Overview of the Civil Justice System and Its Administration
Since the creation of the United States Constitution, there has been a clear distinction between the three branches of government. The third branch, the Judiciary, exists for two purposes: to determine justice according to the current laws and policies and to eliminate any legislation that is in violation of the Constitution. As with the other two branches, the Supreme Court has experienced many reforms over the years. In the 1870's, it was decided to increase the number of justices on the court from seven to nine. This number has remained the same since. Additionally, the Supreme Court has gained greater power over their discretion to decide upon which cases will be heard. However, the key principle that the Supreme Court has stood for over the years was judicial independence, or the court's ability to make decisions based upon justice…… [Read More]
offices in the judicial system, e.g. prosecutor, private attorney, public defender, and comparatively discuss the origin, development, behavior and relatedness of each to the other person would be considered till such a time, innocent of a crime, in the U.S. judicial system when he or she would be proved found guilty in a court of law by a jury of peers or common citizens. On the functioning of the U.S. court system, we find that the important elements of a democratic society would be the presumption of innocence and a just and speedy trial by the jury. The framers of the U.S. constitution in 1787 established the judicial branch of government. This involves the administration of justice at each and every level. This would include administering justice on the basis of separation of powers to the local justice of peace and the magistrates and starting from the U.S. Supreme Court.…… [Read More]
United States judicial system has honored the policy that children and adults do not have the same psychological and emotional capacities and should therefore be treated differently when tried for a crime. With the exception of extremely malicious acts performed by juveniles, the court system has separated juveniles from adults in trials.
Recently, mechanisms allowing juveniles to be tried as adults have become more widely used. Judicial waiver involves a juvenile court judge transferring an adolescent to criminal court based on, among other things, the seriousness of the crime, the offender's history, and the chances of the offender repeating his or her acts. Direct file policies allow the prosecutor to decide whether to file charges against a juvenile offender in criminal or juvenile court. Lastly, under statutory exclusion, certain categories of juveniles are automatically tried in adult criminal court. This is usually determined by an individual's age and the seriousness…… [Read More]
Unfairness in the American Judicial System
The objective of this study is to examine unfairness in the American Judicial System. Toward this end, this study will conduct a review of the literature in this area of inquiry that is academic and professional peer-reviewed literature.
There is an existing myth in today's American society that the American Judicial System is 'fair'. However; the belief of this myth is due to societal conditioning and traditionally held beliefs about the American Judicial System and is not based on the reality of today's American Judicial System and its practices, principles, and processes.
There is presently a high level of unfairness in the American Judicial System evidenced by diverse sentencing guidelines and laws and by the mass incarceration of individuals from vulnerable poverty stricken communities and specifically mass incarceration of those of a minority race and those who have committed drug offenses highlights the present…… [Read More]
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,…… [Read More]
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.
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…… [Read More]
If Chief Justice Hughes and his five aged associates had chosen to remain, the membership of the court would have been enlarged from nine to fifteen" (Pusey 1995).
A small group of constitutional lawyers advised Roosevelt in the construction of the bill, assuring him that the Democratic majority in both Houses of Congress would pass it. hen Roosevelt introduced the bill, Roosevelt used the euphemism of judicial 'reform' rather than said it was an attempt to circumvent the recent rulings of the Supreme Court. He framed his plan as a way of relieving the pressures of overcrowded court dockets. However, some of the phrases he used made his feelings clear, namely his reference to the problems of lifetime appointments, or "aged or infirm judges," (Menaker 2008).
hen he spoke of justices of advanced ages, the President was obviously speaking of his opponents on the Court, the so-called anti-government Four Horsemen…… [Read More]
System of Checks and Balances
The concept of Separation of Powers and Checks and Balances is more or less the same thing. Both of these ideas were introduced into the government to ensure that one branch of the government does not have all the power. Another reason it was introduced was so that the responsibilities and duties are distributed among different areas to ensure that the government is doing its job perfectly. Separation of Powers is basically a model of government in which various parts of the government have different tasks. The three different branches of the United States government are Executive, Legislative and Judicial. Before we get into the history of separation of powers, it is only necessary to tell which branch is in charge of what activities.
The legislative branch is basically the Congress and its major responsibility is to approve acts and make them into laws.…… [Read More]
Judicial Interpretation Theory
Judges draft no legislation, but they create law nevertheless, through their powers of judicial interpretation. Judges determine the outcome of particular cases by interpreting the meaning of a single phrase, and sometimes, a single word within the applicable statute. By creating legal precedents, jurists sometimes decide entire lines of future cases merely by how they choose to interpret a single word, or to resolve a singe apparent ambiguity in the language of a statute.
