Criminal Case Proceedings; Russia vs United States - Essay Example

Russian and United s Judicial Systems Russian Judicial Process Judicial system in Russia is formed by several different types of courts. Its court system was clearly explained in the Federal constitution law of 1996. These courts are classified into three ranks, the Constitution Courts, Arbitrazh Courts and Civil Courts. According to Russian law, everyone has similar rights irrespective of his or her status. Recognition of equal rights has led to the acknowledgement of Russian judicial framework as one of the most efficient systems by Western specialists (Smith, 2006).

Constitution CourtsIt started its mandate in 1991, and it is a judicial body in charge of reviewing the constitution. Interestingly, it only deals with constitutionality cases, interpreting the constitution and determining the legal aspect of proceedings regarding presidential impeachment. The court is limited to matters of constitutional law, and its ruling is final (Smith, 2006). Ruling from the court cannot change in any other court. Its facts are based on the Russian constitution and the international law; hence allowing it to implement democratic processes that are recognized globally.

Arbitrazh CourtsArbitrazh courts were regulated by the Federal Constitution Law of 1995. They are mandated with the settling of both the Russian and foreign disputes relating to the property and other economic assets. In addition, they handle disputes arising between companies and legislation of corporations. They are divided into two; the first tier handles first-time cases while the second tier considers appeals of the first case decisions. Judicial CourtsJudicial courts are under the umbrella of the Federal Constitution Law of 1996.

They are mandated to settle a number of disputes including all criminal cases and family issues. Judicial courts are divided into categories like military courts and the Supreme Court, which overlooks the rulings of other lower courts. Supreme Court also clarifies laws on the proceedings of the court (Smith, 2006).United States Judicial ProcessUnited States judicial system is divided into federal level and state level courts. Above the two courts is the Supreme Court. Supreme Court has appellate jurisdiction.

In addition, the Supreme Court is mandated with final interpretation of the United States Constitution. Federal and state courts handle first-time cases (Stacy, 2013). At state level, there are District County courts and State courts of Appeals.Supreme CourtThe Supreme Court was formed in 1790. Judicially, it is the highest and final arbiter of law in the United States and protects the constitution. It has the powers to overturn presidential decisions if they contradict the constitution, and it can validate the law.

The Supreme Court is independent in its operation, and even the Congress cannot interfere with its proceedings. All the powers invested in the constitution are entrusted with the court.Federal and State CourtsFederal courts’ goals are to protect all the rights inscribed in the constitution. Existence of federal courts was drafted 1787 to serve justice to each citizen of the United States. They have the jurisdiction to settle both civil and criminal cases. Like any court, they serve in the common interest of the law, and they serve both the United States citizens and foreigners in equal measures (Stacy, 2013).

Difference between Russian and United States Judicial ProcessUnited States judicial processes for criminal cases are served by several judges. These judges are aware of their international obligation to serve as good examples to protectors of global justice standards. Russia, on the other hand believes so much on its laws up to the point where rulings may completely ignore regard to fundamental human rights act. SimilaritiesThere are many similarities between these two great nations in terms on how they handle criminal cases in their respective judicial areas.

Research has proved that first time cases in both nations are handled in lower courts, and not in their Supreme Courts (David & Michael, 2008).ReferenceDavid, R. & Michael, L. (2008). Comparing the America and Russian Constitution. Pittsburg: Cengage Learning.Smith, G. B. (2006). Reforming the Russian legal system. Cambridge: Cambridge University Press.Stacy, L. (2013). Mexico and the United States. New York: Marshall Cavendish