The Key Role In The American Judicial System

Great Essays
Introduction
The American judicial system operates on the premise that justice is served best when both sides to a dispute possess the ability to enter evidence while at the same time challenging the evidence of the other party. Through this, a sharp development on the facts of the dispute is achieved. The states as well as the federal governments in the United States are authorized to prosecute crime regardless of the fact that they both have different court systems, criminal statutes, police agencies and prosecutors. While the federal systems oversees limited range of criminal cases for instance dealing with people accused of violating criminal laws of the national governments, state systems monitors the decision of lower courts within the
…show more content…
According to Carlson (2010), various causes for instance advance publicity creates an atmosphere that is not conducive to a fair trial in the location where the crime occurred. This implies that transferring the venue the venue to a different location increases the chances of a fair trial.
Key role within federal and state judicial systems
The American judicial systems play a very important role in administering justice in the nation. By for instance carrying out legal research and drafting, overseeing pretrial matters and assuming the responsibility of the operations of the court, judges are enabled by various professional for instance law clerks, assistant judges and court administrators to focus on the demands of adjudication, a process that facilitates efficient operation of the judicial system (Gur-Arie, 2004). Judicial systems decide on the constitutionality of the laws while at the same time resolving disputes.
Processes of judicial
…show more content…
At this stage, the parties use discovery, pleadings as well as pretrial conferences to identify the legal issues and facts involved in the dispute.
Trial stage
Here, the parties present evidence to the jury or the judge. The rules of evidence dictate the form by which the evidence ought to be presented as well as the types of questions the witnesses are required to answer. Through a trial verdict, the losing party is given the opportunity of challenging the decision of the court.
Appeal
The structure of the court as well as the nature of the case allows the party that loses the case at the appellate level to re-appeal to a higher level appellate court (Hogan, n.d). Judges often chooses to hear cases that have the greatest judicial significance.
Statute of limitations on charging and trying

Related Documents

  • Improved Essays

    1. Withdrawn/Voluntary Nonsuit When the plaintiff abandons his case, and consents that judgment go against him for costs. 2. Compromise/ Settlement - no court hearing A settlement that does not necessarily involve both parties appearing before the judge. Includes dismissals initiated by one of the parties for failure to prosecute; reconciliation orders, workers’ compensation settlements; compromise and settlement orders.…

    • 1641 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Once a state has created a law and it has been determined to be constitutional, the enforcement process lends itself to judicial scrutiny when brought before the court. When the process of enforcement and the discovery of evidence have been put into motion, the circumstance surrounding how law enforcement came into contact with the accused is one of the first things reviewed - much of the initial interaction is based on the enforcement of State laws, which cascades into protected rights when the enforcement effort starts, or elements of a crime have been discovered. Since the U.S. Supreme Court ruled that the Bill of Rights applies the Federal Government, and the Fourteenth Amendment’s Due Process Clause makes the Bill of Rights applicable…

    • 312 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…

    • 1172 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Adversary Process Trial

    • 523 Words
    • 3 Pages

    The trial is held in front of a hearing officer, also known in some agencies as administrative law judges. For this trial, the hearing officer acts both as judge and jury. Moving on, in the event where a party disapproves of the outcome an appeal can be filed. The appeal…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The existence of crime show television has implanted many ideas about how the courtroom works when it comes to presenting evidence. These shows have covered grounds from tampered evidence, to inadmissibility, and lack of relevancy. However, it is much easier to understand the difference between the viewpoints of pop culture on evidence and the actuality of the manner, when you understand the different types of evidence. Evidence is classified into two categories, direct and circumstantial evidence. In order to understand the definition of both, one must understand a material fact.…

    • 1563 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Fairness Vs Mediation

    • 365 Words
    • 2 Pages

    Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between a civil trial court decision and a decision reached by a single mediator in a binding mediation. The fairness of a civil trial decision and a mediation decision has many differences, such as who makes the decision and whether or not there is a right of appeal. The fairness of a civil trial decision includes a judge, jury, a winner and a loser.…

