Summary:
There are many serious grievances, inequalities and flaws in the US judiciary system, Things such as a bail system that often penalizes the poor, plea bargaining and backlogged criminal courts, can be solved by serious governmental reform.
The role of English Common Law tradition as a model for the American legal system
Common Law is generally referred to as the cumulative body of judicial decisions, customs, and precedents; rather than by created law or statute. In twelfth century England, judges began to make important decisions themselves, acting as their own political institution, in contrast to the already existing legislators of the time. When deliberating on cases, many judges followed the practice of 'stare decises' which means to "stand by past decisions." For the most part, judges attempted to find a new precedent by analyzing previous cases involving similar circumstances. Much of England's common Law has influenced America's legal system tremendously. We took the basic principles of common law and wove them into our form of judicial decisions, creating statutory law. This is any statute or law that is enacted by Congress, state legislators or local governments . Many of these "statutes" embody basic principles of common law.
The Concept that the Supreme Court is a political institution
One of the main purposes of the United States Supreme Court is to make both policy and law. By giving the constitution contemporary meaning, through it's ability to render a recent issue constitutional or not, the Supreme Court ultimately makes political and policy choices. The Supreme Court is a political institution because of its capability to arrive on decisions on "controversial questions of national policy."semblance warrented
The historical development of the Supreme Court's power of judicial review
When the United States Supreme Court was first established, it did not hold much power in government. This is because the framers of the constitution left the precise role of the Court up to interpretation, while the other two branches had a more specific role in our government. Today however, the Supreme Court's role in our government is a hotly contested issue for many. Some believe that the Supreme Court yields too much power. Many are fearful that because the justices are not popularly elected, the Court should move cautiously and avoid "legislating" social change. Another view holds that the Supreme Court is fair in that it bases it's judgements on the concept of "majority rules", a concept often referred to in the Constitution. Either way, like it or not, the Supreme Court holds the power to determine the constitutionality of a law passed by Congress and signed by the President. This process is known as judicial review. The power of judicial review was not always a part of our judicial system, until 1803 when the case of Marbury v. Madison was decided. This case paved the way for other courts to decide for themselves what was constitutional or not. Many decisions using the power of judicial review have been made throughout the years, many according to the political climate of the time. The court of Roger B Tanney for example, used the power of judicial review to decide that the Fourteenth Amendment did not apply to African Americans. During Earl Warrens sixteen years as Chief Justice, the SC had a profound impact on politics and government in America. The court outlawed official racial segregation in public schools, set strict national standards to protect the rights of criminals and ruled that prayer in schools is unconstitutional. The Burger Court legalized abortion, and protected the rights of minorities. Lastly, the Rehnquist Court shifted in a more conservative direction. It gave public schools the right to censorship and gave the rights of officers to search trash without a warrant.
Ways in which Congress and the President can influence or overturn the Court's rulings
It seems the only influence the President has over the decisions of the Supreme Court is when he or she nominates a candidate that is a member of his or her own political party. It is assumed that the candidate will make landmark decisions based on the political beliefs and ideals that they hold. Congress on the other hand, holds more power over the Supreme Court. Congress can control the SC's jurisdiction. An example used in the text is after the Civil War, Congress blocked the Court from reviewing Reconstruction laws. Congress also has the power to overturn a SC case by amending the Constitution. The Sixteenth Amendment passed by Congress in 1909 was adopted as a direct result of a SC decision. In 1895 the Court had ruled unconstitutional an attempt by Congress to levy a national income tax. Finally, Congress may attempt to overturn SC rulings by passing legislation.
The 'dual court system' of the US
The United States judiciary system can be broken up into two parts; the Federal Courts and the State Courts. At the top of this system is The Supreme Court. The majority of the cases that are brought to the judicial branch are often dealt with in the "inferior" courts. These are typically known as circuit courts. The US is divided in to 13 circuits, each with it's own court of appeals. Each court of appeals has from 6 to 28 judges. These courts typically hear about 61, 000 cases each year, dealing with appeals from lower federal courts and review the decisions of federal regulatory agencies. The federal district courts are below the circuit courts. These are the trial courts; they handle cases involving disputes between citizens of different states, and violations of federal law. Congress has created different "special federal courts" to handle certain kinds of cases. The US Court of Federal Claims has jurisdiction over claims for income tax refunds, the US Court of Appeals for the Federal Circuit hears copyright cases and the US Tax Court which hears a variety of tax cases. The state court system are the ones that handle the most court cases in the US. They are broken up into six different courts. Magistrate's courts are courts in which justices of the peace handle misdemeanor charges. Municipal courts are known as city courts, traffic courts and night courts. County courts try felonies. Special jurisdiction courts are handled at a county level to handle domestic relations, juveniles, probates of will and estates. The court of appeals often called state supreme courts, are the final judicial tribunals in the states, All federal court judges are appointed by the president and are subject to senatorial approval. State and Local judges are elected.
The use of plea bargaining
Plea bargaining is the process of acquiring guilty pleas as a result of negations and back stage discussions between the prosecutor and the defense counsel, often resulting in a lesser sentence for the defendant. Plea bargains however, sometimes serve as a hindrance to the defendant, while saving the government time and money. When the defendant agrees to a plea bargain, he or she goes through the plea bargaining process. A defendant will plead guilty to a less serious charge, and often is convinced to become a witness for the prosecution. In return, the prosecutor agrees to reduce the charges brought against the defendant. Often, the accused person will get a lighter sentence. However, this is not always the case. Some judges do not act on the will of the prosecutor. Plea bargaining can often result in an innocent person pleading guilty to a crime he or she did not commit. Some judged do not act on the will of the prosecutor. Plea baragining can often result in an innocent person pleading guilty to a crime he or she did not commit. However this is not always the case.
The continuing controversy of capital punishment in the United States
In January 2000George Ryan, the Republican governor of Illinois halted all executions in his state . This was the first time the governor of a state declared a halt to executions. He did this because of the increasing amount innocent people who have been put to death. Is action mirrored increasing concern in the US that the death penalty resulted in the execution of people not guilty of the crimes for which they were committed for. In 2002, more than 3,500 convicts were on death row, the largest population in any country in the world. Between 1972 and 1976 the SC suspended the death penalty. It had ruled out any executions under any law and held that capital punishment was unconstitutional. In years following the decision, many states and the federal government passed new legislation allowing for the death penalty to occur in certain extreme situations. In 1976 however the SC overturned it's previous decision, and ruled the death penalty to be constitutional. They ruled that judges and juries could impose a death sentence as long as they had accurate and sufficient evidence to determine whether the sentence was appropriate. Proponents of capital punishment believe that the death penalty will deter more murders from occurring. A number of studies however, have shown that capital punishment is not an effective deterrent to murder. The inequities and flaws of the American System of justice and summation.
There are many serious grievances, inequalities and flaws in the US judiciary system, Things such as a bail system that often penalizes the poor, plea bargaining and backlogged criminal courts, can be solved by serious governmental reform. Some suggestions are appointing more judges, strengthening law enforcement, improving juvenile facilities and so forth. These reforms can help better the judiciary system in tremendous ways. According to the text, the resolution of conflict in American society through law, rather than by force, depends on public confidence in the courts and in the process of justice. Only then will justice truly be served in the right ways.
Governmental judiciaries have the right the power over to the states.
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