A Briefing on the Process at the Federal Court Building - Assignment Example

? A Briefing on the Process at the Federal Court Building No: The US judicialsystem is comprised of Federal Court and fifty States Courts. Majority of the cases are sorted out in state trial courts, which are the lowest court in the state judicial system. Investigation and interviewing take place in order to analyze the position of defendant in the federal judicial process. Under the US law, bail can be claimed as a right by the defendant. Soon after a crime came to surface, prosecutor is called and consulted about the measures to be taken. Under the US judicial system if a defendant is arrested he or she may be produced the same day or the next day in the court of magistrate for a preliminary hearing. In the legal process, examination and direct examination are of utmost importance to prove and accused liable for punishment or not. A Briefing on the Process at the Federal Court Building Introduction The judicial hierarchy of the United States of America in the broader spectrum has two tiers, one is the federal court and the other is each state court. Majority of the cases are sorted out in the subordinate courts therefore, minimize the shifting of cases to the high court and the federal court. Usually the generalized courts in the US judicial system are circuit, superior, district and courts of common pleas. The apex court manages criminal complaints from the lodgment to its resolution or disposition through their Criminal Division. In the criminal cases, the burden of proof lies on the shoulders of the state rather than the defendants. Soon after a crime comes to surface, prosecutor is called and consulted about the measures to be taken. The legal battle, which starts from the lower court, all the way leads to the Apex Court of United States of America. This paper discusses the briefing on the process at the federal court building. Q1. US Judicial System The US judicial system is comprised of Federal Court and fifty States Courts. Each one has its own foundation and function. The U.S court system consists of many court systems, which included a federal system and fifty state systems. Each has its own structures, procedures and functions. Legal cases are to file in different subordinate courts depending on the nature of the case. In some cases jurisdiction of the High Court can directly be invoked. The legal battle lastly ends up in the Federal Court (Friedman, 2004). Multifaceted Courts Majority of the cases are sorted out in state trial courts, which are the lowest court in the state judicial system. Take the example of Simpson’s case wherein both criminal and civil trials were conducted in a California trial court. It all depends on the structure of state court system. It includes justice of peace courts, circuit courts and regional trial courts (Friedman, 2004). In the US judicial System, there are two types of trial courts: one is with limited jurisdiction and the other one with specific jurisdiction. Trial courts of limited jurisdiction can hear the civil, juvenile, minor criminal and traffic violation cases. It can also hold pre trial hearings for serious criminal offences (Friedman, 2004). Usually the generalized courts in the US judicial system is circuit, superior, district and courts of common pleas. The mentioned courts hear the cases of substantial amounts, serious crimes except those heard in the trial courts of limited jurisdiction whereas the specialized courts can hear the cases, which fall under the umbrella of specific law or Act (Friedman, 2004). The appellate courts have the jurisdiction to review the decision of the trial courts. The mentioned courts either uphold the decisions of the trial courts, set aside the decision or order retrial as the case may be (Friedman, 2004). Q2. Soon after the arrest of a person, probation officer of the court immediately interviews and conducts the investigation to know the defendant background. The information and investigation will be of great help for the judge to decide whether the arrested person should be released before trial or to impose conditionality on his or her release (U.S. Courts, 2011). At the initial stage, judge informs the defendant of the charges framed against him by the investigation. On the basis of which court is to decide that he or she should be sent behind the bars until trial is started, if found guilty. In criminal cases, if the defendant is unable to engage a lawyer, the court may appoint the state or the private lawyer at the cost of the state from the funds earmarked for the purpose. In the criminal cases, the burden of proof lies on the shoulder of the state rather than the defendants. It is the responsibility of the government to provide solid evidence against the defendants to the trial court. If the court found the defendant not guilty, he or she may be released (U.S. Courts, 2011). Q3. The apex court manages criminal complaints from the lodgment to its resolution or disposition through their Criminal Division. The respondent is charged believing that the offense has been committed. Grand jury is in fact a panel of citizens who gathered information to consider indictment of an offender. Arrest should be on reasonable grounds to ensure that the offense has been committed. Offenders if found guilty can be sentenced in shape of penalty or confinement or both. Different degrees of penalty can be applicable on the nature of crime that has committed: a) initial degree crime requires 10 to 20 years in prison. b) second degree crime attracts 5 to 10 years in prison c) first and second degree crimes invite term incarceration d) third degree crime may culminate in 3 to 5 years behind the bar e) fourth degree crime ends up to 18 months in jail and lastly a presumptive non custodial sentence on committing 3rd and 4th degree offenses. The municipal courts have the discretion to award restrictive punishment to the defendants upon conviction that may be up to 6 months and 30 days relating to the nature of the crime (Hughes, 1996). Under the US law, bail can be claimed as a right by the defendant. If bail is granted, defendant is released until the case is decided. Nevertheless, the defendants have to assure to the court that they will appear in the court as and when required. They have to surrender surety amount, as the competent court may deem fit and appropriate. The other option of the defendant is personal bond, which in fact an undertaking to the court of law to appear on the date of hearing otherwise surety amount will be confiscated (Hughes, 1996). Q4. Soon after a crime came to surface, prosecutor is called and consulted about the measures to be taken. In this respect, Assistant