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 standard to determine whether the Supreme Court should review a case includes the national significance of the case, its precedential value, and the need to create harmony between conflicting decisions.
Week 6: Discussion 1
The U.S. Supreme Court is an important element of the nation's criminal justice system given its original and appellate jurisdiction. Through its original and appellate jurisdiction, the Supreme Court provides precedence which guides the criminal justice system. While local, regional, county, and state customs and practices should be revered, it's essential to have one overarching court interpreting criminal law to help avoid confusion. Therefore, Supreme Court practices can be improved through considering these customs when interpreting criminal law.
The Process after a Criminal Trial
The process of a criminal trial varies somewhat across states because of differences in criminal justice policies. However, most criminal cases or trials follow relatively similar stages until the case is decided or resolved. Generally, a criminal trial is the proceeding during which the plaintiff and defendant present evidence to argue their claims. The main aim of a criminal trial is to determine whether the prosecution or plaintiff can prove beyond reasonable doubt that the defendant committed the crime. As a result, after a criminal trial has been completed, there are two possible outcomes i.e. an acquittal or a conviction based on the law.
Probable Outcomes of a Criminal Trial
A jury or judge determine a criminal case after both sides present their evidence and make closing arguments. Once this is carried out, the judge or jury determines applicable legal standards depending on the criminal charges and evidence presented in the criminal trial (Find Law, n.d.). After jurors receive instructions from the judge regarding the applicable legal standards, they consider the case through a process known as deliberation, which is a process geared towards determining whether the defendant is guilty or innocent. Deliberation is a systematic process that last for a period of between a few hours to several weeks...
It is also argued that the insurance mandate is not constitutional since the government does not have the right to tell the United States citizens what products to purchase, even when these products are beneficial for them, and even less when the socio-economic impact of purchasing the respective items is questionable (Savage, 2009). Arguments against changing the direction of the policy Once again delaying any measures to restructure and resolve the two
Homeland Security / Constitutional Issues Civil Liberties: These are fundamental freedoms interpreted by policymakers and courts over the years or assured by the Constitutional Bill of Rights (Pearcy, 2003-2016). Bill of Rights: This is an official statement of American citizens' fundamental rights, integrated into the U.S. Constitution in the form of ten Amendments, as well as into the constitutions of all states (Bill of rights, n.d.). Thought Police: This denotes a cluster of
Judicial System 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
Court System 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
Nelson -- the decision in which was binding on all lower courts -- was decided in favor of the state law in Minnesota banning same-sex marriages (UMT 2010). Conclusion The issue of the rights of gay, lesbian, and transgendered people are still in a state f flux and some confusion, based on the Supreme Court's rulings on the various matters. On the one hand, there is a legal mandate in place
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
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now