Criminal Courts

In: Social Issues

Submitted By mjchapma
Words 768
Pages 4
Courtroom work groups
Melissa Manciel
CJS/201
8/03/15
Robin Clawson

Court room
When you have reached this point in the judicial process, lives can be changed. Making the wrong decision can allow your life to be altered. There are selected groups of people who help the process of these proceedings. This is the time where a person is considered innocent until proven guilty. As time progress, the process will change and the roles themselves may change. The state courts hear civil, juvenile, drug, traffic, and family cases. While federal courts review cases where federal statues and issues between states are presented. In addition, the appellate court reviews the decisions made in state and federal courts. There is one court in this country that has its own set of rules and guideline that are not set forth by the state or federal government and that is the tribal courts. They have their own set of codes and provisions that they operate under. As I reviewed the tribal courts, I learned that no tribal courts are the same or follow the same guidelines. Therefore, as we review the roles and the workgroup within these courts remember that no two courts and no two cases are the same.
Criminal Courts
There is a collective group of people and they all play an important role in the courtroom. The judge is the head role on a courtroom; they review evidence and hand down sentencing over each case. They also make sure that the court cases are processed properly and by the guidelines at forth in the federal or state are being meet and they are far under the law.
The witness plays an important role in the prosecution and the defense’s case. Their testimony can change the outcome of a case. There are two type of witnesses: lay witnesses are eyewitnesses or a person who has first-hand knowledge of the crime. Then there are expert witnesses who have a special skill or/and…...

Similar Documents

History of the Criminal Court System

...History of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established.  Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes.  These were considered judge made laws.  Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003).  It was important for judges to use this procedure, making it a less difficult to prosecute each case independently.  According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws.  As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases.  Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law.  The changes came about, when the common laws were......

Words: 1086 - Pages: 5

Court

...been attending court everyday for different reasons. Those reasons can be for traffic violations, civil law suits, or unlawful criminal acts that are committed. These acts are all handled and disputed in a court of law. The courts are empowered to make fair and blending decisions upon the facts that are provided through out the court hearings. As we know there are two types of courts such as civil court and criminal court and it is very important that we understand the differences between the two. The civil courts handle resolutions between private parties that usually consist of one party suing one another for some type of monetary damages. The criminal courts alleged offenders that are suspected for crimes that they committed and which at times they end in freedom for the offender or and prison cell. The court system is judicial brunch of government which the defendants go before a judge and their peers and to defend their innocence of a crime that they committed. The major role of the court is to settle people’s disputes in a civilized manner. Our court system is divided into four major components which are to uphold the law, protect individuals, resolve disputes, and reinforce social norms. The Untied States court system is run by a dual court system. There are two types of systems that make up the dual court systems and they are the Federal and State. The dual court system refers to the fact that the US has a federal court system and forty separate state court......

Words: 748 - Pages: 3

Court

...II. Defendant # 1 Manny Ramirez Age: 21 * Criminal History * Disordering Conduct, Sentenced to 30 days in jail, one year probation (1) * Possession of Marijuana, Sentenced to 60 days in jail, 2 years probation (2) * Theft by shoplifting, Sentenced to 60 days in jail, one year probation (2) * Total Criminal History (7) * Current Offense (Base Offense Level and Total Offense Level) * Manny Ramirez was taken into custody with possession with intent to distribute more than 1, but less than 3, kilograms of marijuana. The undercover officer who made the arrest reported Ramirez having a loaded 9mm handgun on his person. * According to the §2D1.1 Guidelines Manual, at least 1 KG but less than 2.5 KG of Marijuana , results in a Base Offense Level (10) * Possession of a dangerous weapon increases this by 2 levels * Total Offense Level (12) * Guideline Range of Imprisonment 21-27 months Defendant #2 Martha Stewart Age: 42 * Criminal History * Operating a Vehicle While Intoxicated, sentenced to 30 days in jail, 2 years probation. (1) * Prostitution, all jail time suspended, placed on probation for one year. (0) * Total Criminal History (3) * Current Offense (Base Offense Level and Total Offense Level) * Martha Stewart was arrested for the distribution of more than 10, but less than 15 grams of cocaine base......

Words: 1362 - Pages: 6

To What Extent Do the Courts Accept That Circumstances of Necessity Can Provide a Defence to a Criminal Charge?

