...It all starts within the courtroom for prisoners. All cases are heard before a judge who determines who goes to prison and who’s innocent. This is where the faults in the system begin. In federal prison, more than 60% of the inmates are incarcerated due to non-violent crimes with only 30% accounting for homicide, sexual assault, and weapons. With the average sentence length being 13 years, these statistics suggest that over 100,000 inmates spend more than 10 years sentences for petty crimes. These sentences do not include the wait time to be seen before a judge to actually receive a sentence for a crime. With the courts being overwhelmed daily most prisoners spend up to three years awaiting a sentence or to even receive a proper court date....
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...are allowed to have the judge appoint them a lawyer who is then paid with public funds. The courtroom deputy or courtroom clerk administers the oaths to the witnesses, marks the exhibits, and generally helps keep the trial running efficiently. The courtroom deputy is employed by the clerk of the court. The clerk of the court is selected by all of the active judges on the court and works closely with the chief district judge, who is responsible for the court's overall administration in the courtroom, the parties may be present at the counsel tables with their attorneys. The accused in a criminal case has a constitutional right to be present. Parties in civil cases may be present if they wish, but are often absent. The plaintiff's attorney represents the person or company, or the government, which filed the complaint. In criminal cases, a United States attorney represents the administrative branch of the government. United States magistrate judges are court officers who support district judges in preparing cases for trial and administer some of the discovery process. They may also be in charge of over less serious criminal trials, and, when both parties consent, over civil trials. Bankruptcy judges and United States magistrate judges are appointed for specific terms of office and do not enjoy the same protections as judges appointed under Article III of the Constitution. Life tenure. Federal district court judges, court of appeals judges, and United States Supreme...
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...COURTS 1. The Federal Court The Apex Court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely, The Privy Council The Supreme Court The High Court Malaya and the High Court Borneo. The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts. In 1994, a significant change took place in the Judiciaryw hen Parliament amended the Federal Constitution. With the amendment, the Court of Appeal was established. The Supreme Court was renamed the Federal Court. As a consequence, the three-tiered system of the superior courts was restored. The Federal Court is headed by the Chief Justice. Prior to the amendment the post was known as the Lord President. Members According to Article 122(1) of the Federal Constitution, the Federal Court shall consist of the Chief Justice, the President of the Court of Appeal, the two Chief Judges of the two High...
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...Comparing State and Federal Court Systems There are many factors that involve the differences in state and federal courts. The three major factors that separate the two court systems are the structure, the selection of judges, and the types of cases that are presented in each of the two court levels. There are many reasons that there are two different court levels. This is so that we have checks and balance between the federal courts and the state courts. The structure of the Federal courts is based off Article III of the constitution of the United States. This article gave the federal system the power to create the Supreme Court as well as all the lower federal courts. The federal court system is broken down into six different types of courts which starting from the highest are the Supreme Court, United States Court of Appeals, United States District Courts, as well as the special federal courts which are the United States Bankruptcy Courts and the United States Courts of Special Jurisdiction. Within each of these courts they each handle specific cases that are presented to them. The State Court System is broken down into four different levels of courts. First are the trial courts of Limited Jurisdiction. This level usually only resides with one judge and no jury members. This levels deals with civil matters as well as small offences against city ordinances. Trial courts of General Jurisdiction also known as district courts consist of a judge and a jury. The judge is there to...
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...political battles. --e.g. There are 12 circuit courts (federal courts of appeals). The 9th circuit is the largest as it includes 9 states and two territories. It stretches from Alaska to Arizona and from Montana to Hawaii and then to Guam. -- 28 full time judges and several more retired judges who help out part time. --Hears over 5000 cases a year. -In 1990 the U.S. Senate considered a bill to split the 9th circuit into 2 circuits. California, Arizona and Nevada would make up one circuit while the other states and territories would make up a second circuit. -to some this division made sense since the circuit was considered too large to handle business efficiently. However, this seemingly routine matter of administration met intense opposition. --The bill was sponsored by Senators from the northwestern states and was opposed by senators from California. Interest groups were also involved: The Sierra Club and other environmental groups argued fiercely against the proposal. --Why would the division of a judicial circuit into two parts stir up such political controversy? -->The 9th Circuit had a majority of judges from California which gave broad interpretations to environmental protection laws. --People from the Northwest saw these decisions as damaging to their timber industries. --So splitting the circuit would prevent California judges from ruling on environmental cases in the Northwest, while judges who came from the Northwest would be more sympathetic to the...
