Article III of the US Constitution establishes the judiciary as an independent third branch of government. Article III gives the judiciary the power to hear and adjudicate all cases arising out of the constitution and laws of the USA with impartiality. Article III also states that federal judges can only be removed through impeachment by the House of Representatives and conviction by the US Senate for “treason, bribery or other high crimes or misdemeanours”. Short of removal, federal judges can be disciplined for violations of the Code of Conduct for United States Judges- a set of ethical principles and guidelines adopted by the Judicial Conference of the United States. Most states have adopted the Model Code of Judicial Conduct compiled
Despite having different beliefs and standings, many countries use jury systems to make decisions on facts in court and bring justice to their country. Canada is one of the many countries who have adopted a jury system. The jury system in Canada is used as a way for citizens to contribute to justice in their country. A jury consists of 12 jurors whom are citizens over the age of 18. They are also randomly selected by the Sheriff’s office (The Role of the Public).
Whilst a solicitor can represent you in court he only has rights of representation in the magistrates court.In civil cases all repesentations are done by the barrister. So a solicitor can represent you is just as normal in other cases.The jobs of a solicitor are generally advising clients on their legal issues and contacting a barrister if necessary.SOlicitors also draft contracts and wills and generally do all the legal paper work. What do barristers do in civil cases During civil cases barristers and solicitors do the same job which is meeting with clients and discuss issues and points regarding the case.Barristers and solicitors also work together in civil cases to try and discuss what the outcome of the case will be.Barristers also be in court and try to back up they clients as much as they possibly can. What do solicitors do in criminal cases Solicitors represent their clients in court.It depends on what type of solictor they are defending or prosecuting solictor.Solictors will represent clients in the police station help them to get bail and then also stand up infront of magistartes to give they clients view either backing them up trying to get them prosecuted.Solictors will give evidence and advise to they clients to help them out with they case as much as they possibly
Bailiff: “All rise. Department one of the superior court is now in session. Please be seated.” Judge: “Good morning ladies and gentlemen, calling the case of King Duncan’s murder versus Macbeth. Are both sides ready?” Prosecuting Attorney: “Ready for the people, your honour.” Defence: “Ready for the defence, your honour.” Clerk: “Will the jury please stand and raise your right hand? Do each of you swear that you will fairly try the case before this court, and that you will return a true verdict according to the evidence and the instructions of the court, so help you, God?
Some of these cases are a serious topic to topic about, and most are proved by the Amendments everyone has, as basic, fundamental rights. The Fourth Amendment protects people from unreasonable searches and seizures, and a warrant is needed for searches(Oyez). Public places are locations where everyone can go, where everyone can do anything, as long as the people are not threat to the public(US Supreme Court).The FBI has the technology to spy, and navigate where people are, and uses it against threat” (FBI). Including the fact that all Amendments protect US citizens, it is imperative that Katz had been deprived of his rights by the US government. Searching and seizing someone’s belonging without a warrant is unconstitutional.
The other judges of the House shared the same thoughts with that of their learned and noble friend Lord Keith. They all answered the certified question in the approving and reject the appeal. The case was reviewed by the European court of Human Rights and it was decided that the conviction of the R v R was a breach of article 7 of the European Convention on Human rights, extent to a conviction for an act that wasn’t a criminal offence when committed. The judgement in this case was supported by the Law Commission and was later confirmed in statute law by an amendment to the sexual Offences Act in the Criminal Justice and Public Order Act 1994.
In order to establish justice, laws need to be interpreted and judged. When the contents of a law are used to “honor” the criminal's actions the judicial branch will bring justice to the victim and the law. The judicial branch does not prejudice, therefore they judge fairly and justly. The way the judicial branch works makes it so that it establishes justice. In Article Three of the Constitution, it states “No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” This means that the judicial branch is the only branch that can judge whether or not an act is considered treason.
An agreement from the jury is a unanimous decision between all 12 jurors. The jury consists of everyday citizens given the responsibility of deciding the innocence or guilt of an accused person. Jurors should decide the fate of the accused because it is a peaceful method to resolve the problem, a unique constitutional right not many people in the world get to enjoy , and it gives everyday citizens a chance to participate in the government and represent the voice of the people. First of all using a jury provides a peaceful method to resolve issues. A jury represents everyday people who all have different viewpoints on different things.
The judge is the person who decides what is going to happen to the person.The judge decides what evidence comes in and what evidence stays out.Also the judge makes sure every lawyer gets a fair opportunity to explain their points about their case to the jury. The jury finds you guilty or not guilty and sometimes the jury 's verdict is overturned by the judge at other times he accepts their verdict. In most civil cases there are no juries and the judge decides everything based on the evidence presented to the court by the lawyers. Solicitors Solicitors main job is to provide advice clients on how to proceed with their matter.Most solicitors work together in law firms,others work separately or with the government.They provide expert legal support and advice to clients. They take instructions from clients and advise on necessary courses of legal action.
A judge decides on matters of law during the trial, such as whether certain evidence is allowed to be presented, and also makes sure the trial proceeds in a fair way. The jury decides whether the offender is guilty or not guilty. If found guilty, the judge decides what penalty should be
Jury service in adversarial court systems is an important civic duty and responsibility. Jurors have to understand and weigh up evidence presented, assess the credibility of witnesses and decide on the likelihood of certain events having occurred in the light of their own personal experiences. There has been increasing interest in whether deaf sign language users should be permitted to serve as jurors. In the USA deaf people have been serving as jurors in criminal trials since 1979. Legal challenges in the UK and Ireland have established that deaf people have the capacity to make decisions as jurors, and can sufficiently comprehend courtroom discourse and jury deliberations through a sign language interpreter (Heffernan, 2010).
In most of the English colonies including the United States, adopted the English common law system, one of these laws is “been trial by a jury” which include the number of members, they play an important role on every trial as they do now. The first one to implement the ”juries” was the king of England Ethelred who has been credited with the formation of local investigations that include twelve members. The King made many provisions to the code of law including a letter with a law code named “Tantage” in 997 this letter is considered to be the beginning of jury’s formation, on this he stated: “That there shall bean assemble in every meting place and in that assembly shall go forth the twelve eldest thegns and the reeve along with them, and
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common
There are some very important rights granted to you jfrom the 6th amendment which I think if you are going to trial you should try and use to your advantage. you will get a trial by a jury and also with that jury they will be able to hear all witnesses and see all evidence received for the case. The opportunity to see, hear, and confront the witnesses presenting the case against them as well. They will get an chance to call witnesses and even have the court give subpoenas to make sure the witnesses appear they also can testify themselves it they would like to if not they can refuse to testify. they will have the right to cross-examine a witness who is trying to testify against them as well.
If the grand jury votes on an indictment, the defendant is then arraigned in Supreme Court (Appellate court). If the Supreme Court finds the defendant guilty the defendant is then sentenced. If the defendant pleads not guilty, they may go through a motions and hearings where they will go to trial and be found guilty, not guilty, or the case may even be dismissed.