...defence while duress and duress of circumstances are criminal defences. Therefore in order to fully answer this question we must explore the defences of duress, duress of circumstances for criminal law and the defence of necessity for civil law and determine to what extent they provide a defence. In the case of Valderrama-Vega (1985) the D smuggled cocaine due to threats on his life and threats to disclose his homosexuality. The Court of Appeal quashed his conviction because the Jury did not look at the cumulative effects of all the threats that were made to him. A two stage test was introduced in the case of Graham (1982) when the D helped kill his wife because he was threatened by his homosexual lover. Was the D compelled to act as he did because he reasonably believed he had a good cause to fear serious injury or death? If so, would a sober person of reasonable firmness, sharing the characteristics of the accused have responded in the same way? As we can see by these two cases, the Courts are prepared to accept the defence when the D life is being threatened. In the case of Matrin (DP) (2000) the D suffered from a schizoid-affective state which would make him see things as threatening and believe the threats would be carried out, therefore the Court held that the correct test should have been whether, in view of the D condition, he may have reasonably feared for his own or mothers safety. So now we can see that the Court includes danger to oneself and others as well as......

Words: 1211 - Pages: 5

Criminal Courts Course Brief

...Hamdan, being charged with conspiracy in the United States District Court in the Western District of Washington, argued against the procedural safeguards he was guaranteed under UCMJ and the Geneva Conventions. Hamdan filed for a writ of habeas corpus and was granted so by the United States District Court for the District of Columbia. As proceedings before military commission commenced, the Combatant Status Review Tribunal, held Hamdan for the time being as an “enemy combatant”, after review in compliance with a military order that had been issued July 7, 2004. The United States District Court for the District Court of Columbia agreed with Hamdan’s allegations that the military commission created to try him, was indeed in violations of the Geneva Conventions and the UCMJ. The Court of Appeals for the District Court of Columbia reversed the actions and stated that a trial before military commission would not violate the UCMJ or Geneva Conventions and that the Geneva Conventions did not apply to Hamdan. On November 7, 2005, the United States Supreme Court granted certiorari to decide whether the authority was there to be tried by military commission and how the Geneva Conventions would be displayed. Issue: Whether Hamdan was triable my military commission and whether he was subject to UCMJ and Geneva Conventions Holding: No. The United States Supreme Court reversed The Court of Appeals for the District Court of Columbia’s decision. The Charge does not support the......

Words: 796 - Pages: 4

Court

...Week 1 Assignment State Court System Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case. Superior Courts handle: * All criminal cases (felonies, misdemeanors, and traffic tickets) * All civil cases (family law, probate, juvenile, and other civil cases) * Appeals of small claims cases and other civil cases worth $25,000 or less * Appeals of misdemeanor cases Appellate Courts There are two types of Appellate Courts: * Courts of Appeal * California Supreme Court There are 6 Courts of Appeal and one California Supreme Court. Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: * First District: San Francisco * Second District: Los Angeles * Third District:Sacramento * Fourth District: San Diego (Division One) * Fifth District: Fresno * Sixth District:San Jose People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made.......

Words: 801 - Pages: 4

Courts in Our Criminal Justice System: Plea Bargains

...The Courts in Our Criminal Justice System: Plea Bargains Class: CJS220 Instructor: College: University of Phoenix, Axia College The purpose of plea bargains are for defendant's to plea guilty to a lesser charge/offense or to a least one charge especially if there are multi-indictments. Pleading guilty for a lighter sentence that what a defendant could get with out the plea bargain. Defendant's will plea guilty in hopes of leniency, and at least 90 percent of criminal cases end in a plea bargains. The main three plea bargains involves in a reduction, but the reductions are not done the same way. The first type of plea bargain. is called charge bargaining. This is where the defendant pleads guilty for an exchange in reduction to the severity of the crime and charges. The second type of plea bargains is called sentence bargaining this is where a defendant pleads guilty and are promised a lighter or alternative sanctions. This type of plea bargaining is most common in murder trials where the defendant will plea guilty to avoid the death penalty. The third type of plea bargains is called count bargaining, this is where a defendant can have the number of charges reduced when he or she is being charged with separate counts. Charge bargaining positive would be in order to get a confession out of the offender you would offer a reduction of the crime and charges. A positive would also be if the prosecution wanted to find a body of the victim. The negative is having......

