ABSTRACT
For some individuals the courts system is just a building with criminals standing trial for crimes they are suspected of committing. In reality the courts system involves much more than convicting criminals. In an attempt to educate, this paper will take a look inside the courts and hopefully give those reading a better understanding of the courts.
STATE AND FEDERAL COURTS
The United States has two court systems with many courts within each system, so when an individual speaks of court it can be confusing to understand which court one is referring to. The State has its own set of courts, and according to the United States Courts website, each state has, “(1) two sets of trial courts: (a) trial courts of limited jurisdiction (probate, family, traffic, etc.) and (b) trial courts of general jurisdiction (main-trial level courts); (2) intermediate appellate courts (in many, but not all, states); and (3) the highest state courts (called by various names.)” (Understanding Federal and State Courts, 2011). In this writing we will review the trial courts as the appellate and higher state courts do not apply at this point.
No matter what the issue is there are laws that must be followed in order to process through the court system. Take the criminal trial process for example; first there must be a crime, substantial reasoning or proof to suspect an individual of the crime. An example of substantial proof, commonly referred to as probable cause, would be an accusation. Alone the accusation does not hold much weight because it is something that can be refuted.
When an individual is arrested for a criminal offense, the individual is then placed in handcuffs, read his or her Miranda rights and taken to jail. The type of crime determines if the individual is released from jail or given the opportunity to pay bail to secure his or her release. An individual who is arrested and placed in jail will receive an initial hearing within forty-eight hours (The Criminal Justice System Criminal Justice in Action: The Core, (p.224),(2006).
When an individual is not arrested, the person who accuses the individual of a crime must go before the magistrate and swear out a warrant on the suspected individual. The individual will either be arrested or mailed a letter informing him or her of the warrant for his or her arrest. If the crime is found to be serious, the police will seek the accused and arrest him or her. When the accused in not considered a threat to society he or she will receive notification in the mail to go to the magistrate’s office to be served. The letter also informs the individual that the police can arrest him or her if they are stopped by the police for any other reason.
Ever wonder what due process is and how it shapes the legal system? Due process made its appearance in the Fifth and Fourteenth amendments to provide individuals with protection from unfair procedures. Due Process protects individuals under the Fourteenth Amendment within state and local governments while it protects individuals under the Fifth Amendment from the federal government. Under the Fourteenth Amendment no individual should be deprived from his or her constitutional rights of life, liberty, and property from state and local governments, and this holds true for the federal government under the Fifth Amendment (Judicial Interpretation of the Fourteenth Ammendment, 2011).
Law Enforcement and the Constitution guide the trial process in by limiting what can and cannot be done in a court of law. It is the judge who makes decisions on how to apply laws that may be used in the prosecution or defense. In a criminal trial the defendant has the right to a jury of his or her peers, but he or she may choose a bench trial. Bench trials are more common in traffic court settings (Criminal Trial, 2002).
It is at this time that the prosecution will review the case and determine whether a jury trial or a plea bargain will better serve the victim and the community. If the prosecution has a solid case, he or she may not offer a plea bargain to the defense. The victim must be made aware of plea bargains, but cannot have the final say in the matter because the prosecuting attorney must do what is best to obtain a conviction for the greater good.
The judge will listen to evidence and testimony and determine what is suitable for jury consideration. The jury will receive instructions about the goal of the trial and will be led to the jury room for deliberation after the testimony and evidence has been heard. Once the jury agrees on a verdict, the bailiff is notified and the court is reconvened in order to read the verdict into the court of record.
In criminal cases, the prosecution works for the state and the victim. It is his or her duty to investigate, compile evidence and be aware of any attempts at escaping justice. The defense attorney must also investigate, compile evidence against the prosecution’s evidence and look for legal ways to sway the jury to the defendant’s side. It is a battle without weapons, but hard work and strong evidence will hopefully prevail.
References
Criminal Trial. (2002). Retrieved May 4, 2010, from In World of Criminal Justice, Gale.: http://www.credoreference.com/entry/worldcrims/criminal_trial
Judicial Interpretation of the Fourteenth Ammendment. (2011). Retrieved March 17, 2011, from United States Courts: http://www.uscourts.gov/EducationalResources/ConstitutionResources/LegalLandmarks/JudicialInterpretationFourteenthAmmendment.aspx
The Criminal Justice System Criminal Justice in Action: The Core. ((p.224),(2006). Wadsworth,a division of Thomson Learning, Inc.
Understanding Federal and State Courts. (2011). Retrieved March 17, 2011, from United States Courts: http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx