“Distinguishing Rights have granted us so that
“Distinguishing Features and Characteristics of Major Court Systems” CJA500: Survey of Justice and Security Professor Steven Duplissis 03-01-10 Court structures obviously play a critical and instrumental aspect of the judicial process. This is where victims, suspects, plaintiffs, and arguments are made. Here parties either appeal a decision, accept punishment or decide whether or not their case should go to trial. But before this process begins, we should first get a good understanding of the court structures and what court system hears what cases.We first have local courts, state supreme courts, courts of appeal federal district courts, and finally the federal Supreme Court, the big boy court. Being familiar with court systems myself where I have had to testify, our court structure is similar to the research provided.
Beginning with local courts where these courts hear all misdemeanor cases, infractions including traffic rulings. These cases usually are heard out by a judge and a ruling is given immediately. Now this isn’t to say that if a suspect or even a victim is not pleased with the ruling that the case cannot proceed to the superior court for further ruling.Ultimately if the parties are still not pleased, the case will proceed to the court of appeals. And still, if a party is still not satisfied with his/her due process that every citizen is allotted, the case will go to the state supreme court where the case will be thoroughly reviewed by a panel of several judges from all previous courts to determine if any oversight had been committed. So to better explain what the US Constitution and Bill of Rights have granted us so that all man/woman is treated equal with justice until proven guilty, different court structures with different cases have been established.Earlier I mentioned and described local courts hearing minor offenses and civil matters under $4000.
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00. If an offense resulting in a felony or civil disputes surpass the $4000. 00, these cases are set before a judge in the superior court where an arraignment is given so the charges are presented to all parties involved. This then continues in the superior court with a preliminary to allow statements including witnesses, evidence, to include circumstantial evidence, and anything that will be admissible in court in case this case goes to trial.This process is usually lengthy in that after each hearing, the case needs to be put on calendar among many other cases.
Usually these cases involve parolees whom are 2 strikers and fighting to prevent getting a 3rd strike meaning they will go to prison for a very long time. Or even a first time offender being charged with a felony, many times they will fight the charge due to the severity of the charge. After this process is complete and the case goes to trial in the superior court a ruling will be given.
Many times this completes the hearing on the case and the suspect will receive his/her charge and receive their punishment.If the suspect or even the victim, very rare with a victim, but are not pleased with the ruling or believe that their judicial rights were not given. Or they feel that they did not receive their due process which like I mentioned everyone, good guy or bad guy are allotted they have the right to have their case heard in the courts of appeal. Now usually in this setting, the ruling is looked at to ensure that the ruling is consistent with the laws that govern of court structures.
Meaning that no one’s rights were violated and the ruling on the case was unbiased and so forth.Also this is also where this case is compared with any similar hearings that have established precedence. A case will then be heard and forwarded to the State Supreme Court t so that the Supreme Court can interpret how the law is to be set forth.
They will ensure that the punishment meets the crime and ensure that the crime meets all the elements of the crime committed. Many times at this level if a case has been handled injustice or a ruling still is within the interpretation of the law case law is now enacted so to better understand difficult cases that require a more in depth analyses.It’s very rare if a case will go to the Federal Supreme Court, the law of the land. A case must be able to change a law in order to have the case reversed. Many times if a case involving a law has been challenged and the ruling needs to be overturned, this is huge because this can affect rulings on past cases that were similar. Now this changes the precedence and many more appeals come forward. References: 1.
Superior Court of California, County of Merced. Retrieved on 03-01-10 from http://www. mercedcourt. org/ 2. Administrative Office of Courts, Judicial Council. Retrieved on 03-01-10 from the University of Phoenix Portal.