American Court system Research Essay

A strong country is one that upholds its laws firmly and is built on its core values. Because of this, courts are set up to assist in understanding the law. The courts in the United States of America, like those in other great countries, regularly make judgments that have an impact on people's lives. Some individuals applaud a decision, while others disagree. However, everyone acknowledges the legitimacy of the decision because the court is the ultimate arbiter of the law and the constitution. (Cole, Smith & DeJong, 2015). For legal interpretation, the populace turns to the court institutions. The paper aims to have a comprehensive discussion on the American court system at both levels of governance.

History of the American Court System

The American court system dates way back where it was established to guide a union of thirteen colonies fight for self-governance from the British (Cole et al., 2015). The one people several states brought tension in the American legal system. The United States of America’s constitution began a shift of power from the state level towards the federal government. Even though, the state still retains some substantial authority. The constitution breached the gap between the federal and state law, thus dividing the national power among the legislative, judicial and executive, while creating a separation of power, (Cole et al., 2015).

American Court System and the Jurisdictional Boundaries

The American court system has several layers, but the two main divisions are the Federal court system and the State court system (Cole et al., 2015). The court systems are, however, structured in a relatively simple structure. First, there are the Courts of Special Jurisdiction that hear specific types of cases, McKay, (2017). At the Federal level, they include the bankruptcy and tax courts. The state system has the probate that handles wills, and family courts that oversee custody and divorce. These court systems have simplified rules and procedures to speed the processes (McKay, 2017). The judges, lawyers, and the other professionals in criminal justice must have necessary training and experience in a given field.

The trial courts are the starting points of cases. There are two types of trial courts namely civil and criminal courts (McKay, 2017). They have different process but same structure. Parties involved in a case are granted the opportunity to know necessary details before the trial. Individuals or groups involved are required to present evidence to the jury, which makes a decision based on the law and case facts. This always marks the end of most cases. Other than the two, the other level of the court system is the Appellate courts (McKay, 2017). Parties could appeal to the appellate courts if they feel that the trial court did not give them justice. The appeal courts only determine if the lower court did not make judgment according to the law.

The highest court of the land is the Supreme Court. If the court of appeal makes an error and the parties are not satisfied, they can take the issue to the Supreme Court (McKay, 2017). Sometimes a case may be taken from the trial court directly to the Supreme Court if there are compelling questions of the law. The Supreme Court makes the final decision thus marking the end of the case (McKay, 2017). The jurisdiction of a court is the ability of a court to exercise its judicial authority over a specific matter. For instance, there is only one Supreme Court. The Appellate Court is divided into thirteen circuits while there are ninety-four District courts (McKay, 2017). Each state court system has its jurisdiction and the type in which a case emanated from determines which courts’ decision will be binding practices.

Issues in the Criminal Court and the Judicial Process

The Federal and State law requires a series of events and processes before a criminal trial can be held. The issues range from stealing, drug trafficking or murder, ones that implicate a person as a criminal. The stages have been enlisted by the U.S. and the State constitutions, court decisions and the legislative enactments (Cole et al., 2015). Although the procedures have some variances from the federal to the state or from state to state, they display similarities across the country. The basic divisions that operate during criminal justice proceedings are the law enforcement, courts, and the corrections. There are necessary procedures that are followed during the pre-trial, the trial and the post-trial.

The procedures before a criminal trial begin with an arrest. The basic types of the arrests according to the U.S. legal system are those with a warrant or those without (Cole et al., 2015). When a person files a complaint against another person to a magistrate who finds a probable cause of arrest, a warrant is issued. Arrests without warrant occur when a person commits a crime in the presence of an officer, who sees a probable reason for the arrest. Within forty-eight hours, the suspect should appear to a low-level judge or magistrate (Cole et al., 2015). Here, the rights of the accused are communicated and the judicial official determines bail. The preliminary hearing comes in when the criminal justice process determines whether the accused stands trial or not. The defendant then pleads his or her innocence. The adversarial stage is where there is an assumption that every case has its two sides. Each party then provides its side of the story and the lawyers, in this case, are the major players.

First, the basic rights must be guaranteed during the trial process. These are the rights that cannot be denied and compulsory for the accused. A group of potential jurors is summoned by the court where they are gathered to their qualifications and service. That is the bench that handles the trial. Opening statements are then made by both the prosecution and the defense. The trial then presents its case basing on physical evidence or witnesses. The defense then brings it case too, trying to contradict the prosecutor’s case (Cole et al., 2015).

A judge has mostly a passive role during the trial to rule on the motions of the prosecutor or the defense. The jury weighs and assesses the facts of the case to make a decision (Cole et al., 2015). They do it privately but can seek clarification from the judge, especially on legal questions. A verdict is then reached, and it is achieved when the jury retires to the chambers and make a vote that shows their unity or division. If the defendant is not guilty, he is discharged on the spot and is free to leave the courtroom (Cole et al., 2015). There are two procedures after a criminal trial, and that is sentencing and appeal. Sentencing is the formal pronouncement of judgment. A penalty or punishment is set forth, and at the federal level, it is only mandated by the judge. According to Cole et al. (2015), several states allow defendants to choose either a jury or a judge to make the sentence (Cole et al., 2015).

