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 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 and justice…...
mlaWorks Cited
Anderson, Seth (2000). Judicial Retention Evaluation Programs. Louisiana Law Review, 34: 1375-1389.
Bakke, H. & Solomon, M. (1989). Case Differentiation: An Approach To Individualized Case Management. Judicature, 73(1): 17-21.
Rios, Celina. Developing a Proposal for Differentiated Case Management for the Family Court of the Eleventh Judicial Circui. Institute for Court Management. Available at http://www.flcourts.org/gen_public/cmplx_lit/bin/reference/Court%20Innovations/ICM_Case_Management.pdf
Winn, Peter (2004). Online Court Records: Balancing Judicial Accountability and Privacy in an Age of Electronic Information. Washington Law Review, 79(1): 307-332.
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…...
mlaWorks Cited
Gorin, Stuart. Overview of the U.S. Judicial System, Issues of Democracy, Vol. 2, No. 4, November 1997, pp.134-136
Feeney, Floyd and Jackson. "Public defenders, assigned counsel, retained counsel: does the type of criminal defence counsel matter?" Rutgers Law Journal 22 (1991) 361-362.
California. "The Role of Arbitration in the Judicial Process" Judicial Council of California Report 29, (1973) p.3
O'Connor, Sandra Day. "Broadening our horizons: why American lawyers must learn about foreign law." The Federal Lawyer Vol 8 (Sept. 1998) p.14.
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…...
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 unfairness in the…...
mlaReferences
Malese, M. (2013) Principles of Justice and Fairness. Original Publication July 2003. Retrieved from: http://www.beyondintractability.org/essay/principles-of-justice
Crossroad on Alliance for Justice (2011) Brennan Center for Justice. Retrieved from: https://www.brennancenter.org/blog/courts-matter-and-so-do-rules-keep-them-fair
Hang, N. (2012) RACE AND THE CRIMINAL JUSTICE SYSTEM: A STUDY OF RACIAL BIAS AND RACIAL INJUSTICE. Retrieved from: http://digitalcommons.calpoly.edu/cgi/viewcontent.cgi?article=1104&context=socssp
Kozy, J. (2011) The American Legal System: A Ball Game Played by Lawyers and Jurists. Global Research. 15 Nov. 2011. Retrieved from: http://www.globalresearch.ca/the-american-legal-system-a-ball-game-played-by-lawyers-and-jurists/27684
Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. illiam A. Fletcher and James E. Pfander wrote a book, Gilbert Law Summaries on Federal Courts, which provides an outline of the federal court system in the U.S. The book provides an outline of Article III courts, the requirement of case or controversy, advisory opinions, and justiciability. In addition, Fletcher & Pfander discuss congressional power over federal court jurisdiction, the jurisdiction of district courts, Supreme Court jurisdiction, and ancillary jurisdiction. Through this outline, the authors also discuss the law applied in federal courts. This paper provides an overview of the federal court system in the United States based on the book by Fletcher and Pfander.History of the Federal Court SystemFletcher &…...
mlaWorks CitedBendor, Ariel L. “Are There Any Limits to Justiciability? The Jurisprudential and Constitutional Controversy in Light of the Israeli and American Experience.” Indiana International & Comparative Law Review, vol. 7, no. 2, 1997, pp. 311–378., Cole , Jared P. “The Political Question Doctrine: Justiciability and the Separation of Powers.” Congressional Research Service, Congressional Research Service, 23 Dec. 2014, https://sgp.fas.org/crs/misc/R43834.pdf . Fletcher, William A. “Congressional Power over the Jurisdiction of Federal Courts: The Meaning of the Word ‘All’ in Article III .” Duke Law Journal, vol. 59, 2010, pp. 929–954. Fletcher, William A., and James E. Pfander. Gilbert Law Summaries on Federal Courts. 5th ed., West Academic Publishing, 2014. Hessick, F. Andrew. “Cases, Controversies, and Diversity.” Northwestern University Law Review, vol. 109, no. 1, 2015, pp. 57–108. Snepp, Frank W. “The Law Applied in the Federal Courts.” Law and Contemporary Problems, vol. 13, no. 1, 1948, pp. 165–181. Thomson Reuters. “Annotation 21 - Article III.” Findlaw for Legal Professionals, Findlaw, 2022, https://constitution.findlaw.com/article3/annotation21.html . https://doi.org/10.18060/17696.