American judges have developed numerous "canons" of jurisprudence that are supposed to operate as rules against arbitrary interpretation, such as:
The expression of one thing constitutes the exclusion of others."
Statutes that change the common law must be strictly construed."
Penal statutes must be construed narrowly to protect the accused."
Legislative intent in penal law must be found in the language actually used in the statutes."(Carter p.67)
egardless of any rules or principles…… [Read More]
In 1993 there were 155,704 recorded crimes of burglary and of these 20,200 were residential burglaries. Since the mid-1970s the level of recorded burglaries has fluctuated around a level of 130,000 to 150,000 crimes per year although during the three last years, 1991 to 1993, the level has been close to 155,000. The number of recorded car thefts in 1993 was 61,141 and of these 18,300 were attempts. During the 1980s the number of recorded thefts of cars has doubled from 34,301 in 1980 to 69,003 in 1989. However, in the last three years this crime has decreased from roughly 70,000 in 1991 to roughly 61,000 in 1993.
Drug offenses. In 1993, 40,700 violations of the Narcotic Drugs Act were reported to the police. This figure is 40% higher than in 1990. Due to the method of counting drug offenses and the fact that this is a crime category highly…… [Read More]
The district courts hear cases first, if the case is of federal jurisdiction. If a party decides to appeal a ruling, it goes to an appellate court. The appellate court will not hear a case that has not already passed through the district court. Moreover, when it does hear a case it does not re-try the case on its merits, but merely seeks to see if there was an error in the rule of law in the district court's hearing of and decision on the case. The Supreme Court is also an appellate court, but instead of the case being heard by one judge, the case is heard by all of the Supreme Court justices. They each vote on the issue, with majority rule guiding the decision. This stands in stark contrast to the other courts, which function with one judge
The Supreme Court is also different from the other…… [Read More]
The Constitution is based on several key principals the most notable would include: separation of powers as well as checks and balances. Separation of powers is when there are clearly defined powers that are given to the various branches of: the government, the federal government and the states. Checks and balances is when one branch of the government will have the power to the check the authority of another branch. (Wood) for example, the Constitution would specifically spell out various powers of the executive branch. During the course of exercising these different powers, a citizen brings a lawsuit against the government in the judicial branch. Where, they claim that the actions that the executive branch is taking are unconstitutional. In this particular case, the executive branch would work off of the powers given to them in the Constitution. When they begin to overstep these boundaries, another branch of the government…… [Read More]
Criminal Justice System
Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee for appeal and fundamental rights protecting the citizens in both the nations. The Dependant Variables hence comprise of use of force and even firearms against those in detention and secondly custodial executions and deaths.
Defining extrajudicial executions and deaths in detentions:
Extra judicial killing is the act of execution or subjecting an under trial to violent acts that may result in death of the person. Such uses of force or acts of violence precede, supersede or bypass any due judicial…… [Read More]
ush's presidential judicial appointments Web. Students read ush's appointments assess President made judicial appointments. Use http://www.usatoday./news/washington/2008-03-13-judges_N.
ush's judicial appointments
There is much controversy concerning the George W. ush Presidential administration and the judicial appointments it performed throughout its two terms. ush's inauguration influenced a great deal of people to express fear with regard to how the new President would mainly focus on nominating conservative jurists. ush apparently wanted to adopt a similar attitude to Reagan and even though he made fewer judicial appointments, he concentrated on appointing conservative jurists to lifetime posts, thus meaning that his actions would reflect on the American judicial system for decades consequent to his administration.
ush's nomination of John G. Roberts Jr. was an effective move from the President, as he chose someone whom he knew Senate was likely to confirm. Furthermore, ush intended to have power over the judiciary long after the end of…… [Read More]
S. COUT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)."
The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their life unless they choose to step down. A majority is not needed to win a Supreme Court hearing request. If four of the nine think the case brought before them is worth hearing then the case will be heard.
Below is a list of the typical types of cases that may be heard by a state court. http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm
Cases involving the state constitution -- Cases involving the interpretation of a state constitution.
State criminal offenses -- Crimes defined and/or punished by the state constitution or applicable state statute. Most crimes are state criminal offenses. They include offenses such as murder, theft, breaking and entering, and destruction of property.
Tort and personal injury law -- Civil…… [Read More]
Bush's Judicial Appointments
At the onset of the framing of the American Constitution, there was considerable desire to change the manner in which the Kings of Europe had the prerogative to appoint, demote, or fire members of the Judicial branches on a whim. They believed that, at least when it came to the appointment of Supreme Court Justices, there would be less politization involved, a way to limit executive power, and allow Judges to feel less partisan in their approach to policy. The original purpose for appointing the Judges for life, then, was so that regardless of the current administration's views or leanings, the Judges would be able to interpret the Constitution based on their legal views, not the views of the current President or staff. This keeps the High Court relatively stable so that there are not swings every four years in liberal or conservative interpretations (McCloskey and Levinson,…… [Read More]
U.S. Justice System vs. India's Justice System
This paper compares the system of justice in India with the system of justice in the United States. Although they are both democracies -- in fact India is the biggest democratic country in the world -- the two countries are quite different in their approach to formal justice. Moreover, the system of justice in India has been the subject of a great deal of criticism in recent years due to the corruption that has been found in the system.