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...Tania Covarrubias History 111 Evan Pritsos May 6, 2018 State vs Federal Judiciary Judiciary is one of three branches of government; the other two are the Executive and Legislative branches. The purpose of judiciary is to interpret and protect the law. Judiciary acts like a guardian for our Constitution in our court system. Within the boundaries of each state and coexisting with state courts are numerous federal district and appellate courts that function independently. It may seem overwhelming and baffling to consider what legal matter may be decided in which forum. But for the most part, federal and state courts have their own separate purpose and part in applying the laws before it and administering justice to all. Federal Judiciary The...
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...DIFFERENCES BETWEEN THE STATE AND FEDERAL COURT SYSTEMS 2 Differences Between the State and Federal Court Systems Both the state government and federal government have their own separate court systems. They select their judges differently, hear different types of cases, and are structured a bit differently as well. The states use different types of ways to select their judges for their courts. In some states, voters get to vote for their judges during elections. In other states, the governor appoints their judges. Each state indicates the number of years that the judges will serve. In the case for federal judges, they are elected differently. The President of the United States nominates the judges and then the Senate confirms each nomination. Typically, federal judges hold office for lifetime, unless they are impeached. Judges can be impeached for misconduct and have to go through Congressional impeachment proceedings. Different types of cases are heard in state and federal courts. In the state courts, typically, criminal cases, contract cases, family matters, etc. are heard. In the federal courts, cases that are heard are those that involve violation of laws of the United States, public ministers, bankruptcy, disputes between two different states, etc. Depending on each case, the case will be heard upon the state court or the federal courts. This is due to the different laws each state has. For example, Illinois’ laws are different from...
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...com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. If issued a summons, the defendant will be notified of the date of their preliminary hearing in the summons. Preliminary Arraignment If a warrant of arrest is issued by the MDJ, or if the process was initiated by a warrantless arrest, the defendant must appear before the MDJ for a preliminary arraignment. The defendant will be provided with a copy of the...
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...Court When looking at state and federal law, one will find many similarities but many differences as well. There are three main components to courts and the foundation of them, these would be: law making ability, structure and cases heard. There are just enough differences so that figuring out which is which can be confusing. Let’s look at who supersedes who. When a law is passed if it be in federal courts or state courts it pretty much goes the same way, either the House of Representatives or the Senate can create a bill to be put up for a law. In order for this bill to pass as a law it requires a few things, first it requires two thirds of the majority vote, next it requires either the president (for federal) or the governor (for state) laws. Now let’s look at the structure of state or federal courts. In the state of Illinois there are three different branches of courts, you have the Supreme Court, the appellate court and the circuit courts. Each branch has its own duty and its own set of judges. In Illinois there are five districts, in the Supreme Court there are seven elected judges – one for Cook County and the other four districts each have one. On the Appellate Court level there are 38 elected judges – eighteen for Cook County (first district), districts three and four each have 4 appellate judges and districts two and five each have six judges. This may seem like there are not enough knowing that Illinois has 102 counties and these judges cover the entire state. Lastly...
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...U.S. District courts are the lowest federal courts. Any federal cases are argued in these courts. They follow Supreme Court decisions. So there is room for misunderstanding. It’s not common for losing parties to appeal. U.S. courts of appeals are the ones that go from district to federal. This court bases their decision on the lower court’s records. There are 13 appeal courts. One of them has jurisdiction over patents and international trade. There are 4-6 judges in each court, but it’s rare for all of them to be there. Each circuit in monitored by a Supreme Court Justice. The Supreme court reviews less than 1 percent of the cases heard by federal appeals courts (389). Special U.S. courts include Claims Courts. Cases where the U.S. Government...