    • 365 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Balancing the tension between community interest and individual rights and freedoms are a significant component of the criminal trial process and is relatively successful in that retrospect. In order to be effective and efficient the criminal trial process should reflect the moral and ethical standards of society, ensure the community is sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Roles Of Judicial Judges

    • 1093 Words
    • 5 Pages

    The role of the judiciary is to administer justice to all citizens and it comprises of courts that take decisions on a very large number of cases. Judicial independence is the keystone of Canadian judiciary. That is the reason, the judiciary is an independent from other branches of government, the executive and legislative. The main role of a judge is to interpret laws. Judicial independence means that, the other organs of the government must not restrain the functioning and should not interfere with its decision of the judiciary in such a way that is unable to do justice.…

    • 1093 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Duel Court System

    • 729 Words
    • 3 Pages

    Duel Justice Watkins, Robert GCU Duel Justice The United States of America utilizes a duel court system in its judicial system. The two courts systems are federal and state. Courts that exist at the state or local level are established by the individual state, and exist “within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts.” Courts that exist at the Federal level have been established under the United States Constitution and rule on disputes concerning the Constitution and laws that are passed by Congress.…

    • 729 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    My initial thoughts on this quote were, “What does Hamilton mean by the ‘sword or the purse’?” After reading his quote a few more times, I understood that he was implying that the judicial branch has no authority over the power or the finances of society. It seems that Hamilton felt as if these are the foundations of society and that as long as the judiciary branch has no power over these factors, then it can pose no threat and cause no harm; therefore, being the least dangerous branch. Hamilton is wrong, because while this particular branch may not have direct power over these elements of society, at the end of the day the judicial branch has overview on all laws and the constitutionality of those laws. While each branch has a diverse specific…

    • 1333 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The criminal justice system is made of rules that are in place to not only protect the victim and the convicted, but also the prosecution and the defense attorneys. The system is governed by these guidelines from the time a police officer suspects a crime all the way to the day the offender is released from prison. The steps for an individual to be convicted of a crime must start with the arrest, and fallow the process in order to the pre-trial, trial, and appeals. There are different guidelines that apply to state and federal cases. To effectively understand the criminal justice process a person must start at the bottom and follow the progression of the charge.…

    • 1883 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    #1 The Supreme Court is an appellate court and the highest court in the United States (Cheeseman, 2013, p. 41). The jurisdiction or legal ability for the Supreme Court to hear a case is established by Article III, Section II of the Constitution of the United States of America (“About,” n.d.). As established by the Constitution, the Supreme Court has both original jurisdiction (legal ability to hear a case) and appellate jurisdiction which means, it can hear appeals from the highest state courts (sometimes called state supreme courts), special federal courts, federal appeals courts, and when circumstances permit federal district courts (“About,” n.d & Cheeseman, 2013, p. 44). The Certiorari Act of 1925 allows the Supreme to decided, with a few exemptions, whether or not to it will hear a case (“About,” n.d.).…

    • 563 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Throughout the United States government 's history, one thing remains the same, the three branches of government are as important as each other in keeping the nation thriving. Each with their unique set of strengths and weaknesses, the Judicial Branch is one that comes to mind when thinking of having the most powerful strength, proving a system of checks and balances to the other government branches. The Judicial Branch is responsible for reviewing the constitutionality of the actions of the government, according to Fine & Levin-Waldman (2016). What this means is, when something is signed into law or actions are taken, the Supreme Court of the United States decides if it follows the rights and laws outlined in the US Constitution. According to…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Mastering the law and following the procedure of law are ways that will change the characters of judges. Determining the sentences that are given out, how many sentences and or cases are pending and the turnaround rate for judge’s helps determine the differential between their…

    • 547 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    If you go out and about within our country and you ask people if they knew very much about the United States court system, they will most likely tell you that they do not know very much about the court system unless they have been involved with the court system whether it be federal or state level. Most people do not realize that the court systems have three levels within them or that there is certain situation that will allow you to get to one level or the other. There is a whole lot of information that some people may not know. They may not know about judicial review and how it came about. Some people may not even know how justices decide the ruling of their cases.…

    • 1620 Words
    • 7 Pages
    Improved Essays