The Constitution of the United States is the concrete platform that the nation is built upon which contains fundamental principles in which our nation is governed by. However, much of the Constitution is very ambiguous which leads to controversy in the court room. For example, the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Baltzell). The first part of the Eighth Amendment protects accused citizens of the United States from unreasonable and extreme amounts of bail that would prevent them from being released from pretrial containment and it also limits the amount of a fine that can be given to a convicted person (8th Amendment)(Kurt). The
They should not make an assumption off of beliefs and not the facts. A lawyer may see the arrest in the news or hears gossip and forms opinions of the subject’s guilt without seeing the facts. The subject is innocent until he or she is proven guilty. The whole function of a court system is to prove innocence or guilt based on facts. The police arrest based on weather they have probable cause or not.
Part one: I strongly believe that judge Foster’s view is more persuasive. The judges should take into consideration the legislative intent when judges interpret and apply statutes due to the fact that words do not always show the intent that the legislative branch had when it created a statute. As a result, the goal of the statute will not be reached. The fact that words sometimes do not convey the real message of it is really important when it comes to criminal system.
A “judicial review,” is a court’s authority to examine an executive or legislative act if it shows anything conflicting to constitutional values. The type of power that allows a court to examine any of the actions in the branches is what the judicial review does. The United States Supreme Court possess the highest authority and is over both the federal and the state courts in the country. When a judicial review is conducted it helps the state courts determine whether or not statutes are valid in the state. If any of the state’s laws is in direct violation of the United States Constitution, then it is deemed those statues are not valid.
With the Legislative branch, you have the power to make and pass laws. For the executive branch, the power to execute and carry out the laws.and for the judicial branch, deciding if the law is constitutional or not is a very important matter. The system of checks and balances also comes into play with the government: each branch has the power to veto, or deny, any law or action they deem unfit for our nation. This helps make sure that one branch does not rule or overpower the other branches. This way, every branch of the government is separate but equal.
Do you know how your Miranda Rights help you in court. It lets people try to prove they didn 't do the crime. It tells people that they have the right to remain silent because everything they say can and will be used against them in the court of law so when people are being questioned they need a lawyer to tell the police that they are asking questions that person does not want to answer. It will appoint people an attorney if they cannot afford one. It helps give people who are innocent but is also the prime suspect a fair trial and time to try to prove they are innocent.
When the founders of the United States created the Criminal Court System (CCS), they imagined that the courts would act as a neutral ground were disputes could be resolved. In the Criminal Courts, the quarrel is usually between an individual and the state. The criminal proceeding that takes place is often the result of the defendant being accused with violating some provision of the criminal code. The founders also created the criminal court in way that it is constrained by constitutional limits. The Constitution holds that everyone is entitled to due process.
Its powers are constrained by the constitution. In most constitutional democracies, if a citizen believes that a certain law violates a certain provision in the constitution, she can file an action in a court of law. Courts have the power of judicial review on the constitutionality of legislation. If the court finds that the law does indeed violate the constitution, it can strike the law
In civil cases they punishment may be to pay damages while in criminal cases they are punished to death, prison, or fines. Statutory laws are designed to control future actions and behaviors of individuals. When no cases have no statues, common laws are used. In civil law, have to prove it lawsuit on the preponderance of the evidence while in a criminal matter they have to prove beyond a reasonable doubt. Both also have to try to establish a prima facie case.
Then they will ask you do you understand these rights. Those are your Miranda rights, but let’s talk about how all three branches of government enforce and set these rights. The Judicial branch enforces the Miranda right laws by when a person is convicted of a crime and has been arrested by a police officer, but hasn’t been read his rights most likely the charges will be dropped. One of the biggest cases on this was the
The Court is able to check both the legislative and executive branches by overturning laws or actions taken by either branch if the justices believe that the branch is not acting in accordance with the Constitution or if an act contradicts the words of the Constitution (“The Constitution,” 27). Although this could make the judicial branch appear superior to the other branches of government, Rosenberg’s arguments in The Hollow Hope: Can Courts Bring About Social Change? show that this is not the case, especially when it comes to social reform. With judicial review, the Supreme Court can freely make important and sometimes controversial decisions with its interpretations of the law. However, the decisions are almost meaningless unless one of the other branches takes action to implement the Court’s rulings, which serves as a check on the
Checks and Balances are intertwined throughout the government precisely for disruptions like this. It acts as a regulator between any origins of supremacy to guarantee no one overrides an opposing authoritative group. Due to these factors, Checks and Balances and Separation of Powers deserve a lengthy reign, for it bears morality and emphasizes reason behind the U.S. Constitution. Separation of Powers is imperative to the functionality of society, the government, and the Constitution because it’s teeming with crucial principles and liberates the nation of tyrants. Absence of this system of government makes documents, such as the Bill of Rights, ineffectual without Separation of Powers and Checks and Balances to fortify its claims.
You mentioned in your post that whether the defendant is guilty or not, if they are violated by an officer then the violation needs to be put to light. What are some consequences for the defense attorney if he is caught not bringing evidence (that could alter a trial) to court? What are the defendants’ rights that are being violated by the officer? One of duties that is to be performed by a defense attorney according to America’s Courts and the Criminal Justice System is to, “zealously represent the client’s interests within the bounds of the law.” If the defense attorney fails to recognize the violation of his defendants’ rights does that corrupt the duty that is supposed to be performed?
What Makes a Criminal Defense Lawyer Ideal for You? There are times when we commit faults consciously or unconsciously or other times we are at a certain place at the wrong time, and whichever the case, being on the wrong side of the law has its consequences. When you have been accused of doing something wrong, particularly when the matter has been presented to a court of law, you must seek the services of a lawyer. Criminal lawyers are necessary for your case and can help you in respect to your circumstance.
What are the Miranda Rights and what should they mean to you? Why is exercising the Miranda Rights beneficial to you? Why are law enforcement officers required by law to advise an individual that is being investigated for a criminal offense of their Miranda Rights? Why should Miranda Rights be important to you? The Miranda Right should be important to you, because when being arrested, questioned, or investigated a person must know the constitutional rights that are given unto them so they know what they are able and unable to do.