Comparing the U.S. And Indian Justice Systems
The legal system in India is backed by the Indian Constitution and is a mix of "adversarial and accusatorial," according to the Loyola University in Chicago (LU). There is an attempt to respect both Hindu and Muslim jurisprudence and to "preserve the timeworn tenets of both" (LU). In rural areas of India, an informal system of justice…… [Read More]
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…… [Read More]
The Da Costa ruling, however, determined that any ruling of the European Court of Justice must necessarily apply to all national courts when interpreting Community Law (Craig 2001). In this way, the law is guaranteed to be applied evenly in and in the same manner in all member nation courts when deciding Community Law issues, whereas prior to this ruling differing interpretations of the same facets of Community Law could be applied to the same issue.
It is important to note that this ruling does not affect the various national courts of the member nations of the European Union when interpreting national law, and in fact the European Union and its various courts, including the European Court of Justice, have no sway over such interpretations, as the European Union is not a true federal entity (Craig 2001). In this way, while ensuring the equitable interpretation of Community Law in all…… [Read More]
Reform from within the EU does not seem possible, either. It is so structured as to prevent changes in member states' minority status and other modifications from becoming attainable. Attempts by any government to amend the Community laws are considered doomed to failure, because Parliament has almost no part in European law-making (Andrews).
Common and civil law systems are inherently opposed, although their shared goal is to conduct a just, speedy and most inexpensive settling of conflicts (Messitte 1999). American courts have increasingly acknowledged the need to continuously evaluate and modify their processes and altogether improve the quality of justice. Efforts cover many other aspects of court activity, ranging from dispute resolution mechanisms, such as arbitration and mediation, to procedures, such as default and summary judgment used I the early stage of a trial without needing to proceed to a formal trial (Messitte).
Jury trial has disappeared in the…… [Read More]
For instance, in the eyes of the courts, an offense's level could be equated to the guideline for the seriousness of a crime. The next aspect of the scorecard was the offender's personal or associative criminal history. Prior offenses dictated a level of conviction frequencies and social offenses. Therefore the personal criminal history of an individual ends up playing a major role in the sentencing guidelines. A person's propensity to repeat offences entails longer sentences. The person that had a history of repeat offenses offered a greater threat and therefore was often thought to be more dangerous to society. but, how does the justice system maintain a culprit's history without an ability to utilize integrated processes?
This is a prime example of where justice information systems integration could have far reaching implications. In regard to sentencing, first time offenders in one community may not have been labeled as serial offenders…… [Read More]
Correction System in the United States
The objective of this brief study is to examine the correctional system in the United States. This system was historically a state-owned and government-operated institution however, in recent years the prison system in the United States has become privatized and this has created a new paradigm in terms of housing prisoners under the present judicial system's orders.
If It Is roken
The prison system received a wake-up call in the Spring of 2011 due to a ruling by the U.S. Supreme Court that the California prison system was required to reduce the inmates in its overcrowded prison system by 30,000 individuals. The court ruled that the California state's system was "incompatible with the concept of human dignity." (Thomas and eckel, 2011) The United States is reported to have roughly 2 million individuals incarcerated in local, state, and federal jails or prisons, which equals "the…… [Read More]
Postmodern and Family System Theory Approach
There have been significant interest in research on the problems of addiction; hence, the many scientific studies on the issue. Many of the studies in this area end up with the same conclusions; the concept of addiction is complicated. The complexity partly arises from the effect it has on the drug abuser from different perspectives such as psychological, social, biological, and the impacts of addiction on social law, economics and politics. On the other hand, psychologists perceive drug addiction as a disease. From a religious worldview, addiction is a sin. Therefore, it is possible to view addiction from a medical, behavioral, and spiritual angle. As stated, the concept of addiction is complex, and there are many definitions of addiction reflecting the complexity of the phenomenon (Sremac, 2010).
