Court System Paper
Essay by Stella • May 20, 2012 • Research Paper • 1,137 Words (5 Pages) • 1,691 Views
Court System Paper
There are two judicial systems; first one is the state and local courts established under the authority of state governments. Federal courts system is the other that was created by Congress under the authority of the U.S constitution. General agreement among the nation's founders, that there was a need for dual court system for individual states to regain significant legislative authority and judicial autonomy separate from federal control. State court system is made up of trial court, appellate courts and general jurisdiction. State court system is typically includes a supreme court. Included but not limited in state court system is that it virtually unlimited power to decide nearly every type of case, subject only to the limitations of the U.S Constitutions, and state law and it is within state courts that the large majority of criminal cases originate.
Federal court system made up of three levels: U.S. District Courts, U.S. Courts of Appeal, and the U.S. Supreme Court. U.S. District Courts are the trial courts of the federal system and are located principally in larger cities.(United States Courts, 2012) Federal decided only those cases over which the Constitution gives them authority. In the federal court system the highest court is the U.S. Supreme Court which is located in the state of Washington, D.C. Supreme Courts only hears cases on appeal from lower courts. The courtroom is made up comprised of professional courtroom personal., which include the judge, the defense counsel, the court reporter, the prosecuting attorney, the clerk of the court the local court administrator, the bailiff and the expert witness.[Also present in the courtroom for a trial are "outsides" nonprofessional courtroom participants like witnesses and... jurors.](Schmalleger, 2009) Guided by statutory requirement and ethical considerations and its members are generally dedicated to bringing the criminal trial and other courtroom procedures to a successful close.
The role of a judge is the primary duty of ensuring a fair trial seeing that justice prevails. Moreover, the purpose of a criminal trial is to determine whether the prosecution has established the guilt of the accused as required by law, and the trial judge should not allow the proceedings to be used for any other purpose. The judge holds ultimate authority rulings in the courtroom on matters of the law. Weighing objections from both sides of the law, deciding on the admissibility of evidence and disciplining anyone who challenges the order of the court. Judges also sentence offenders after a verdict has been returned in most jurisdictions. However, in some state, judge serves to decide guilt or innocence for defendants who waive a jury trial.
Prosecuting attorney is the primary representatives of the people by virtue of the belief that violations of the criminal law are an affront to the public. Federal Prosecutors is called the U.S attorneys and solicitors in five states prosecutors are elected and generally serve four year teams with the possibility of continuing reelection. Moreover, their widespread criminal conspiracies, whether they involve government officials or private citizen may require the services of the special prosecutor whose officers can spend the time and resources needed for efficient prosecution. No matter what the criminal trial is about, it is the job of the prosecutor department to seek the truth no matter what the accused innocent or guilty does.
A lawyer who may specialize in the practice of criminal law is known as Defense Counsel. The Defense Counsel is to represent the accused as soon as possible after arrested and to ensure that the defendant's civil
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