Judicial Process The 6th Amendment Confrontation Clause exists to protect the right of a defendant to confront those who are testifying against him or her. This means that the defendant has the right to face those making the accusations in a court o Continue Reading...
The district appeals court does not hear a case in its entritiy, rather the justices review the case file and lawyer's arguments and hear a short in-person argument to ask questions and make a decision. This appeal is an appeal by right according to Continue Reading...
Third, the degree to which the suspect is confronted with apparent evidence of guilt; this means that it is impermissible to confront the suspect with the evidence to suggest that there is no point in refusing to confess. Fourth, whether the suspect Continue Reading...
For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead in Continue Reading...
Another example of an exception to the Miranda Rule concerns surreptitious questioning as in the case of Illinois v. Perkins (1990) (2003). In this case it was decided that a criminal suspect's 5th Amendment rights are not being violated if a suspec Continue Reading...
judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various sta Continue Reading...
Why have so many jurisdictions turned to forms of ADR to supplement the judicial process? Alternative dispute resolution (ADR) is a procedure of dispute resolution that functions as a means of utilizing an external party for settling disagreements be Continue Reading...
jurisdiction occurs when a case is being heard for the first time. Appellate jurisdiction occurs with cases that are appealed to a superior court. General jurisdiction is held by courts with no limit on the types of cases that can be heard - whether Continue Reading...
Judicial System Overview of the Civil Justice System and Its Administration Since the creation of the United States Constitution, there has been a clear distinction between the three branches of government. The third branch, the Judiciary, exists f Continue Reading...
Appellate process is integral to the American judicial system and is a constitutionally protected right. Individual, or corporations for that matter, have the right to appeal a trial on the grounds that the decision was made erroneously or without pr Continue Reading...
Supreme Court opinions and dissents are essentially reflections of judicial self-restraint or judicial activism. Generally, the Supreme Court reflects judicial self-restraint or judicial activism through the use of the doctrine of standing in majorit Continue Reading...
Sentencing Philosophies The four sentencing philosophies of the American Criminal Justice System are retribution, deterrence, rehabilitation and incapacitation. Each is grounded in a set of beliefs that address the relationship between the severity Continue Reading...
9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limite Continue Reading...
After all, Ernesto Miranda who was the namesake of the Miranda Rights was a rapist and a guilty one at that. He was retried after his confession was tossed and he was re-convicted as were many of the other people that had their convictions overturne Continue Reading...
Judicial independence is vital to a healthy society. Agree or disagree and discuss with particular reference to the judiciary system in Australia. I agree with this statement. The reason why is because history is full of examples showing how judicia Continue Reading...
Judicial precedent basically means the process with which judges follow previously decided cases whose fact are of adequate similarity. As a practice of the court, the doctrine of judicial precedent provides direction to judges when they are applying Continue Reading...
As Treanor emphasizes, "What appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority Continue Reading...
Judicial Appointments Bush's Judicial Appointments An Examination of President George W. Bush's Judicial Appointments During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court judges, and 261 Fe Continue Reading...
Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of jud Continue Reading...
Judicial Review The most important American political institution is the U.S. Constitution. Of course, this is only a document, but it is also an institution in its own way, for it is the basis of all American political institutions and practices. I Continue Reading...
Judicial Appointments Constitution Qualifications for the U.S. Senate, U.S. House of Representatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment Which articles and sections deal with the qualifications that p Continue Reading...
This was the first time that the Supreme Court had deemed a law unconstitutional, and in fact this power of the Court had not even really been established until it was used in this case. Its establishment, however, was to have profound effects on th Continue Reading...
offices in the judicial system, e.g. prosecutor, private attorney, public defender, and comparatively discuss the origin, development, behavior and relatedness of each to the other person would be considered till such a time, innocent of a crime, in Continue Reading...
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, thi Continue Reading...
A more questionable exception to the Fourth Amendment is the exception of "vessel searches," where, not only is the warrant requirement inapplicable to brief stops of vessels, but also none of the safeguards applicable to stops of automobiles on le Continue Reading...
Judicial Review: A Review of "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis" In "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis," Daniel Cole Continue Reading...
Judicial activism is a controversial issue because judges are often presumed to be almost robotically neutral. However, judges are human beings who are concerned about the integrity of the law as the law reflects core values and social norms. When th Continue Reading...
Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Continue Reading...
The purpose of such bifurcation is the enabling of the parties to the arbitration to maintain control of the impact of the Shariah in the law that they choose for arbitration. Middle East states that have not removed religion from their rules of arb Continue Reading...
legal principle, Due Process, encapsulates all the guarantees to the rights of an individual or a group. The provision for these rights in the Constitution simply means that the interests of the individuals and groups covered by it are protected. Th Continue Reading...
Due Process and the Significance of Interpretation The concept of "Due Process" is a uniquely American one, the significance of which has changed as much as has the societal and political times of the American nation. Today, some critics argue that Continue Reading...
Criminal Law Due Process Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people fe Continue Reading...
All judges of the above courts are appointed by the president with the approval of the Senate (USCourts, 2012). In all cases, the court serves as the arena where disputes are argued, and a fair verdict pronounced. The court is normally, replete wit Continue Reading...
Alter the Forensic Dynamics during an Interviewing Process In this paper, we reveal how professional's attitudes, views, and knowledge do not necessarily match forensic research findings. Witness issues will then be discussed concerning research co Continue Reading...
Change Process WHAT, WHEN, HOW and WHY Organizational Change Change happens everywhere and all the time (Jeritt, 2013). Everybody knows and sees this and must cope with it. It is evident in one's private world and beyond it, in the large physical Continue Reading...
Innovation in Business Process Management Cordys: Innovation in Business Process Management SWOT analysis identifying the issues facing CORDYS Strengths The main strong point for Cordys is their UNIX programming software, which has made customers Continue Reading...
Justices can make public pronouncements on issues that are important to the federal judiciary - not specific cases that come before the court, but general political and social issues. For example, the Chief Justice of the U.S. Supreme Court, John R Continue Reading...
Applying a Global Strategy to the Judicial Reform in Brazil Brazil has emerged as a confident country across the world. Clearly, Brazil is among the first countries that emerged to stimulate the global economy and investment. Early, this year, the g Continue Reading...
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student Continue Reading...
