epresentative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article One, section 3, clause 3 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. Senate: No Person shall….

Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the meaning, history and importance of the constitutional concept of "due process" as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. A brief discussion analyzing the conflicting positions of Justices Hugo Black and Felix Frankfurter with respect to the incorporation of American citizens' rights under the due process clause of the Fourteenth Amendment, and how these Justices' positions helped develop the concept of due process is followed by a summary of the research and important findings concerning due process in the conclusion.
.eview and Discussion

According to Black's Law Dictionary, "due process of law" means "an….

Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Intelligence and Judiciary Committees) has demanded - and in part received - access to internal documents on the wiretapping program. "That access could ultimately help persuade skeptical lawmakers in the House, which so far has rejected the immunity idea, to sign on to the hite House's Plan" (Lichtblau 2008) according to the New York Times.
Indeed the Senate in January 2008 gave immunity for the phone companies that helped the NSA tap phones secretly, which means Verizon, at&T, et al., cannot be sued for assisting the Bush Administration with its warrantless wiretapping program (there are over 40 lawsuits pending over the phone companies' roles in the wiretapping). So here is a case….

Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.

Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will get suppressed….