CJ 207 Project One Criminal Justice PDF

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Criminal Justice Project1 Southern New Hampshire...

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CJ 207 Project One

The Court System Relationship Among the Three Courts

Checks and Balances

We operate under a dual court system in the United States. The dual court system means that all 50 states have a separate state and federal court. Our court system is set up in a way that you could be charged by the state and federal court if convicted of a crime. For both levels there is a trial and appellate.

In the United States if a conviction is made and the offender doesn’t like the outcome then he or she are allowed to appeal to the next higher level of court, even up to the U.S. Supreme Courts. This is called the appeal system.

Relationship of the Supremacy Clause and Federal Superiority Rule to the Courts The Supremacy clause allows federal courts to preempt any state law even if it conflicts with the law. When this clause is put into effect it can require the state to stop the law that potentially may be conflicting with the federal law.

Functions and Responsibilities of Various Members Members Judge

Functions A judge is the main decision maker in a courtroom

Prosecutor

A prosecutor decides who will be charged and what sort of charges will be filed.

Defense Counsel

A defense counsel ensures that a fair trial is given to the accused and serves as counsel for the accused.

Allied Professionals

Allied professionals are interpreters

Responsibilities The judge is responsible for assuring the laws are being followed and carried out properly in every case. Judges also read through court documents and may research legal issues. Judges issue search warrants and arrest warrants. Judges also set bail amounts for offenders as well as issue restraining orders A prosecutor’s responsibilities are to evaluate the strength of cases and participate in plea negations, help prepare arrest warrants, research and present cases. A defense counsel investigates the case and interviews witnesses, builds defense to come up with an effective case, drafts and files appeals, as well as interviews and selects juries. An allied professional’s responsibilities are to produce records of proceedings, provide interpretation for non-speaking English offenders, and call cases and set schedules.

Roles of Various Courts Local Appeals Courts

State Appeals Courts

This is where the original hearing took place but if the offender feels there is an error or such then it goes to the next highest court.

State appeals review individual decisions, interpret and develop the general application for future cases.

Federal Appeals Courts Motioned from the lower courts and this is the final step.

Special Courts or Problem-Solving Courts Lawyers are able to focus on their legal specialty and nothing else, they relieve the pressure on the general courts as well.

Jurisdictions Military Courts Military courts were made to punish service members only, they are not able to try civilians.

Native American Courts Native American Courts were made to preside over all legal matters that deals with Native American members....