Words: 740 - Pages: 3

History of the International Criminal Court

...Nations states that the General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind committed during World War II in 1948, following the Nuremberg and Tokyo Tribunals. At the request of the General Assembly, the International Law Commission drafted two statutes by the early 1950s but these were shelved as the Cold War made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz, an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve military trials held by the U.S. authorities at Nuremberg, later became a vocal advocate of the establishment of an international rule of law and of an International Criminal Court. In his first book published in 1975, entitled Defining International Aggression-The Search for World Peace, he argued for the establishment of such an international court. The idea was revived in 1989 when A. N. R. Robinson, then Prime Minister of Trinidad and Tobago, proposed the creation of a permanent international court to deal with the illegal drug trade. While work began on a draft statute, the international community established ad hoc tribunals to try war crimes in the former Yugoslavia and Rwanda, further highlighting the need for a permanent international criminal court. Following years of negotiations, the General Assembly convened a conference in Rome in June......

Words: 448 - Pages: 2

American Criminal Court System

...American Criminal Court System Kabie Goss CJA/224 July 14, 2014 Samyra Hicks American Criminal Court System When thinking about the American Criminal Court System, there is a lot to think about. Most cases are not just opened and closed in one day like they are on television, and there are different courts to handle different situations. In this paper I will be describing what a court is and its purpose, as well as defining what the dual court system is. I will also describe the role that early codes, common law, and precedent played in the development of courts. Lastly, I will identify the role of the courts in criminal justice today. Court and its Purpose Merriam-Webster defines a court in three different ways, but they all seem to intertwine. The first definition is; “a formal legal meeting in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law.” The second being, “a place where legal cases are heard.” The third definition states, “An official group of people (such as a judge and jury) who listen to evidence and make decisions about legal cases.” There are many different types of courts at the local, state, and federal level. Courts can hear both civil and criminal cases. The purpose of the court is to settle legal disputes whether civil or criminal, through a legal process, while protecting the rights and liberties of everyone involved, and to administer justice...

Words: 1147 - Pages: 5

The Courts in Our Criminal Justice System

...The Courts in Our Criminal Justice System Wednesday, August 10, 2011 After reviewing the difference between the Texas Court System and The Federal Court System, I have learned that each function quite differently, but in the end have a common ground to what is expected of the Laws of The Land. For instance, the structure is different in various way such as: the Federal Court System in Article III indicates how the Constitution devote the legal power of the United States in the Federal Court System - as well as -Congress using its power to institute the thirteen U.S. Court of Appeals, the 94 U.S. District Courts, and more. Whereas, in Article V, the Texas Constitution devotes the legal power of the state in the Supreme Court, Court of Criminal Appeals, Courts of Appeals; along with other courts. Moreover, parties that are disgruntled with the choice of the trial court, may forward their cases to the intermediate Court of Appeals for additional assistance. Additionally, the Court of Criminal Appeals, levers equally obligatory and unrestricted affairs. (Texas Courts Online). The types of cases that are heard in a Federal Court are: Constitutionsl Law, Laws and treaties of the U.S., Ambassadors and public ministers, Disputes between two or more states, Admiralty law, and Bankruptcy. Cases heard in the Texas Court System are: Probate, Personal Injuries, Nearly all Criminal Cases. Family Law, Juvenile cases, Small claims, and traffic cases.(Texas Courts Online). As a......

Words: 304 - Pages: 2

Criminal Court Experience

...For my criminal court experience I was visiting a friend of mine who is in Suffolk Law School in Boston, Massachusetts. I went to a criminal court with him because I had nothing else to do that day. When I went I had not taken this class before and he was in his first year at law school. As part as his study plan he too had to observe a criminal court. At the time I was not as interested in the case but I was able to take a few key findings away from my experience. As I stepped into the court room I was able to come across a post-arraignment court. I thought this would be the most interesting side of our criminal justice system. The post-arraignment is where the judge will enforce the punishment and making sure any restitution was paid for based on the crime that was conducted. Given my minimal experience of what went on inside a court room the most surprising thing I noticed right away was how much power the judges had. The judge is always addressed in a formal way and will even sit higher than everyone else. This legitimate power was respected despite even the most dangerous criminals and well educated lawyers presented. The social training that we learn throughout our lives is always to respect judges. The same goes for policeman but many people disregard officers and their power. The same was not true for judges. This was a very surprising to me given both careers have an impact on people’s lives. I was lost in thought as these observations went through my mind. It’s......