Notably, all the definitions of addiction portray a negative judgment on addiction, but owing to…… [Read More]
Punishment in the U.S. Correctional System
IN ITS RIGHTFUL PLACE AND FORM
Punishment in the U.S. Corrections System
Objectives of Punishment
These are to punish the offender, to protect the population from him or her, and to rehabilitate him or her (eNotes, 2013; Law Link, 2003). The first goal of punishment is theoretically intended to discourage or deter a repeat of the offense and a demonstration of why it should be avoided. The most common example of punishment is incarceration. Others are the death penalty and lesser penalties, such as probation. The second goal of the correctional system next to punishing the offender is to insure the protection of society from criminals. This is carried out by policing the streets and separating criminals through imprisonment to prevent them from repeating or performing more crimes. And the third objective is the rehabilitation of the offender so that he or she can…… [Read More]
For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]
British Parliamentary System of Government with the United States Federal System of Government
The British Parliamentary system of government is one of the oldest political systems in the world that has evolved over a period of centuries. The British model has influenced the system of governments in many countries of the world including the United States. On the other hand, the U.S. system of government is a Federal system that came into existence when the United States (the former American colonies) rebelled against British rule and declared its independence in the latter part of the eighteenth century, followed by the adoption of its own constitution in 1787. Although having some similarities with the British System of government, the U.S. system of government is unique in several aspects, having its own characteristics. In this paper we shall look at some key features of the two systems of government and compare and…… [Read More]
ethnicity influences courtroom proceedings and judicial practices.
The law making against racial discrimination has reduced the intensity of ethnical influences on courtroom proceedings yet the judicial practices are not free from the impurities of racist impact. Some ethnic backgrounds offer less educational facilities due to poverty that leads to criminal activities. Thus these ethnic groups are more involved in criminal judicial practices than the others. The minds of police are often convinced that there are more tendencies towards crime in one ethnic group than the other. The biased police as well as justice behavior towards an ethnic group influences the court room proceedings and may result into unfair decisions. Muslims are for example considered extremists mainly after the events of 9/11 thus they are judged more critically than the others in court room proceedings. Katherine (2007) believes that despite liberal era of 21st century, the judicial system could not uproot…… [Read More]
American and Afghan justice systems.
A criminal justice framework denotes the collection of processes and organizations instituted by the governments of countries for controlling crime as well as levying punishment on lawbreakers. America doesn't have any single system of criminal justice; rather, it possesses several similar, independent systems. The working of individual area's criminal justice structure is dependent on what jurisdiction governs the place: military rule, or federal, state, county, tribal, or city government (The Criminal Justice System, n.d). Laws vary with jurisdiction, as do law enforcement agencies and techniques of handling process of criminal justice. The key systems are as follows:
Federal: This system deals with crime perpetrated in two or more states, or on any federal property.
State: These systems deal with crime perpetrated within the boundaries of individual states.
As regards judicial systems or judicial review, most Afghan nations continue to have very less,…… [Read More]
In his joint aticle with Oleg Sminov, "Dift, Daft, o Dag: How the Supemes React to New Membes," Smith takes an even close look at the Supeme Cout and the histoy of its political (o intepetive) makeup. Specifically, these authos find that the Cout counte-balances changes to its ideological makeup though the addition of new membes by changes in the oveall intepetative stances of opposing justices -- the addition of moe libeal justices esults in consevative justices becoming moe consevative, and the addition of consevative justices leads to moe libeal thinking on the pat of libeal justices. This view sees the Supeme Cout and couts in geneal as an essentially political body, just like any othe political body at wok in the fedeal govenment o at othe levels of govenment within any given society, whethe past o pesent.
A Mediation of Theoies and Pactice
Though the thee theoies biefly descibed…… [Read More]
Canadian criminal justice system corrections
The Canadian justice system
Since the last decade, there's been a huge hue and cry pertaining unjust convictions and its disastrous consequences. As in the case of Canada, there have been numerous high profile cases which concluded with unjust verdicts, putting the Canadian justice system and its judicial process in question. Even though, the media's attention has increased on this matter, academic literature on the issue is razor-thin in case of Canada (Denov & Campbell, 2005). The media's coverage of crimes and criminal justice is now excessively given coverage during the last decade, since it's a form of entertainment and news. Criminal justice and crime have emerged as a viable form of entertainment across the media spectrum. In case of TV shows, depictions of criminal justice and crime are observed in courtroom TV seasons as well as daily talk's shows.
