The executive branch executes the law and is made up of the President, Vice-President, and the United States Departments. The judicial branch contains all the federal courts and the Supreme Court. Its main job is to interpret the laws and explain what they
Similarity in the due process – this involves the process through which the federal and states law enforcement individuals gather evidence, interviews the apprehended, and make arrests. 2. Similarity in the court proceeding – Both the federal and the state courts similarly conduct their court proceeding 3. Similarity in sentencing and appeal – even though they have a different sentencing guideline for different crimes, they do have a similar appeal
After reading the Good Samaritan Home case, I believe it would be classified as criminal and civil case. Criminal law is considered a wrong doing against society and civil law would be considered wrong between individuals. With this case, I believe it would be criminal because of all the state laws that go in together with running a facility like this; the state and people of the county would have to get involved. Not only by talk or reading the news in the newspaper but also by attending jury duty. I also think this case is civil because the family of the abused/neglect could press charges.
The three types of disparities are race, social class, and gender and these all play a huge factor when making a decision based off an offender. The role of race plays a critical role in the criminal justice system because the anticipation of a racially discriminatory process violates the laws of the system. So, if there a sentencing difference based off whether you are white, Hispanic, or black then there is a problem with the criminal justice system at evaluating offenders fairly. For example; "some studies, however, have reported that Hispanic adult offenders are punished more harshly than both Blacks and Whites, although Blacks are typically sentenced more severely than Whites" (Johnson, 2003; Kramer & Ulmer, 2002; Steffensmeier & Demuth, 2000, 2001). This
The national government surrounds around all lower state and local governments, since it serves as the main form of government for our country. Some of the officials that hold high work occupations in the national government is the President and Vice President. Jurisdiction of making laws in the national government is an vital point that makes this government prove its high position, since best intentions for the country is the most critical when it involves issuing national laws that can also affect other local governments. Due to separation of powers, each state is in charge of their state branches for their government. The details of executive branch of government in California is to create laws that the Legislature wants to act out and execute.
The court system in the United States is divided into many different kinds of courts that serve different purposes. Some of the courts within the US court system that will be discussed in this paper are the United States Supreme Court and U.S. Courts of Appeals. Since the United States Supreme Court is the highest court in the land a special emphasis will be placed in this court to cover its décor, decorum, and meanings. The U.S. Supreme Court is the highest court of all courts in the United States and unlike other courts where the person controlling the court is the judge, in the U.S. Supreme Court the main person in control is the United States Chief Justice along with the eight Associate Justices which they are all nominated by the president
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.
When writing the Constitution the founding father really tried hard to guard against tyranny by using Federalism, three branches, their powers, and that all states have a say in congress. James Madison was a smart man, he knew that if you give all power to one person or a small group it would go to their heads. So he proposed a compound government, long story short it was incorporated in the Constitution. The compound government meant that their would be two parts of the government. One part would go towards the country as a whole, the other was more focused on the smaller issues such as each individual state.
1. The supreme court is the highest federal court in the United States. It consists of nine supreme court justices. Federal judges are nominated by the president and approved by the senate. Once appointed the justices will serve on the supreme court for the rest of their lives, unless they are impeached.
All across America, two and three strikes laws have been part of the Justice Department’s Strategy for Anti-Violence. These kinds of policies make a few requirements. One of the requirements is that if an individual has been found guilty of committing a felony that was violent, and also has two convictions on their record, they will serve a life sentence automatically. The two strike and three strike laws main focal point is to highly increase the punishments of the individuals that are convicted of more than two crimes that are considered serious. The purpose of this essay is to discuss two strike and three strike laws, if these laws positively or negatively affects the society, and if whether or not these laws are fair.
The Supreme Court 's main obligation is to actuate how the laws should be commentated and correlated to cases using existing laws and the Constitution. There are many factors that influence the Supreme Court. Some of these influencing factors are case laws, the public, and the Solicitor General. These factors influence the Supreme Court in many ways that will better the system, by exacting the system. Thus, making it fair for everyone.
Gerrymandering is one of those issues that is a problem and the legislature would need to fix this by changing electoral districts, it may have made sense at one time but not now. Some of the problems within the judicial branch are setting laws for lower courts, the problem with this as with the other branches are that no everyone will agree with decisions or bills or laws being brought to the table, they may seem unfair or
There is a doctrine that states a lower court must follow a precedent which is known as stare decisis. There are reliances on previous cases, which is important to find common cases to make sure they are still good law. Once a case has been finalized by the states highest court, it can be appealed to the Supreme Court only if there is a federal legal question. Looking into the Bill of Rights, its the first ten amendments to the United States Constitution. These are basically our natural born rights as a citizen of the United States.
Civil cases handle private rights and remedies, personal injury suits, divorces, child custodies, or breach-of-contracts. Violation of penal law, like murder or speeding, that is prosecuted by the state are known as criminal cases. If the lawbreaker is convicted, then they could possibly be charged with, either or both, a fine or imprisonment. Burden of proof is an important factor that differs between these types of cases. It is the duty and degree to which a party in a court
The executive branch is in charge of making laws official, the legislative branch makes the laws, while the judicial branch is in charge of the courts and making sure each law is constitutional. Americans can expect the three branches of government to use the