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…...
mlaBibliography
Australia is the 8th Least Corrupt Country. (2009). ABC. Retrieved from: http://www.abc.net.au/news/stories/2009/11/18/2745801.htm '
The Australian Legal System. (2011). Treasury. Retrieved from: http://www.treasury.gov.au/documents/1197/HTML/docshell.asp?URL=Preconditions-03.asp
The Courts. (2011). EMA. Retrieved from: http://www.ema.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_TheCourts
The Duty owed to the Court. (2006). Supreme Court of Victoria. Retrieved from: http://www.supremecourt.vic.gov.au/wps/wcm/connect/justlib/Supreme+Court/resources/3/c/3c87ba8045ff93b8bc85bf3676cca658/Chief+Justice+QLD+Bar+Assoc.pdf
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…...
mlaWorks 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 Website. 2004. Arlington National
Cemetery Website. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.
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 of…...
mlaWorks Cited
Lord, Lewis. "An eagle that didn't take off." U.S. News and World Report.
August 10, 2003. Full text of print article available March 6, 2009 at http://www.usnews.com/usnews/culture/articles/030818/1870thann.htm
Menaker, by Richard G. "FDR's Court-Packing Plan: A Study in Irony." History Now. Issue 15,
April 2008. March 6, 2009 http://www.historynow.org/04_2008/historian4.html
System of Checks and Balances
Power
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. It deals with…...
mlaReferences
Factmonster.com (2007). Checks and Balances | FactMonster.com. [online] Retrieved from: [Accessed: 28 Jul 2013].http://www.factmonster.com/ipka/A0777009.html
Ncsl.org (2005). Separation of Powers -- An Overview. [online] Retrieved from: [Accessed: 28 Jul 2013].http://www.ncsl.org/legislatures-elections/legislatures/separation-of-powers-an-overview.aspx
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 of statutory construction or judicial interpretation, it…...
mlaReferences
Carter, L.H. Reason in Law (1979) Little Brown & Co.
Haskell, P.G. Why Lawyers Behave as They Do (1998) Westview Press
Kutler, S.I. The Supreme Court and The Constitution: Readings in American
Constitutional History (1984) W.W. Norton & Co.
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…...
mlaResources
An Introduction to the Sami Culture" (1996) Retrieved, January 28, at http://boreale.konto.itv.se/samieng.htm
Criminal Matters" Swedish Government Offices Website Retrieved, January 28, at http://www.sweden.gov.se/sb/d/2138/a/14884
Malmstrm, C. "Diversity in the European Context" Retrieved, January 28, at http://www.sweden.gov.se/sb/d/8660/a/82943
Reiter, P.L. (2007), Comparative criminal justice systems. Upper Saddle River, NJ: Prentice Hall/Pearsons.
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 process and…...
mlaReferences
Ackerman, S.R. (n.d.). Independence, political interference and corruption. Retrieved from: http://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CB8QFjAB&url=http%3A%2F%2Fresources.transparency.bg%2Fdownload.html%3Fid%3D674&ei=nmSFVJjfJsX3UIzXgpAL&usg=AFQjCNG3iXhyvEpGajwTxpO_2SO2oFiECw&sig2=qZhx2nM7AmhxVKqpdVdtOA&bvm=bv.80642063,d.d24
BAR Human Rights Committee of England and Wales. (2010). A Place in the Sun Zimbabwe: A Report on the state of the rule of law in Zimbabwe after the Global Political Agreement of September. Retrieved from: www.barcouncil.org.uk/media/144602/7351_bhrc_zimbabwe_report.pdf
Barkow, R.E. (2008). Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law. Stanford Law Review 61, 869-922.
