CJ 207 Project One Template
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Southern New Hampshire University *
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207
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History
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Dec 6, 2023
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docx
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7
Uploaded by 39keisha
CJ 207 Project One Template
Complete this template by replacing the bracketed text with the relevant information. The Court System
Relationship Among the Three
Courts
Checks and Balances
Relationship of the Supremacy
Clause and Federal Superiority
Rule to the Courts
America's court structure has three different types of courts: "the Supreme court, circuit courts, and district courts". There are 13 circuit courts, 94 district courts, and one Supreme Court throughout the country. All these three courts perform different duties, but they all aim to provide justice to
U.S. citizens. The district courts are also called trial courts, and they resolve cases by delimiting the evidence provided and utilizing constitutional laws to determine what is right and what is illegal. Every state has at
least one trial court with a state judge and the jury in the country (United States Courts, 2019). The central task of the circuit court or America's court of appeal is to handle petitions rising over the decisions of the district courts and clarify the administering of constitutional laws correctly in the district court. But, the Courts of Appeals do not have a jury as it constitutes three judges only. Lastly, the Supreme Court is America's highest court, and its primary role is cassation, which includes safeguarding legal protection, steering the development of law, and preserving legal uniformity (United States Courts, 2019).
The formation of checks and balances in the U.S. ensured that no single body of the state could hold more power than others. For this reason, there has been a fulfillment by separating government power into the judicial, executive, and legislative.
All these three bodies are subjects to the course of law, and it is the role of the courts to
ensure that these bodies are subject to the law. Thus, for example, via the judicial review process, all the courts hold the power to proclaim the president's decisions illegal and undemocratic. In return, through the rule of appointment, the president checks the courts and applies it to amend the courts' ruling.
Functions and Responsibilities of Various Members
Members Functions
Responsibilities
Judge
Judges perform numerous relevant functions in the criminal
justice system. Most importantly, judges are unbiased
decision-makers in the hunt for equity. One of the critical issues that judges face is corruption. For example, a judge may be required to rule a case between an influential, powerful politician and a peasant farmer. This powerful politician may bribe the judge to rule in his favor, resulting in the judge having to force to choose between sending the innocent peasant farmer behind bars and accepting this bribe. Another critical issue a judge might encounter is deformation. A judge is a public figure, and they might face many fights and rebellions from the public or influential people in the society because of the rulings they make
(Roles in the Criminal Justice System, n.d.).
The judge ensures that citizens follow all the laws in their jurisdiction.
Judges presides over
courts of justice.
A judge is responsible for confirming probable cause for charged offenders.
Another responsibility of a judge is to rule on appropriate bail and conditions of release
and impose sentences following plea agreements, recommendations of
the Corrections Department, and within the state sentencing guidelines (Roles in the Criminal Justice System, n.d.).
Prosecutor
Prosecutors cross-examine witnesses and experts called to the stand by the defense. The purpose is to test the witnesses' credibility and truthfulness and see if their testimony indicates undue bias or unjustified viewpoints.
Prosecutors look for lies, false
claims, and extraneous material that does not adequately reflect the facts of the case (OHCHR|Guidelines on the role of prosecutors," n.d.).
A prosecutor assesses investigative reports for charging decisions.
Another responsibility of a prosecutor is to work with victims and witnesses to make sure victims’ rights are protected.
Prosecutors also prepare witnesses for trial.
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Roles of Various Courts
Local Appeals Courts
State Appeals Courts
Federal Appeals
Courts
Special Courts or
Problem-Solving Courts
The local courts are created constitutionally
by the state courts and have jurisdiction over minor local crimes and violations of local statutes such as disturbance of the peace (United States Courts, 2019).
State courts interpret state laws and are designed to rule cases not explicitly selected for federal courts. The state courts also make sure that the federal government does not hold too much power and jurisdiction over the states (United States Courts, 2019).
The federal courts of
appeal only hear cases in exceptional circumstances, particularly those that involve a diversity of citizenship and those that raise a national question (United States Courts, 2019).
Specialized courts are limited-jurisdiction courts that deal with specific crimes such as offenders with mental health problems, domestic violence, and drugs. The role of the specialized courts is to help in improving court cases that
are more complicated and
require unique expertise beyond the law (Zummer, 2009).
Jurisdictions
Military Courts
Native American Courts
Different courts exist to limit the power and jurisdiction of each court. For example, the federal courts can handle disputes between two states, while the state courts can handle lawsuits between parties in the same state. Similarly, specialized courts can efficiently handle crimes involving offenders with mental health problems.
Therefore, the presence of different courts limits the jurisdiction of the courts and promotes equity (Kastellec, 2018). An example of a separate court is a specialized court, and one of them is the "U.S. Courts of Appeals for the Armed Forces." This court has sole jurisdiction over those subject to the "Uniform Code of Military Justice" and the active servants of the military. The importance of the jurisdiction difference of the "U.S. Courts of Appeals for the Armed Forces" is that it impacts the discipline in the military, military readiness, and service members' rights in a way that other courts may fail. One problem that can arise from this jurisdiction includes the following of a series of unique processes.
Specialized courts tend to follow unique procedures compared to other courts. For example, in military courts, the appeal process must begin from the courts of Criminal Appeals from each armed forces branch, then to the highest military courts, then to the Supreme court. Another issue can arise when the jurisdiction must draw a line between federal, state, and tribal laws when dealing with Native American Courts (
United States Court of Appeals for the Armed Forces
, n.d.).
References
Kastellec, J. P. (2018). How Courts Structure State-Level Representation. State Politics & Policy Quarterly
, 18
(1), 27–60. https://doi.org/10.1177/1532440017745522
McNamara, L., Quilter, J., Walsh, T., & Anthony, T. (2021). Homelessness and contact with the criminal justice system: Insights from specialist lawyers and Allied professionals in Australia. International Journal for Crime, Justice and Social Democracy
, 10
(1), 111-129.
OHCHR | Guidelines on the role of prosecutors
. (n.d.). https://www.ohchr.org/en/professionalinterest/pages/roleofprosecutors.aspx
Role of judges. (2019, February 26). PLEA. https://www.plea.org/courts-legal-system/judges/the-role-of-judges
Standards for the defense function
. (n.d.). American Bar Association. https://www.americanbar.org/groups/criminal_justice/standards/DefenseFunctionFourthEdition
/
United States Court of Appeals for the Armed Forces
. (n.d.). Www.armfor.uscourts.gov. https://www.armfor.uscourts.gov/
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United States Courts. (2019). Court Role and Structure
. United States Courts. https://www.uscourts.gov/about-federal-courts/court-role-and-structure
Zimmer, M. (2009). Overview of Specialized Courts. International Journal for Court Administration
, 2
(1), 46. https://doi.org/10.18352/ijca.111