Words: 789 - Pages: 4

Criminal Courts That Hear Cases Involving Adults

...Including Appeal courts outline the criminal courts that can hear cases involving adults. Outline the types of criminal offences that are dealt with by these courts (10 marks) Criminal offences are classed as either summary, either way or indictable offences. Summary offences are minor, and include things such as assault and are always heard in the magistrate’s court. Either way are middle ranking offences such as theft and can either be heard in the magistrates or crown court. Indictable offences are the most serious such as murder and are always heard in the crown court. From the magistrates court the D can appeal to the crown court against their sentence and also against conviction but only if he pleaded not guilty. If the appeal is against his conviction the case is completely reheard by a judge and two magistrates. If the appeal is against the sentence the crown court can confirm it or decrease or increase it. Both the prosecution and defence can appeal to the High Court, Queen’s bench division by way of case stated, which is an appeal on a point of law. There is a further route to the Supreme Court on a point of law of general public importance. Both can also appeal if they feel there has been bias in the case and can seek Judicial Review. The D can appeal from the crown court against conviction and/or sentence to the Court of Appeal but they must get permission to appeal from the CA. They can appeal if their conviction is unsafe and they can have their conviction......

Words: 312 - Pages: 2

The Argument for a Constitutional Right to Representation at Bail Hearings in All Criminal Cases in State Court

...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of......

Words: 7110 - Pages: 29

Outline the Criminal Courts and Appeal System.

...Outline the criminal courts and appeal system. (10 marks) The courts of first instance in the criminal court hierarchy are the Magistrates’ Court and the Crown Court. The Magistrates’ Court conducts trials of both summary and either-way offences that are to be tried summarily, such as theft, while the Crown Court deals exclusively with serious criminal cases, trying indictable offences such as murder, or either-way offences which are to be tried on indictment, such as theft. In the event that a party to a case wishes to appeal against the conviction or sentence awarded by the Magistrates’ Court, the case is then heard on appeal by the Crown Court. Cases can also be heard on appeal from the Magistrates’ Court by the High Court (Queen’s Bench Division) by way of case stated on point of law. Cases heard in either the High Court or Crown Court are all heard on appeal at first by the Court of Appeal (Criminal Division) and then to the Supreme Court, which is the final court of appeal available. Appeals from the Crown Court, which are heard by the Court of Appeal, can be due to several grounds, including misdirection of law or facts and jury irregularity. The Court of Appeal has the power to quash convictions or even order a new trial. Each criminal case is sent to the Magistrates’ Court at first, for either bail hearings to be conducted or plea entry hearings. Where the offence charged is an indictable offence, a Magistrates’ Court will conduct sending for trial......

Words: 303 - Pages: 2

Criminal Law and the Supreme Court

...Criminal Law and the Supreme Court William Howard Taft the president of the United States from 1909 to 1913, who also was the Chief Justice, stated “Presidents come and go, but the Supreme Court goes on forever”. Currently that holds true. The first Supreme Court was called to assemble February 1 1790. It was then when they established their powers and duties. The Supreme Court of the United States now has one chief of Justice and eight Associate Justices. The Supreme Court of the United States is the highest judicial body in the United States. This paper will discuss a Supreme Court case. It will review some interesting facts on the case. The paper will also be about what are the various elements of a crime as well as accomplice liability and criminal liability. The elements of crime are actus reus, mens rea, and concurrence. In the case of the Supreme Court vs. Joel Tenenbaum who is a criminal of a different sort. Joel Tenenbaum is a former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet. In 2009 a jury ordered Tenenbaum to pay after the Recording Industry Association of America sued him (Arizona Republic 2012). The three elements of Actus rues involve an act that causes harm or condemned in a statue. Joel Tenenbuam did an act of downloading and causes harm financially to the Recording Industry and is condemned in a statue. "I can't believe the system would uphold a six-figure damages amount for......

Words: 618 - Pages: 3