Court System Paper Ally A. Robertson CJA/204 July 22, 2010 Mr. Todd Larson Court System Paper Describe the major historical developments of the U. S. courts. There are two judicial systems; first one is the state and local courts established under the authority of state governments. Federal courts system is the other that was created by Congress under the authority of the U. S constitution. General agreement among the nation’s founders, that there was a need for dual court system for individual states to regain significant legislative authority and judicial autonomy separate from federal control.
State court system is made up of trial court, appellate courts and general jurisdiction. State court system is typically includes a supreme court. Included but not limited in state court system is that it virtually unlimited power to decide nearly every type of case, subject only to the limitations of the U. S Constitutions, and state law and it is within state courts that the large majority of criminal cases originate. Federal court system made up of three levels: U. S. district courts, U. S. ourts of appeal, and the U. S. Supreme court. U. S. district courts are the trial courts of the federal system and are located principally in larger cities. Federal decided only those cases over which the Constitution gives them authority. In the federal court system the highest court is the U. S. Supreme court which is located in the state of Washington, D. C. Supreme courts only hears cases on appeal from lower courts. The courtroom is made up comprised of professional courtroom personal. which include the judge, the defense counsel, the court reporter, the prosecuting attorney, the clerk of the court the local court administrator, the bailiff and the expert witness. [Also present in the courtroom for a trial are “outsides” non professional courtroom participants like witnesses and jurors. ](Schmalleger, 2009) Guided by statutory requirement and ethical considerations and its members are generally dedicated to bringing the criminal trial and other courtroom procedures to a successful close. The role of a judge is the primary duty of ensuring a fair trial seeing that justice prevails.
Moreover, the purpose of a criminal trial is to determine whether the prosecution has established the guilt of the accused as required by law, and the trial judge should not allow the proceedings to be used for any other purpose. The judge holds ultimate authority rulings in the courtroom on matters of the law. Weighing objections from side’s of law, deciding on the admissibility of evidence and disciplining anyone who challenges the order of the court. Judges also sentence offenders after a verdict has been returned in most jurisdictions. However, in some state, judge serves to decide guilt or innocence for defendants who waive a jury trial.
Prosecuting attorney is the primary representatives of the people by virtue of the belief that violations of the criminal law are an affront to the public. Federal Prosecutors is called the U. S attorneys and solicitors in five states prosecutors are elected and generally serve four year teams with the possibility of continuing reelection. Moreover, their widespread criminal conspiracies, whether they involve government officials or private citizen may require the services of the special prosecutor whose officers can spend the time and resources needed for efficient prosecution.
No matter the criminal trial is about it is the job of the prosecutor department to seek the truth no matter what the accused innocent or Guilt. Lawyer who may specialize in the practice of criminal law is a trained has Defense counsel. The defense counsel is to represent the accused as soon as possible after arrested and to ensure that the defendant’s civil rights are not violated during processing by the criminal justice system. The Defense Counsel other duties including testing the strength of the prosecution’s case, by taking part in plea negotiations, and preparing an adequate defense to be used at the trial.
Criminal lawyers may enlist private detectives, experts, witnesses to the crime, and character witnesses in the preparation for a defense. Law enforcement officer in the courtroom is the bailiff another member of the professional work group is usually armed. The Bailiff ensures order in the courtroom, to announce the judge entry into the courtroom, to call witnesses, and to prevent the escape of the accused. That’s if the accused has not been released by the court on bond. The bailiff also supervises the jury when it is sequestered and controls public and media access to jury member’s bailiff in federal courtrooms are deputy U. S. marshals. ] (Schmalleger, 2009) Many states now employ local court administrators whose job is to facilitate the smooth functioning of the courts in judicial district or area. Local court administrators a major impetus for the hiring come from the 1967 President’s commission law enforcement and administration of justice.
The commission found a system that examining the treats those who are charge with serious crimes. National advisory commission on criminal justice standards and goals recommended that all courts with five or more judges created the position of the trial court administrator. Court reporter is to created record of all that occurs during a trial. The courter reporter has to record everything accurate it is very important in criminal court because appeals may be based entirely on what went on in the courtroom.
All verbal comments are especially significant made in the courtroom, including testimony, objections, the judge’s ruling, the judge instruction to the jury, arguments made by judge. Trial official record often taken on a stenotype machines or an audio recorder, may later be transcribed in manuscript from and will become the basis for any appellate review of the trial. In trial expert witnesses are recognized as having specialized skills and knowledge in an established professions or technical area.
Expert witnesses have to demonstrate their expertise through education, work experience, publications and awards. Expert witnesses testimony at a trial provides and effective way of introducing scientific evidence in such area as medicine, psychology, ballistics, crime scene analysis, photography, and many other disciplines. Expert witnesses, like all the other witnesses they are subject by law to be cross examine by the lawyers. Courtroom is where everything is revealed regarding the crimes that the accused was charge with.
Every one of these people from the judge, lawyers, bailiff, court reporters everyone is working to reveal the true the best way with everything that is presented to the court. Evidence is display for the court and the judge can rule on it or against it. Whatever is use in court to get the trial on its way to proof the case or not so sentencing can be handed down on the accused. Overall, in the courts is the longest process of the case from beginning to end. References Schmalleger F. (2009). Criminal Justice Today: An Introductory Text for the 21st Century (10th edition. ). Upper Saddle River, NJ: Prentice Hall.