Popular culture and criminal courts…… [Read More]
eforming the Juvenile Justice System: In Search of Justice and Accountability
While the overall crime rate has steadily decreased over the last decade throughout the country, there is one segment of crime that has been increasing: criminal offences committed by juveniles (National Criminal Justice eference Service: 2002). In the last 15 years, according to the Federal Bureau of Investigation, the incidence of criminal offences committed by juveniles (under the age of 15) increased 94%. While a number of these juveniles were convicted of committing petty crimes such as vandalism and theft, there has been a significant increase in the number of serious juvenile offences such as robberies, weapons offences, assaults, and murders. However, there is something that is not quantitatively measured in these crime statistics -- the increasing brutality and ruthlessness of the crimes committed by juvenile offenders. Over the last two decades, we have seen an increasing string of…… [Read More]
Research Question and Introduction Development
Topic: Safeguarding the criminal justice system from wrongful convictions through an efficient innocence program
Research Question: What aspects of the innocence program need improvement, and in what ways, in order to guard the judicial system from wrongful convictions? (Rossi, Lipsey & Freeman, 2004)
Wrongful conviction is an abuse of justice. It entails the sentencing and subsequent punishment of someone for crimes they never committed (Huff & Killias, 2013). Wrongful convictions can happen in civil and criminal cases alike. Many criminal justice processes have been tailored to overcome this possibility and overturn such erroneous judicial decisions. It is quite difficult to achieve this, however, due to fundamental challenges in the judicial system. Wrongful convictions may take years or decades to overturn. In some instances the discovery of innocence happens after a person has already served their time in prison, after they are dead or after…… [Read More]
Dangers of Overcrowding in American Correctional System
There are several central governments, state and local authority's correctional facilities in the United States. Over the past few decades, the rate of crime occurrence has significantly increased. Also, the correctional facilities have experienced growth in population. There are a huge number of inmates in the various correctional facilities as compared to those in 1990's. For instance, the ureau of Justice Statistics found the number of prisoners at 665,000 across the country; this is a 159% increase from the jail population of 1985. The correctional facilities have, suffered several setbacks due to the increase in the population.
The capacities of the correctional facilities in the United States are not sufficient to hold the large population of inmates; research from the report released in 2002 indicate that the facilities operate at 108% capacity from the 85% capacity held in 1983. This has made the…… [Read More]
Kill a Mockingbird
A Textual Analysis of the Character Development within this Short Story
The short story by Harper Lee, "To Kill a Mockingbird," is an illustration of how people viewed the various stereotypical traits, which are deeply ingrained in the culture and associated with the various demographics that were present in the South during the period in which the story was set. The 1930s in the South was a period in the United States that most people cannot fully envision due to the fact that there have been many systemic changes in the country's culture. However, despite many drastic differences that are present in the contemporary period relative to the story's setting, on the other hand there are also many similarities that continue to persist until this day. For example, one of the primary themes in the story centers upon a sense of racial injustice that was present in…… [Read More]
In the older forms, people could live and work in relative independence if they disengaged from politics. Under a modern totalitarian government, people are completely and utterly dependent on, and submissive to, the rule and whims of a political party and its leaders. Older forms of such a government ruled by divine right, while the modern totalitarian state is ruled and run by a dictator who controls a political party. Examples of totalitarian governments are Germany under Adolph Hitler, the U.S.S.R. particularly under Joseph Stalin, the People's Republic of China under Mao Tse Tung, Italy under enito Mussolini and Iraq under Saddan Hussein. The ruling party is the elite and the whole society is subjugated to a hierarchical order wherein an individual becomes responsible to another of a higher position of authority. All social groupings are either destroyed or subjected to the purposes of the ruling party and the state.…… [Read More]
Why have so many jurisdictions turned to forms of ADR to supplement the judicial process?
Alternative dispute resolution (ADR) is a procedure of dispute resolution that functions as a means of utilizing an external party for settling disagreements between two different parties. In the contemporary, ADR has come to be extensive and espoused by numerous states and expanses in the United States. Notably, in recent times, a number of courts have necessitated that a number of parties employ ADR to settle the presented cases. In the event that the process of mediation of alternative dispute resolution fails to come to an amicable agreement, then the case in question for the parties can be undertaken in court. Owing to the progressively more caseload of customary or old-fashioned courts of law, ADR has attained admiration and approval. This is for the reason that ADR encompasses less expenses, provides privacy, and it also…… [Read More]
Obtaining a warrant to take blood sample of a person suspected of drunk driving but has refused to take breath test takes longer time and undermines the essence of time in this process. The Chief Justice John G. oberts Jr. together with other judges; however, expressed discomfort with what they termed government sanctioned bodily intrusions using sharp needles (Liptak, 2013).
Missouri prosecutors' petition was occasioned by a case where one Tyler G. McNeely was pulled over for speeding on a highway. Tyler, according to the Supreme Court, had the telltale signs of intoxication (Liptak, 2013). He had bloodshot eyes, slurred speech, and had the smell of alcohol in his breath. Besides, his performance in field sobriety test was poor. Tyler was adamant about taking breath test. He did not consent to taking blood test either. A blood test was nevertheless taken and the results showed that the blood alcohol level…… [Read More]
The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the…… [Read More]
Criminal Justice System
After heavy bombardment on London by fighter plans of Germany in Second World War, someone asked Winston Churchill that would ritain live long! Churchill replied immediately that if our courts are providing justice then there is no question about existence of ritain, which they are. Similarly, in World War 1 and World War 2 where Jews were brutally killed by Nazis then some of the Jews got refuge in America. Americans do not have discrimination for any community at that time and famous scientist Einstein was one of them, which proved its worth. Provision of justice for every community is very important for any society, so it is for ritain. From last few years' lot of questions have been raised on criminal Judiciary system in ritain.