Attorney establishes contact with an investigating agency to assign the case to collect material information and evidence that helps in framing the charges against the alleged accused person. Some of the popular agencies in the US are Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA) and the United States Secret Service (USSS). The agency whom mentioned task is assigned is to explain what happened at the scene and who witnessed it to understand the details of the case by the prosecutor (Neubauer & Meinhold, 2009).. Following evidences have a crucial role to play against an accused person or accused persons: Direct Testimony The prosecutor on the basis of gathered information and statements establish a strong case against a person or persons involved in it. “Direct testimony” is that who saw or heard someone committing a crime (Friedman, 2004). Indirect Testimony The other sort of testimony is “circumstantial evidence”. It means information is gathered indirectly which of course not relied upon a person’s firsthand experience (Friedman, 2004). Under the US judicial system if a defendant is arrested he or she may be produced the same day or the next day in the court of magistrate for a preliminary hearing. In the course of preliminary hearing, the defendant will get to know about his or her rights or charges against him. Court provides the opportunity to the defendant to engage a lawyer if not engaged. The judge is to decide about the release of a defendant on bail or send him to prison for incarceration. The judge at the same time considers the defendant’s potential l threat to the community while deciding the case (Neubauer & Meinhold, 2009). The prosecutor’s duty is to convince the judge about the committed offence that deserves punishment. The prosecutor has to put in efforts for weeks and months to prepare the case. The prosecutor who becomes well versed with the facts of the crime can have a word with the witnesses, minutely study the evidence, problems that could arise during the course of trial and evolve a strategy to cope with. This is called moot court (Hughes, 1996). As a first step, the prosecutor will talk to the prosecution witness who testifies in the court of law. They can be called to testify what they know about the situation and the circumstances in which the crime occurred. In the court terminology, it is called testimony. The witnesses are required to take oath to tell the truth in the witness box. If a case is established on strong footing along with number of willing witnesses, the government offers plea agreement to the defendant to avoid trial and give chance to the defendant to admit his or her guilt. In the criminal case, accused plead guilty before the court of competent jurisdiction for punishment according to the law (Hughes, 1996). The last step taken by the defense lawyer is to move an application to the court of law to decide the case before initiating a trial. This process is called “motions limine”. The trial is the process wherein the facts of the case presented to the court of law to decide whether the defendant is guilty or not guilty. The prosecutors use witnesses and evidences against the accused to convince the court to try and punish (Hughes, 1996). The impartial person in the trial who decides the case on the basis of material information and evidences is the judge. He or She has to ensure that entire process is crystal clear and not fabricated to decide. The jurors on the day of trial listen to the facts of the case to determine whether the crime is committed or not. The selection process of the jurors is random from the voter registration record of the people living in the vicinity of the court and they do not know about the stakeholders in the trial process that is to say the prosecutor, defendant, defense attorney and others involved in the case (Neubauer & Meinhold, 2009). Q.5 In the legal process, examination and direct examination are of utmost importance to prove and accused liable for punishment or not. Some of the steps are as under: a) prosecutor examine the first witness b) defense lawyer cross examine the first witness c) prosecutor redirect examination of first witness d) prosecutor examine the second witness e) defense counsel cross examine the second witness and so on (Hughes, 1996). Now the court is to decide on the basis of material information and evidences whether the accused person is guilty or not. If found guilty he or she may be sent to the federal prison under the escort of United States Marshal Service to serve his or her term awarded by the court of law. However, the convicted person may file an appeal against the sentence in the competent court of law (Neubauer & Meinhold, 2009). In that case, appeal will not be heard by the same judge who awarded the sentence. Under the American law, three circuit judges review the case and decide. The convicted person against the decision of the mentioned court may file an appeal in the competent jurisdiction all the way to the Supreme Court of US, the highest judicial authority in the judicial system of any country (Friedman, 2004). Q6. Large number of cases settled down by way of guilty pleas due to an agreement between the prosecutor and the defense counsel rather than to go for trial. The plea bargain is a legal process wherein prosecutor allows an accused person, concession in terms of reducing charges to the bearable extent or recommends his or her case for mild sentence provided the accused person admit his or her guilt. Under the mentioned deal, even the cases filed in the court of law for trial may decide before the trial begins. The O.J. Simpson case is the best example of it that won outside the courtroom due to forensic work and legal strategy that paved the way for the prosecution to come up with the concrete evidence at a preliminary stage rather than to grand jury proceedings (Neubauer & Meinhold, 2009). Conclusion The different courts and certain stages mainly from investigation, trial and appeal, as identified hereinabove, instrumental in trying and deciding the case of a person by the competent court of law as per the judicial system in vogue just to ensure that “Justice not only done but seems to be done”, everything is discussed. References Friedman, Lawrence M. (2004). American Law in the Twentieth Century. New Haven: Yale University Press. Hughes, Graham. (1996). Fundamentals of American Law. New York: Oxford University Press. Neubauer, David W. & Meinhold, Stephen S. (2009). Judicial Process: Law, Courts, and Politics in the United States. New York: Cengage Learning. U.S. Courts. (2011). Criminal Cases. Retrieved on October 27, 2011 from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/CriminalCases.aspx Read More