CJ 207 Project One Template (1)

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Southern New Hampshire University *

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207

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Dec 6, 2023

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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 In the United States the three courts that make up the justice system consist of district courts, court of appeals, and the supreme court. These three courts work together in a step-by- step basis to ensure justice to all individuals. District court is also known as the lowest level of hierarchy where all cases will start in this type of court. The court of appeals in the second highest court where one can hear an appeal for trial from the previous lower court. Finally, the supreme court is the highest of courts where they have the final authority in the cases that are presented. They all work together by starting at the bottom of the chain and potentially working their way up to the supreme court. Checks and balances refer to where separate branches (legislative, executive, and judicial) each have their own power where they equally share power. If one branch is to have too much power over another one, then this could cause a separation of powers throughout the three branches. Checks and balances ensure that each branch is responsible to their actions. The legislative branch is responsible for making all laws, the executive branch is responsible for enforcing those laws, and the judicial branch is responsible for deciding the constitutionality of those said laws and further resolves disputes. The Supremacy Clause was put in place to “address the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself” ( The supremacy clause, 2023) , instead of giving Congress additional powers over others. This ensures that the Constitution and federal laws will take precedence over state local laws. When it comes to the court system, the court is able to adjudicate the rights of parties under both the state and federal law. The Supremacy Clause also makes it so states are not allowed to interfere with the federal government and its use of constitutional powers. Functions and Responsibilities of Various Members
Members Functions Responsibilities Judge The functions of a judge are to apply the laws by overseeing the legal process in court and be the authority over the courtroom by listening to both sides of arguments. Some of the responsibilities that a judge has it to evaluate information from documents, write opinions, decisions, and instructions regarding a case, research legal issues, decide if the procedure is being conducted accordingly to the law, and determine if the information being presented supports the charge, claim or dispute. Prosecutor The function of the prosecutor is to investigate, charge, and prosecute an individual who has been accused of breaking the law. Some of the responsibilities of a prosecutor include investigating and charging crimes, negotiating plea deals, trying a case in court, meeting with investigators, victims, witnesses, and defense attorneys, and only filing criminal charges in a case if they believe that they can prove it in court. Prosecutors use prosecutorial discretion where they have the overall power to decide if they are going to charge someone for a crime. If they feel as if they are unable to prove that someone committed a crime, then they have an ethical obligation to not take on the case. Defense Counsel The function of the defense counsel is to represent the individual in court who is being charged with committing a crime. Some of the responsibilities of a defense counsel include thoroughly taking into account all aspects of the case including if the defendant is guilty, collecting information about the case, gather information from witnesses and the crime scene, and potentially finding loopholes in the case to support the defendant. The two main defense counsels can be made up of either a public defender, who works for the government, or a private lawyer, who works for themselves in a private law practice. Generally, many people who can afford a private lawyer will do so because a
Roles of Various Courts Local Appeals Courts State Appeals Courts Federal Appeals Courts Special Courts or Problem-Solving Courts Local appeals courts hear appeals from within the district court of their circuits and some from federal administrative agencies. State appeals courts hear both criminal and civil appeals within jurisdiction. Federal appeals courts also hears both criminal and civil appeals to determine whether or not the law was applied fairly. Special Courts focus on a specific subject matter in the law to problem solve. Some of these courts consist of drug court, mental health court, domestic violence court, and veteran’s court. Jurisdictions Military Courts Native American Courts Military courts are set in place for any military member who breaks the law. These cases are generally heard in courts-martial, court of criminal appeals, United States Court of Appeals for the Armed Forces, and the United States Supreme Court. These courts are important because some of the offenses committed by military members are unique to their circumstances where regular community members would not have to face the same consequences. Native American courts, also known as Tribal courts, consist of approximately 400 justice systems throughout the Nation. These courts have “ civil jurisdiction over Indians and non- Indians who either reside or do business on federal Indian reservations . They also have criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.” ( Tribal Court Systems, 2023 ). These courts are different from the United States government courts due to the fact that they generally only oversee Tribal members opposed to the general public.
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Works Cited Branches of the U.S. government . USAGov. (n.d.). https://www.usa.gov/branches-of- government#:~:text=The%20ability%20of%20each%20branch,agencies%20and%20high %20court%20appointees . Clark, B. R. (n.d.). The supremacy clause as a constraint on Federal Power . Scholarly Commons. https://scholarship.law.gwu.edu/faculty_publications/439/#:~:text=The %20Supremacy%20Clause%20establishes%20a,imposed%20by%20the%20Supremacy %20Clause . Cole, C. (2023, June 16). Military court system . lawforveterans.org. https://www.lawforveterans.org/court-basics/70-about-military-courts/499-military-courts Court role and Structure . United States Courts. (n.d.). https://www.uscourts.gov/about-federal- courts/court-role-and-structure#:~:text=The%20judicial%20branch%20decides %20the,should%20be%20done%20about%20it .
Roles and Responsibilities of a Criminal Defense Attorney . Hg.org. (n.d.). https://www.hg.org/legal-articles/roles-and-responsibilities-of-a-criminal-defense-attorney- 41544 Specialty Courts - pinal county attorney’s office . Pinal County Attorney’s Office - Kent Volkmer. (2020, December 30). https://pinalcountyattorney.org/criminal-justice/specialty-courts/ The supremacy clause . National Constitution Center – constitutioncenter.org. (n.d.). https://constitutioncenter.org/the-constitution/articles/article-vi/clauses/31 Tribal Court Systems . Tribal Court Systems | Indian Affairs. (n.d.). https://www.bia.gov/CFRCourts/tribal-justice-support-directorate What does a prosecutor do? | lawyers.com. (n.d.). https://www.lawyers.com/legal- info/criminal/criminal-law-basics/keeping-law-and-order-the-prosecutor.html