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

Download file to see previous pages 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. 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 ...Download file to see next pagesRead More