Barzelay, M. (1992). Breaking through bureaucracy. Berkeley: Univ. Of CA Press.
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 his administration.…...
mlaBibliography:
Baker, Peter, "Bush Nominates Roberts as Chief Justice," Retrieved May 12, 2013, from the Washington Post Website: http://www.washingtonpost.com/wp-dyn/content/article/2005/09/05/AR2005090500173.html
Biskupic, Joan, "Bush's conservatism to live long in the U.S. courts," Retrieved May 12, 2013, from the U.S.A. today Website: http://usatoday30.usatoday.com/news/washington/2008-03-13-judges_N.htm
"Janice Rogers Brown," Retrieved May 12, 2013, from the People for the American Way Website: http://www.pfaw.org/issues/fair-and-just-courts/janice-rogers-brown
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.
STATE COUTS
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 wrongs for which a remedy may…...
mlaREFERENCES
HOW the U.S. COURT SYSTEM FUNCTIONS
http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm
Courts in the United States http://www.lectlaw.com/files/jud01.htm
Respecting State Courts: The Inevitability of Judicial Federalism (Contributions in Legal Studies) by Michael E. Solimine and James L. Walker (Hardcover - Dec 30, 1999)
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, 2010).
In…...
mlaREFERENCES
How Judges and Justices Are Chosen. (2012). The Judicial Branch -- American Government. Retrieved from USHistory.org: http://www.ushistory.org/gov/9d.asp
Biskupic, J. (March 14, 2008). Bush's Conservatism to Live Long in the U.S. Courts. USA Today. Retrieved from: http://www.usatoday.com/news/washington/2008-03-13-judges_N.htm#appointments
McCloskey, R. And Levinson, S. (2010). The American Supreme Court. Chicago, IL: The University of Chicago Press.
Savage, D. (January 2, 2008). Conservative Courts Likely Bush Legacy. The Los Angeles Times. Retrieved from: http://articles.latimes.com/2008/jan/02/nation/na-judges2
Decriminalization of drugs has been a highly debated topic in society, with strong arguments both for and against it. The discussion revolves around whether drug possession and use should be treated as a criminal offense or as a public health issue. This essay will explore the benefits and drawbacks of decriminalizing drugs, as well as the potential impact it could have on individuals and communities. By considering various perspectives and evidence, we aim to gain a deeper understanding of this complex issue and its implications on public policy and social welfare.
One potential implication of decriminalizing drugs on society is the....
Confronting Trauma's Lingering Shadow: Ending the Stigma and Embracing Comprehensive Treatment for PTSD
In the face of trauma's profound impact, Post-Traumatic Stress Disorder (PTSD) emerges as a debilitating condition that necessitates multifaceted treatment and unwavering support. While the road to recovery may be arduous, it is imperative to dispel the stigma associated with PTSD and empower individuals to seek the help they deserve.
Psychotherapeutic Interventions: Empowering Survivors
Psychotherapy forms a cornerstone of PTSD treatment, providing a safe and compassionate space for survivors to process their experiences and develop coping mechanisms. Cognitive Behavioral Therapy (CBT) and Eye Movement Desensitization and Reprocessing (EMDR) have proven....
1. The Leadership Style of President Donald Trump
2. The Influence of Trump's Immigration Policies on Society
3. The Impact of Trump's Economic Policies on the American Economy
4. Trump's Use of Social Media in Politics
5. Assessing Trump's Foreign Policy Decisions
6. The Role of Race and Identity Politics in the Trump Presidency
7. Trump's Handling of the COVID-19 Pandemic
8. The Controversies Surrounding Trump's Impeachment Trials
9. Analyzing Trump's Approach to Climate Change and Environmental Policies
10. The Legacy of Donald Trump: Assessing His Impact on American Politics and Society.
11. The Trump Administration's approach to healthcare and the Affordable Care Act.
12. The impact of Trump's trade policies....
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