Criminal Justice System
The judiciary of the United States is created as a co-equal branch of government under the United States Constitution, along with the executive and legislative branches. It is the judiciary that oversees the country's criminal justice system of courts.
The court system in the United States is a holdover from its colonial days and closely follows system laid out by English Common Law. This has given rise to the adversarial court system today, where two sides -- the plaintiff and defendant -- argue their cases in front of an impartial judge and a jury of their peers (Neubauer 2001).
Most criminal cases are jury trials. A jury is charged with determining the facts of the case, as argued by prosecutors who represent the state and the lawyers representing the defendant. The presiding determines and interprets the law in relation to the case (Rabe 2001).
Beginning of a trial
Depending on the state laws, a district attorney or a specially convened grand jury will decide if there a case has enough merit. The first formal step of a criminal proceeding, the plaintiff filed a case in front of a district or trial court (Rabe 2001).
Both the defense and prosecuting lawyers are then given time to make "discovery requests," based on the rules in their jurisdictions. This allows both sides of the criminal case to gather facts and evidence that will be used for the case. In one of the final steps before a trial starts, the prosecutors and defense lawyers both select the members of a jury (Rabe 2001). The selection process allows both sides...
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