On this first week I learned so much about how criminal law is evaluated, organized, and made. Also I learned about the English common law includes legislation, and a multitude of other legal norms that help on the evaluation of criminal laws, such as federal and state constitutions that are based on congress and state legislatures. It also includes how the lawmakers are made or changed by the judicial powers of review and how the judicial power interpret them.
English common law in the past was based on the principle that the rulings made by the King's courts were made according to the common custom of the kingdom, as opposed to decisions made in local and manorial courts which judged by provincial laws and customs. Now in day this law is composed by law reports which are reported decision judges made in individual cases before court and these decision are the composition of the basis of the common law. These reports are the fundamental material about the history of critical institutions and processes of the English common law, and it is developed from ancient roots and early history and features.
On the constitution on the tenth amendment, and part of the Bill of Rights, provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted. (Tocqueville: Book I Chapter 8.)
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CT2Learn :: How the U.S. Government is Organized. (n.d.). Retrieved from http://ct2learn.com/els/index.php/member-home/learning-resources/resources/procedural-criminal-law/how-us-government-organized/
CT2Learn :: Supreme Court and Constitutional Interpretation. (n.d.). Retrieved from http://ct2learn.com/els/index.php/member-home/learning-resources/resources/procedural-criminal-law/supreme-court-and-constitutional-interpretation/
Title 13 Arizona Criminal Code, Annotated and Abridged Student Edition. (n.d.). Retrieved from http://ct2learn.com/els/index.php/member-home/cj/ebooks/az-penal-code/
Tocqueville: Book I Chapter 8. (n.d.). Retrieved from http://xroads.virginia.edu/~Hyper/DETOC/1_ch08.htm
Video Glossary: Judicial Review. (n.d.). Retrieved from https://www.youtube.com/watch?v=ZH67Q17y-NY
According to article 2 “The state's government will retain all powers that are not specifically given to the national Congress.. ” (Williamsburg, 2009) In other words the states will have all the powers that are not appointed to the national government, by the Articles of Confederation. According to article 9 “ The national congress will have the power to declare war, negotiate foreign treaties, settle disputes between states, regulate currency, direct the operations of land and naval forces, borrow money from the states.” (Williamsburg, 2009) A elaboration of this is that, The national government is limited to the powers, that are stated above, and has no control of anything else. Since the national government had little to no control over any of the state's, laws that were past inside of these states became unjust and faced little repercussions from the national government, because of the limitations that were put into place by the articles of
Stuntz discusses how there has been a big shift of power in the criminal justice system. When America was first getting started the judge had more power, but today that power has shifted and the judge has less power than the prosecutors. The federal government has big concerns in other areas, while the criminal justice is not its’ own, but works differently. The responsibility and the management of the criminal justice system belong to local elected officials, local law enforcement, and state law. Also the criminal justice system tends to focus more on the Bill of Rights, which four of them are specifically about crime in America (Fourth, Fifth, Sixth, and Eighth). Stuntz also discusses substantive and procedural law and shows how they can be related, but are also very different. Substantive law defines what a crime and what punishments fit, meanwhile procedural law is about the process the of the criminal justice system, for example, procedural law will explain the steps a police officer must take in order to have a justifiable arrest. There’s also a lot of comparison between the nineteenth century criminal justice process , and the twentieth century. In the nineteenth century, there was no elected officials the judge made all decisions, and prosecutors were only paid by cases and conviction, which caused to convict even the pettiest of crimes. Meanwhile, in the twentieth century the balance of power
According to a piece of literature “Constitutional Myth #7: The 10th Amendment Protects States ' Rights” by Epps, he states that the concept of states ' rights outdated by 1860. He explains that the original thirteen colonies in the 1700s, separated from England, were making own decisions and ignoring the rules imposed on them from abroad. During the American Revolution, the founding fathers compromised with states in order to ensure the Constitution was ratified and the create the establishment of the United States. For further points, the original Constitution actually would ban slavery, but Virginia would not allow it as well would Massachusetts would not ratify the document without a Bill of Rights, showing 10th amendment in play before it was even
Case law/Common law – body of law developed over time by higher courts. Laws are c...
The Tenth Amendment was added to the Constitution of 1787 by James Madison due to the problem with its predecessor, the Articles of Confederation. In Article 2 in the Articles of Confederation it states, “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” With states having too much sovereignty this caused an issue. Madison was a Federalist and believed that the federal government should have some control over states, therefore, he proposed the 10th Amendment. By the constitution getting rid of state sovereignty it meant Anti-Federalists fearing the possibility of a federal government with unlimited power. However, the states were able to compromise and ratify the Constitution under the agreement that powers not stated on it are reserved to the states or to the people. The 10th Amendment overall gives clarification that federal power is limited and that states or the have control on the issues not stated on the constitution. However, not everyone agreed to the 10th amendment. It was seen as
The division of power between the federal and state government shaped American history because it led to multiple challenges in the country and shaped how we work as a country today. Even today, The United States of America struggles with dividing power between the federal and the state governments, even though the Tenth Amendment clearly defines it. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This amendment states how each power should be divided. The Federal Government has all of the power that the Constitution gives them. All other powers are for the State Government and the people of that state. As a result of this amendment, decisions in our country have been impacted.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Burden of proof is beyond a reasonable doubt. Beyond a reasonable doubt is standard of proof from the prosecutor, which must be surpassed to convict an accused.
This has been neglected almost entirely in the past. We have studied the making of law sedulously. It seems to have been assumed that, when made, law will enforce itself. This is true not only of legislation but also of that more important part of our law which rests in the reports. Almost the entire energy of our judicial system is employed in working out a consistent, logical, and precise body of precedents. The important part of our system is not the trial judge who dispenses justice to litigants but the judge of the appellate court who uses the litigation as a means of developing the law; and we judge the system by the output of written opinions and not by the actual results interpretations in concrete causes. But the life of the law is in its enforcement. Serious scientific study of how to make our huge annual output of legislation and judicial interpretation effective is imperative[ Pound, R., 1907In D. A. Hedin (Ed.), Green Bag 19 ed,