Shami chakrabarti (Director of liberty) says
efore you decide whether the system is fit for purpose, you have to decide what…… [Read More]
Judicial discretion enables judges to make sentencing decisions within specific statutory limits. As with prosecutorial discretion, judicial discretion is built into the system as a means of enabling flexibility, accounting for special circumstances and rapidly shifting norms, and also increasing efficiency. Although judicial discretion has been widely and voraciously accused of fostering racial disparities, it has also been presented as the means to reduce sentencing disparities and promote justice (Bunin, 2009).
Federal sentencing guidelines provide the structure and limitations of judicial discretion. The Sentencing eform Act of 1984 followed on the heels of similar legislation, and heavily restricted judicial discretion in federal sentencing. The pendulum swung in 2005, when the Supreme Court decided United States v. Booker, 543 U.S. 220. In United Stats v. Booker, the court ruled that federal sentencing guidelines are to be guidelines only and not mandatory. The post-Booker environment enables judges to account for situational and…… [Read More]
The United Kingdom and Ireland have both enjoyed geographic separation from the continent of Europe, enabling both to develop unique political cultures and institutions. Ireland has been even more removed from the fray, having never been part of the Roman Empire, and systematically resistant to the same invasions that affected England throughout much of their respective histories. However, the proximity between Ireland and England—and later the United Kingdom—has caused the two countries to be “intertwined politically, economically, and culturally for over 800 years,” (The Republic and Politics of the Republic of Ireland 5). British hegemony has generally meant that Irish identity has been largely oppositional in nature. Divergent trends have emerged in the political cultures and institutions of the United Kingdom and Ireland, especially with regards to the relatively power of the Church. Ireland’s political structures, institutions, and cultures have been inevitably influenced by the British system, but the Catholic…… [Read More]
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…… [Read More]
b. Civil -- Civil cases involve disputes between two parties. In these cases the person or entity who files the suit (the plaintiff) claims that the other person or entity (the defendant) has failed to fulfill a legal obligation to the plaintiff. The plaintiff may request the court to require the defendant to either fulfill the obligation or make monetary restitution.
III. Federal Court System
a. Jurisdiction -- The jurisdiction of federal courts is limited to what is provided in the Constitution. Typically, these are cases involving:
i. Cases in which the United States is a party
ii. Cases involving violation of the U.S. Constitution or Federal Laws iii. Cases between citizens of two different states if the amount is greater than $75,000
iv. Bankruptcy, copyright, patent, and maritime law cases.
b. Organization of Federal Court System -- There are three basic levels of the federal court system. These are…… [Read More]
esearch also showed that offenders tend to be part of or return to communities with high concentrations of offenders. The concentration of offenders in these neighborhoods affects the community negatively by increasing the stigma associated with the community and also saddling the community with additional problems without providing added resources needed for restoring or maintaining order. The ultimate consequence is the that the criminal justice system destabilizes informal networks of social control and increases poor attitudes towards formal social controls, both of which have been shown to contribute to increases in crime and disorder in the communities. Churning results in unnecessary pressure being put on the other residents of the communities who are law-abiding in disadvantaged communities. The removal of men from the community through incarceration has the chilling effect of changing the family's socio-economic structure. The families of incarcerated members, especially men, of the community also face stigma and…… [Read More]
legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually handled in state courts. The state courts in Wisconsin are not allowed to hear cases where the United States is a defendant or where a matter regarding a federal statute is involved. The jurisdiction of the federal courts is highly limited. For the most part, federal courts may only hear cases where the United States is a party, where there is an alleged violation of the U.S. Constitution or federal statute, cases between citizens of differing states where the amount in controversy exceeds $75,000, and all cases involving bankruptcy, copyright, patent, and most maritime law cases. In a few…… [Read More]
(estructuring California's School Finance System) The requirement of funds that the schools necessitate is also a matter of controversy attracting the attention of courts in California. The ACLU filed a writ petition of Williams et al. Vs. State of California et al. emphasizing that the state fails to meet the obligations in providing all students with basic educational necessities.
