THE CRIMINAL COURTS: THE STRUCTURE AND PROCESS
The history of the American court system may have two primary role models that are the English court system and English common law. There is also the law of judicial personnel which is appointed by the governor of the country.
The Act of the judiciary of 1789 which is being laid out because of the structure of the system of federal court. The court would establish a judicial review principle. The court may also extend the principle of review of judicial to act by the state.
The state court system may have four categories, which are as follow:
The court of jurisdiction (general and limited).
The state of the supreme court and the court of last resort.
The judge may be responsible for several tasks performed in the court. There may be a selection of methods to select the judges of state court by selection by merit, election and election by the legislature or direct appointment by the governor. The judges (federal) can only be nominated by the Senate and the president. There are two types of cases one is Felony cases, and the other one is Misdemeanor case. The prosecutor has the responsibility to represent the state and analyze that they are impartial or fair. He has the responsibility to decide which case have to be prosecuted. To evaluate the evidence. To determine the changes. To prosecute the case.
The pretrial release is the release from custody while awaiting the trail. There are eight amendments which may prohibit excessive bails. It may also not guarantee the right to pretrial any release. The majority of arrested people may eventually release before final adjudication or trial by the court. The Grand Jury is the body of citizens, which is categorized by prosecutors to investigate the criminal and agencies and public officials’ activities in general. The Grand Jury may also determine whether if there is any cause to say that the individual is innocent or guilty.
The legal motion would allow the defence, which will discover every prosecutor case. It would provide the level which would be playing field in the adversarial system for both the parties. It would help the defendant and would make an informed judgement to which the plea will enter.
CHAPTER 8: THE TRIAL
The first nationally televised trial is played in the US which take place in the year of 1991. Through verdict, it would allow the public to watch the entire trial process from jury selection. Most of the public belief is depending on fictional TV trials about the trial process.
The pretrial motions are generated from oral and written requests to the judge. It may also ask the judge to make an order or rule so that any action could be performed in the action of the applicant. It would be made before the presentation of evidence or opening statements.
The sixth amendment is issued by an impartial jury in which the accused shall enjoy the right to a speedy and public trial in all criminal prosecutions. The right to a speedy trial state the seriousness of the charge, which may have more influence on case processing length.
The government of federal/state may have introduced new rules to limit the time between trial and arrest. It would take continuances which didn’t necessarily infringe the right of the defendant to a speedy trial. In public hearings, the court has ruled that public and press shouldn’t be excluded from the selection stage of the jury. The restraint is used only when the clear threat occurs to the fairness of the trial. The threat is posed by publicity to be restrained. There is no less alternative which is available.
Under certain circumstances, all the 50 states may have different rules to permit the camera in court. The Congress would consider the legislation which would permit the cameras in federal court. There are six amendments which would guarantee the right to a trial by an impartial jury. In minor cases, the defendant didn’t have the right to a jury trial in state court. The court may hold that the defendants didn’t have the right to a jury for the punishment of fewer than six months in minor cases.
There are many states where federal courts may use 12 person juries. The supreme court may allow juries with fewer than 12 people. From every group, the Bias injury must be drawn, which may represent a cross-section of the community. The race may not be the challenge for potential jurors which may solely come on account of race. Gender is the peremptory challenge, which is based on gender unconstitutional.
The Rebuttal and Surrebuttal are when the defence have completed its cross-examination and case and may redirect for the defence witnesses. The prosecutor may also present additional evidence to the defence case in a rebuttal. The witnesses may also be called by the prosecutor and he may be questioned by the defence and may also present in Surrebuttal.
CHAPTER 9: SENTENCING
There are many reasons to impose the sanction that is Deterrence, Restoration, Incapacitation and Retribution. It may also reflect the society moral outrage or crime disapproval. It may only focus on crime, not every people. The deterrence is when all people are rational with free who would always prefer happiness or pleasure over the pain. There are two types of deterrence that are specific deterrence and general deterrence. The incapacitation is the offender removal through imprisonment or banishment from the community. The rehabilitation is the process to reform an offender through treatment, education, or counselling to become a productive member of society.
The presumptive sentencing is the range of maximum and minimum terms of incarceration. The judge may determine every specific number of years, which is served within an equal range. The sentencing guideline may limit the discretion of the judge, which will impose the disparate sentences for the same offenders. There is the guideline which will direct the judge to determine every sentence by weighing the criminal history against the current offence severity.
The habitual offender statutes would require the longer sentence for the offender of a third violent felony. The presentence investigation report is widely believed to be the sentencing decisions cornerstone. Within the context of the offender’s life, the comprehensive report may help the court to understand the criminal nature. It may be based on survey or interview with family members, victim statement, family member and friends.
The disparity and discrimination may determinate sentencing to reduce the disparity of sentencing and may not eliminate it. The sentencing disparities may take place when most of the same cases are sentenced differentially. It may also exist when external factors or illegitimate objectionable is made in the decision of sentencing.
Under sentence of death in 2013, the penalty of death takes place when many prisoners had less than high school education, was white, never married and male. The argument against capital punishment may create a brutalizing effect on society. It may have a system of criminal justice, which is the possibility of death row inmate being innocent exists.