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the american judicial system
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(ENGLISH VERSION)
INTRODUCTORY
The former INS Service (currently denominated USCIS, ICE, and CBP) of the United States has been required to educate immigrants, such as yourself, appropriate and beneficial information regarding the American Judicial System as a mission assigned to the Elite Branch of the INS's USCIS branch. The following documents will explicitly inform the immigrant body of the American judicial system, its significance, and its purpose within the American government. If you wish to learn more about us and how you can help US Homeland Services, go to our website, at USCIS: https://www.uscis.gov/ or our other branch websites, or contact us at 1-800-375-5283.
INDEX
•Introductory ………………………………………………………….…(i)
•Index …………………………………………………………………..
…show more content…
Within the preceding days, there will be a trial. The individual filing the court case against the other is known as the "plaintiff," and the individual with the case filed against them is known as the "defendant." In a criminal case, the plaintiff is the law enforcement and legal body; in a civil case, the plaintiff is another individual, a group of people, or a private organization that seeks justice by the law, usually by suing the defendant, or filing a legal case against them. In a court trial, there is typically a jury, or a group of twelve law-abiding citizens with the responsibility of turning an impartial eye to the case being presented in front of them. The judge, or magistrate who observes and analyzes court cases, regulates the court case. During the case, witnesses, or people who encountered a firsthand experience significant to the case take place, may be sworn in to testify. Upon the finalization of the court hearing, a verdict, or decision regarding a legal case, is reached. If the defendant is acquitted by the judge/jury, the individual is found not guilty of said crime and is free of charges. If any party of a case deems the verdict unsatisfactory, they may appeal to a higher court to have the legal case reviewed once
U.S. Department of Homeland Security. U.S. Citizenship and Immigration Services, (2013). I-140, immigrant petition for alien worker. Retrieved from website:
The Role of Courts in American Politics The third branch of the federal government is the judicial branch. Before the existence of the Constitution, a system of state courts was in place. Through much controversy and compromise a decision was accomplished, which put in place the Supreme Court. In Article III, Section 1, "The judicial power of the United Statesshall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court was initially set up as a part of the separation of powers in the American political system.
The federal government provides a protected status, Special Immigrant Juvenile Status (“SIJS”), to immigrant youth that cannot be reunited with one or both of their parents due to abuse, neglect, abandonment, or another similar basis under state law. In order for Tatiana to be eligible for SIJS, federal law requires that a “juvenile court” issue a special finings order, an order that states the necessary factual findings that are a perquisite to petition United States Citizenship and Immigration Services (“USCIS”) for SIJS.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
witnesses. These are then cross-examined by the defence. The defence is not obliged to call evidence and the defendant is not
Trial court is the first step in taking a case before a judge or a jury. A trial court is where disputes should be handled. In trial court a case can be criminal or civil to be heard at this level. In trial court a judge or a jury can hear testimony and listen to what witnesses have to say. Once the evidence and testimony is heard a judgment must be made that follows the law. Also evidence can be provided and in this case of a car being damaged things like photos or estimates of repairs can be submitted for consideration.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not allowed to appeal a not guilty verdict. The sentencing in criminal cases with a guilty verdict, however, may be appealed by either the defendant or by the prosecution (uscourts.gov, 23).
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Both parties present their cases before a judge who moderates and a jury of people with no legal training decides on the facts of the case. The judge evaluates the evidence, the jury decisions on the facts and applies the appropriate law to it, then provides a judgement in favour of one of the parties. After the decision, if one of the parties believes it was unfair, he may appeal it to a higher court, in such appeal; courts may only review findings of law, not the facts.
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.
Human services provides help to individuals, families and children that are in crisis or have needs that are not being met. One of the systems within human services focuses on upholding the law to the fullest extent. According to the National Center for Victims of Crime “The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws”. In other words this system seeks out to provide justice and safety for victims of horrendous crimes while also prosecuting those who commit these crimes. This system is in place in order to protect and serve the many individuals in the U.S be it at a local, state or federal level.