The local school districts appearing the law suit of ACLU were charged in the Gov. Davis and the state law suit blaming that the accountability goes to the school authorities rather than the state with regard to adequate provisions. These law suits are seen to have profound impact on the ways the schools are financed in California and the authorities and the ways by which the decisions are affected to. (School Finance Overview) It is left for consideration of the problems by a newly appointed state commission. The commission among others…… [Read More]
Japanese Correctional System as Compared to the American Corrections System
The Japanese correctional system places a strong emphasis on rehabilitation and preparing the prisoner for being released once again into society. The Japanese correctional system "is intended to resocialize, reform, and rehabilitate offenders" rather than enforce a system of retributive justice along the lines of the American model (Coutsoukis, 2004). This is why most sociologists state that the restorative philosophy of corrections is the predominant approach practiced in Japan, that is, the main aim of the system is to restore the pre-existing social order rather than enact retribution against a particular individual, or even to protect victim's rights, or to punish an offender in a fair manner (Hosoi & Nishimura 1999: 4).
Much like the American system, Japanese prisoners after conviction are classified "according to gender, nationality, kind of penalty, length of sentence, degree of criminality, and state of physical…… [Read More]
English Legal System and the European Courts
The English Legal System is the product of an evolution of a body of laws that has been developed since the 11th century to present day. This body of law includes many organs or institutions that have been mimicked in other nations' legal systems, including the United States. The key legal institutions that make up the English Legal System include Parliament, the Courts, and the Executive institution, which is made up from the largest party in the House of Commons. (Gillespie, A., 2010) These three individual organs of the legal system are balanced against each other, similar to the way that the Judicial, Executive, and Legislative branches are in U.S. law. However, in the English Legal System, the Parliament wields the legislative power under an unwritten British Constitution. Also, the British did not believe in complete separation of powers like the framers of…… [Read More]
Gender Bias in the U.S. Court System
Statistics regarding male and female criminality
Types of cases involving women and men
Sentencing guidelines for judges imposed to diminish disparities
Feminists say women should get less jail time
Number of women vs. men arrested
omen committing misdemeanors get little or no jail time
Death penalty cases
10% of murder cases are perpetrated by women
Leniency of juries on women defendants
Easier for women to be treated leniently by juries
Sex crimes involving men and women adults vs. teens and children
omen are always given less punishment than men in this area
Reaction of judges towards female defendants
a. Chivalry Theory of women perpetrators
Focal Concerns theory of women perpetrators
In both the Constitution and Declarations of Independence, two of the most important documents in American history, it is promised by the very foundations of the…… [Read More]
In recent times, no court case has attracted as much attention as that of George Zimmerman. In this text, I summarize the most significant facts of the said case and explore the key laws that were violated. Further, amongst other things, I will also summarize the outcome of the case and my opinion on the outcome.
The State of Florida vs. George Zimmerman
The Case in Brief: A Summary of Important Facts
Charged with second-degree murder in one of the most publicized court cases in recent times, George Zimmerman was on 13 July declared a free man after the jury deemed it fit to render a not guilty verdict. The charge in this case stemmed from the shooting to death of an individual by the name Trayvon Martin. Pursuant to the said shooting, the state charged that Zimmerman stalked and shot at Martin who was unarmed at the…… [Read More]
Criminal Justice Agency
The American legal system is very systematic and works amazingly well. It's complicated given its intricacy as its framework is argumentative. The Supreme Court sometimes changes the law as it holds that authority. The Supreme Court decides which laws are to be upheld and which are to be altered. Learning the court system can be a tough ask but not an impossible one. In this research paper, the aim is to break down the American law into layman language. It will start from legal system of U.S. And shift to court systems. Then different kinds of courts will be examined whilst examining their separate duties.
The constitution is responsible for the entire American legal system. The American constitution is the ultimate law on American soil. The public is bound by this American constitution as it shapes their actions accordingly. The American public is answerable under the…… [Read More]
Future ole of the Juvenile Justice System in the United States
Young people are naturally prone to experimentation and impulsive behaviors that frequently result in their involvement with the law enforcement community, and police officers today generally enjoy wide latitude in resolving these incidents. In fact, in some if not most cases, police officers can release young offenders into the custody of their parents or guardians without the further involvement of the criminal justice system. Even when young offenders are arrested, though, the juvenile justice system tends to afford them with more leniency than their adult counterparts, due in part to the view that the role of the juvenile justice system is to rehabilitate rather than punish. These enlightened views of juvenile justice, though, are being replaced with "get-tough-on-crime" approaches in some states, and there remains a paucity of standardized models for states to follow. To gain some fresh insights…… [Read More]
Turkish Legal System
Standing at the crossroads between Asia and Europe, Turkey is currently a strategically important member of the North Atlantic Treaty Organization as well as an associate member and candidate country for full European Union membership (Turkey government, 2016). With a history that dates to antiquity, though, Turkey has experienced numerous foreign invasions over the centuries and, not surprisingly, these numerous foreign influences have also had an effect on the country's legal system. To determine this effect with some precision, this paper reviews the relevant literature to provide a description of the history of the Turkish legal system and its current state. Finally, a summary of the research and important findings about Turkey's legal system are provided in the conclusion.
eview and Discussion
At the turn of the 14th century, Turkey was comprised of semi-autonomous hereditary patriarchal tribes and legal decisions were the responsibility of tribal councils (Fischer,…… [Read More]
Global Criminology: Similarities and Differences Between Adversarial and Inquisitorial Justice Systems
Similarities and Differences between Adversarial and Inquisitorial Justice Systems: Global Criminology
Every country uses fundamental rules and procedures to ensure fairness and justice in its legal system. The effectiveness of any legal system is assessed based on how well it facilitates truth-finding, efficiency, and fairness. This text assesses the effectiveness of adversarial and inquisitorial justice systems to determine which one would be more effective in fighting global crime.
Similarities and Differences between Adversarial and Inquisitorial justice systems
Every country uses fundamental rules and procedures to ensure fairness and justice in its legal system. Based on these rules, a country can be termed as either adversarial or inquisitorial. Experts have given diverse views on the effectiveness of either system in achieving the aims of a country's legal traditions. This insight is crucial for the interpretation of the Constitution, as well…… [Read More]
Origins and Characteristics of the Law and Legal Systems in the U.S.
The Origins and Characteristics of the Law
and Legal Systems in the United States
The origins and characteristics of the law and legal systems of the United States
It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But in order to truly understand the ideas behind these landmark legal documents one must delve deeper into history. What of the texts that influenced America's Founding Fathers? Most may know that the Magna Charta, the English charter from the year 1215, was an influence. But the English weren't the only influential opinion-makers for revolutionary Americans. The Scottish and the French were too. The Scottish Declaration of Arbroath, for example, has been linked by scholars as an…… [Read More]
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…… [Read More]
The courts retooled by a generation of conservative judicial appointments and crazed case law now function as social abettors, in which the poor and the dark skinned are shunted off to a concrete hell with industrial efficiency. Left behind are broken families, more addiction, more disease, more illiteracy, and thus a more docile society" (Parenti, 2001).
There are different changes being made in the system to reflect new and evolving values. For example, recommendations have been made that all police interrogations be video taped, so that juries have access to the process of confession and not just a typed end-product. This way police can ensure the values of integrity in the confession process. The increasing use of DNA testing, where possible, is also a way of helping to ensure that only the guilty are punished and justice is upheld.
The main purpose of police department is to provide services to…… [Read More]
Islamic criminal justice system to the criminal justice Systems of the common Law and the Civil law
Law is implied to hold a fundamental position in the societal system of the western and near eastern regions. Two customary beliefs are present in these "law-centered" societies. The custom of divine revelation is the first one. This has given rise to the Talmudic and Islamic systems of law, among which the importance of Islamic legal system is increasing in many nations. The other is the custom of involvement of the public that gave rise to either Greek and Roman models and consequently the civil law system, or the weird historical happenings in England from which the common law system has emerged. Islamic law is neither a remnant from the history nor a revisit to ancient origins, but somewhat an intricate, multithreaded cluster of thoughts and actions that the Islamic persons shaped and…… [Read More]
The American system of criminal justice and investigations stem from English common law and practice, which advised colonial governments and gave rise to subsequent systems in the United States. In fact, the standing police force that most Americans take for granted did not always exist. Early Americans, like the English before them, were averse to the concept of a government-sponsored standing police force that could at any time be authorized to strip citizens of their rights and liberties. The current method of law enforcement, from apprehension to pre-trial investigations, also owes its roots to the English.
The first professional, paid American police forces started in the early seventeenth centuries: first in Boston in 1631 and about fifteen years later in New Amsterdam. Known initially as watchmen and later as constables, the officers did not enjoy the same level of responsibility or the same role in society as modern…… [Read More]
Government preferable in a Presidential system? Why or why not?
Before it can be considered whether a divided government is preferable in a presidential system, divided government must be defined. A divided government refers to a government, in which the president is a member of one political party, and at least one chamber of Congress, whether the Senate or the House of Representatives, is controlled by the opposite political party. Divided government is a frequent historical occurrence in America, meant to dissuade radical changes in policy and to motivate politicians of both parties to compromise on proposed legislation. Divided government is natural in a presidential democracy, and is preferable to a one-party congress when balance and stability of government is the chief cause for concern, as it was for the founding fathers in the 18th century.
It is normal for presidential systems to become divided governments, particularly in the mid-term…… [Read More]