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...about to read consists of the federal court system, federal court’s jurisdictions, and lastly I’m going to compare the federal court system to the state of Georgia’s court system. Let’s start with the federal court system, which consist of three tiers. The Federal Courts According to the Paralegal Professional by Henry R. Cheeseman and Thomas F. Goldman, the trial courts of the federal system is the District Courts (2011, p.211). Cheeseman and Goldman say there are 94 district courts in the federal court system (2011, p.211). Also in their 2011 book, they say the district courts are decided by geographical area and how populated that area is (Cheeseman, p.211). Lastly, Cheeseman and Goldman state that there is at least one District Court in every state (2011, p.211). Next, is the intermediate appellate court in the federal court system. The Paralegal Professional says the U.S. Court of Appeals is the intermediate appellate court in the federal court system (Cheeseman, p.211). Cheeseman and Goldman also say there are thirteen circuits, which are the geographical area that the court serves (2011, p.211). They also state that the courts can only take appeals from inside their circuit (2011, p.211). According to their 2011 book, each circuit has a three judge panel and someone in a case can request a review after the judges make their decision (Cheeseman, p.211). The last part of the federal court system is the highest court of the federal system. According to Cheeseman...
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...Processing a Defendant: In A Federal Investigation. Unit 4 Corrections and Prisons July 7th, 2013 AIU ONLOINE PROFESSOR: TINA DINGLE Abstract Today we will be discussing how a defendant is processed through a federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution and release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place (Journalists Guide, 2011). 1.2 Decision to...
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...The United States is a federal system, with a central federal government and individual governments for each of the fifty states. Each of the states has their own complete judicial system. Each judicial system has a number of courts of original jurisdiction, in which cases are originally filed and tried. The jurisdiction of these trial courts can be geographically or subject based matter. Each system also has small number of appellate courts. An appeal is claim by losing party that the lower court has made a mistake of law. Each court system also has a supreme court, which hears appeals from the appellate courts. The U.S constitution system has a supreme court and gives congress the authority to establish the lower federal courts. U.S district courts are the courts of first instance in the federal system. There are 94 such district courts throughout the nation. At least one district court is located in each state. District judges sit individually to hear cases. There are also bankruptcy judges who hear only bankruptcy cases, also magistrate judges who perform many judicial duties under the...
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...it had previously lacked. The powers held by federal judges have been crucial to the outcome of many historical events that shaped our country. At the same time, many have raised questions about if they have become too powerful in their ability to “take over” state and federal agencies. Numerous times in American history, federal judges have used their power to resolve issues and carry a heavy influence on those resolutions. Many examples of this comes from Judge Frank Johnson, who was perhaps the most vital person to the civil rights movement. Along with assisting the civil rights movement, he forced the state of Alabama to improve the living conditions inside their prisons. Johnson made sure that his requests were carried out by appointing a receiver who operated the prisons. He also forced mental hospitals to improve their treatment of patients and enforced the protection of those patients’ rights to be taken care of in a decent manner. He made sure that Congress increased the mental health budget so...
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...Introduction Malaysia consists of a federation of fourteen states. Article 4(1) of the Malaysian Constitution states that the supreme law of the federation is the Constitution. Malaysia follows the Westminster model of government. The Cabinet headed by the Prime Minister exercises executive power. Both the prime minister and Cabinet answers to the parliament. The Monarch appoints the Prime Minister. He is the leader of the ruling party in the lower house (House of Representative) of the Parliament. Members of the lower house are elected for fiveyear terms. Members of the upper house (Senate) consist of two senators elected by each state legislative assembly and the Monarch appoints the rest. Senators serve for six years. The House of Representatives is the main legislative body. The Senate only has delaying powers over legislation. Members of the executive are also members of the legislature. The executive practically makes law. The executive and legislative branch in Malaysia could be conveniently be categorised together. The term executive and legislature in the Malaysian context actually refers to the same entity exercising different functions. This is coupled by the fact that the ruling government has been able to maintain a two-third majority in Parliament ever since independence. Several significant legislations such as the regular use of Emergency powers under Article 150 of the Constitution and the Internal Security Act 1960 has led to the erosion of civil liberties...
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