Some of the states, such as the District of Columbia or Puerto Rico, have one appeal level from the lower state court. The two courts are frequently divided up into two levels, which are the general courts jurisdiction and the specialized courts. Also in some states he litigants can bring appeals from trial level courts directly to the supreme courts in which the Supreme Court can decide whether or not to hear the case themselves or have the issues resolved by the appeals court (Lawyer International, 2008). When concerning trial proceedings most of the states after an arrest and prior to the
After that, if need be, the case is brought to prosecution. If the prosecution takes that case, then the case is put on trial. This is important because it shows just what the judicial part of government and the court part of the criminal justice system does, and why it is important. So the court systems job is to interpret the law and bring justice. The dual court system is a system in that there are state courts and federal courts.
These serious offenses can start in a Magistrates Court and passed on to a Crown Court either for sentencing, or for a full trial by a judge and a jury. In order to understand which offenses are serious and which are not, there is a categorization of summary and indictable-only offenses. Summary offenses are minor offenses, such as motoring offenses and minor assaults. Indictable-only offenses are offenses that are usually passed on to a Crown Court for a full trial and sentencing, such as murder, robbery, grievous bodily harm, manslaughter and rape. A Crown Court also divides the offenses it deals with in three types.
Seiter, R. P. (2011). Corrections: An Introduction (3rd ed.). Retrieved from The university of Phoenix eBook Collection database. U.S. Department of Justice Office of Justice Programs. (1999, September).
-The local court has two jurisdictions in which it hears matters: 1. Criminal Jurisdiction . All summary offences. Less serious crimes, such as drink driving and shoplifting. The magistrate deals with these matters determining guilt and issuing punishment.
With having standard and true authority in the presiding of civil and criminal cases, such as, juvenile issues, estates administration and probate, divorce and domestic relations, care of the mentally ill and small claims, to name a few. There are 31 separate judicial districts within the state, having 163 presiding judges combined. Allowing each county to have its own district court, although the number of presiding judges will differ from one district to another. A point of interest is that if a person is found guilty of an offense in a municipal court, they may appeal that decision to the district court within their
Determinate Determinate is a prison term: which is defined by law as a requirement of a specific length of time, imprisonment for a specific and particular crime. You had to the time, you were sentence to do. This sentence came because, some states where rehabilitation was not favor. Our Legislator’s had to refocus on punishment and retribution. With fixed sentence, it left limiting judicial discretions; the fact is it just moved authority to other people who had other interests.
Sherman, M. (2008). High Court: Gitmo Detainees have Rights in Court. Associated Press, June 12, 2008, Archived at http://www.webcitation.org/query?url=http%3A%2F%2Fap.google.com%2Farticle%2FALeqM5iS3b8PdQ_oVlJA2eFtDvhnnTUvFwD918J1QO0&date=2008-06-12 on June 12, 2008, Retrieved October 10, 2014. United States Constitution, Article I, Section 9, clause 2. United States Constitution, Article II, Section
Juvenile and Adult Courts The juvenile court system has numerous similarities and differences when compared to adult court. In a civil proceeding juveniles are adjudicated, rarely obtain a criminal record, and have the ability to have their records expunged and sealed once they turn a certain age. Adults on the other hand are charged in a criminal proceeding and carry a criminal record for the remainder of his or her life if they are found guilty. The juvenile court system is conducted in an informal matter and focus more on parens patriae versus due process, records and recordings of proceedings is the decision of the juvenile judge, and the preponderance of the evidence is used in most circumstances other than to determine delinquency where beyond reasonable doubt is implemented. Proceedings for adult courts are formal and the standard of proof is required to determine a guilty verdict beyond a reasonable doubt.
(n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved November 9 2011 from http://legaldictionary.thefreedictionary.com/Due+Process+of+Law Meyer, J. F., & Grant, D. R. (2003). The Courts Get Involved: The History of Courts and theArrangement of Modern Courts. In The Courts in Our Criminal Justice System, 1e (pp.