According to the textbook law is defined as “a body of rules of action or conduct prescribed by controlling authority and having legal binding force. While reviewing this essay is either the federal or state government or its lower portions in the legal environment... It is also relevant that most of the positions in the federal and state legal divisions of government are either officials that have been elected by citizens of the United States or qualified candidates that have the appropriate qualifications to meet the criteria as defined by job descriptions.…
Fallon Jr., R. H. (2010). THE SUPREME COURT, HABEAS CORPUS, AND THE WAR ON TERROR: AN ESSAY ON LAW AND POLITICAL SCIENCE. Columbia Law Review, 110(2), 352-398.…
In this paper I’m going to detail the judicial process of a Supreme Court case, which was the first of its kind. The Supreme Court did not have original jurisdiction over this case. It traveled through each juridical system before reaching the Supreme Court. This case was of interest to them, not to question it the defendant was guilty, but were his constitutional rights violated in the process of prosecuting him. This case began with an anonymous tip that the defendant was growing illegal contraband at his home. The DEA assigned Detective Padraja and Detective Bartelt to sit on the home. After making the decision that no one was home the…
Chapter 5 describes how, within the last century, mounting scholarly evidence has exposed institutional flaws within our judicial and police systems, resulting in the convictions of innocent persons for capital crimes. In some cases, overzealous behavior by police and prosecutors, led to the imprisonment of “factually” innocent defendants. While police sometimes coerced confessions or failed to conduct full investigations, prosectors and judges failed to evidence which might exonerate the defendant. Other judicial violations found through study included failure to follow courtroom procedures related to rule of law. One of the first wrongful conviction initiatives was through a congressional investigation in 1912. Although a noble undertaking for its time, the reports was flawed in its evidentiary compilation. The data was poorly collected and its findings poorly deduced. According to the report, no innocent person had been executed by the Federal government.…
The American Criminal Justice System is a well orchestrated and cooperative performance with the professional courtroom actors and others all playing their parts in the administration of justice. This paper will look at a very important group of individuals the courtroom work group. Each person acts as one of the cogs in the machine, all cooperating to reach a common goal. This paper will describe what a courtroom work group is, who is in a courtroom work group and what they each do. The role of the prosecutor will also be described and how they determine which cases to pursue, and what would happen if the criteria for the prosecution of cases were more lenient or stringent. Lastly, this paper will describe the effects of the criminal justice funnel and the backlog of cases on the American court systems and the courtroom work group. Are there any solutions to help eliminate the funnel and help reduce the backlog of cases? To get an answer to that question, a review of the how this important group works will have to be understood.…
This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.…
The three branches of the government are put into play by a system of checks and balances in order to keep each other and the laws that they uphold in check. Even though each law is not fool proof, it is better to have them set into place so that the citizens of the country are still in charge of their government; not the other way around.…
Thomas, George. The Supreme Court on Trial: How the American Justice System Sacrifices Innocent Defendants. Michigan: University of Michigan Press, 2008. Print.…
We are taught that the courts and the Supreme Courts, in particular, are charged with interpreting the Constitution and the laws of the Unites States. We are further taught that the law enforcement should accept such interpertations uncritically and without hesitation. Theory and reality differ for at least four reasons, the Supreme Court sometimes makes decisions on excruciantingly detailed matters that have almost no appliciablility to most law enforcement officers most of the time. The…
For long it has been the received opinion that judges filled in the gaps left by rules by using their discretion. Positivistic jurisprudence from Austin to Hart placed strong emphasis on the part played by judges in the exercise of their discretion. “In these cases it is clear,” Hart said,” that the rule-making authority must exercise discretion, and there is no possibility of treating the question raised by the various cases as if there were one uniquely correct answer to be found, as distinct from an answer which is a reasonable compromise between many conflicting interests”. A competing view was espoused by the realists who placed absolute emphasis on the discretion of judges and relegated the “rules” to an obscure position. Earlier, little attention was paid to the analysis of discretion. However, a determined effort has made lately by Ronald Dworkin, who has cast serious doubts on the orthodox opinion and has emerged as the principal opponent of Hart. Dworkin’s views have posed a sustained challenge to the positivist account and have received critical acclaim by leading jurists of the world.…
Discussions in how discretion is exercised in the legal profession often raises debate in the criminal justice system. Discretion is vastly misused in many of the criminal justice fields. Areas such as youth justice, sentencing, policing, and a host of many other legal fields need better understanding, interpretation and communication. As with many practices, the object of measuring these areas is to understand constraints on its use and areas where it can be regulated better. This paper will reflect the role of discretion and how it is conceived in the justice system. In addition, this paper will examine how individuals elect to measure legal discretion from the public’s point of view as often the public sees only the negative terms of it.…
discretion with regard to enforcing and interpreting the law.” Here I will discuss both pros…
Facts: On December 16, 2005, James M. Eaton, Jr., and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated in Jefferson County ("the property") to Waldrop and Marguerite, jointly with a right of survivorship, and that Waldrop had subsequently fraudulently induced Marguerite to transfer her interest in the property to Waldrop. James and Marguerite requested that the court set aside the deed executed by James transferring the property to Marguerite and Waldrop and requested "other, further or different relief as may be just and proper"; they also demanded a trial by jury. Waldrop answered the complaint on January 26, 2006. Marguerite subsequently died, and James, as the executor of her estate, was substituted as a plaintiff.…
Fiss is not denying that the law making power of judges is linked to their discretion. Judicial argument over the…
Thank you for your visit to our law firm last week. I have reviewed your case and the laws and cases it relates. Based on my analysis our firm has decided not to take your case. Your conduct was intolerable and the principal had all the rights to expel you due to the fact that you were on school property. Now if you were off school property and the principal saw you else where he would have had no say.…