The Judicial Selection Process in Florida

In Florida, the judges are selected using two methods depending on the level of the court. Judges of the Appeal courts undergo the Missouri plan that is referred to as the process of assisted appointment (Bannon, 2016). The judges of the trial courts are selected through nonpartisan elections. The Missouri plan is used in the selection of the seven justices of the Supreme Court, and sixty judges of the Appeal courts (Bannon, 2016). The governor appoints a judge from a list presented by the judicial nominating commission. The new appointees serve for one year and then appear for a retention election, and if retained, they serve for six years.

For the Circuit and the county courts, the selection process is the same. The judges are elected through nonpartisan elections and serve a term of six years. If a judge wishes to retain his or her seat, they must run for a re-election (Bannon, 2016). The assisted appointment method is applied in case of a midterm vacancy. The Chief justice of the Appellate courts and the Chief Judge of the Circuit courts is appointed through a peer vote and serves a term of two years. It is a mandatory requirement of the Florida constitution that a judge retires at the age of seventy (Bannon, 2016).

For a person to serve as a judge in the Florida courts, they must meet the necessary qualifications. First, a person must be a resident of the state (Bannon, 2016). He or she must be a member of the State of Florida, with their private place located there. The person must also be a qualified electorate, that is, eligible to vote. The person must even have a ten-year practice of law in the State by admission, before assuming the bench. The judge must also be of below seventy years of age, according to the constitution of Florida.

The Judicial Selection Process in Washington

In Washington, the selection of the State judges is through nonpartisan elections, and the Judges can run for a re-election if they wish to serve another term. The Supreme Court, Court of Appeal and superior court judges are selected similarly, and they are nine, twenty-two and one hundred and eighty-six respectively (Bannon, 2016). That is through nonpartisan elections. The judges of the Supreme Court and the Appellate courts serve in the capacity of six years, and those of the superior courts serve for four years. The chief justice and the chief judge are selected through a peer vote, with the chief justice serving for four years and chief judge for one year (Bannon, 2016).

In the District courts, the judges are also selected through nonpartisan elections and serve for a term of four years. The Municipal court judges are, however, chosen through unbiased polls or appointment (Bannon, 2016). They also serve for a term of four years, and their re-election bid is not clearly indicated.

For one to serve in the Supreme Court and the superior courts, they must have an admission to Washington to practice law and be under the age of seventy-five years (Bannon, 2016). To serve in the Courts of Appeal, the judge must be a local of their district for at a minimum one year. They must also have an admission to the courts of Washington to practice law for at least five years. In the district courts, a person must be a resident and a registered voter in that district. He or she must also have a license from the state to practice law and must be able to pass the qualifying exam. The standard age should be under seventy-five years. The qualifications are not any different to the judges wishing to serve in the Municipal courts.

Similarities and Differences between the Two States

Both Florida and Washington have similarities and differences in their judicial selection processes. The similarities are that the judges are elected through a nonpartisan election at some levels. For both states, a judge should be an eligible electorate and a member of that particular state at several instances. When it comes to the differences, Florida employs two methods of selection that includes the nonpartisan elections and the assisted appointment process while in Washington, the independent election process is solely used (Bannon, 2016).

The age bracket requirement in Florida is below seventy years, and that of Washington is below seventy-five years (Bannon, 2016). In Florida, the qualifications are almost the same at all court levels, but in Washington, the requirements vary at each court level. The service term for both the judges, Chief Justice and the chief judge differ in the two states. All judges in Florida have a six-year term with the Chief Justice and chief judge serving for a two-year term (Bannon, 2016). In Washington, different judges at different court levels serve for different terms of six years at the Supreme and Appeal courts and four years at the other levels. The Chief Justice serves as a time of four years and the chief judge for a term of one year (Bannon, 2016)

The relevance of removing a judge from office

A judge may commit disciplinary misconduct and thus face impeachment. In Florida, the judicial qualification commission may recommend the Supreme Court to discipline, retire or remove a judge. The impeachment can also occur when two-thirds of the House of Representatives and the Senate vote against the judge (Carp, Stidham & Manning, 2013). In Washington, the judge may be removed from office through a joint determination of the legislature, and here, three-fourths of the members of both houses must agree, (Carp et al., 2013). Similarly, commission on judicial conduct mandates the Supreme Court with the task of suspending, removing or retiring a judge. In cases of a misconduct or disability, the Supreme Court makes a review and a final decision.

The Best Judicial Selection Process

Basing on the two states, Washington has the best legal selection process. Judges have many levels of courts on which they can be selected. The courts include the Supreme, superior, appeal, district, and municipal (Bannon, 2016). Unlike in Florida where the court levels are few, for instance, the supreme, appeal and trial courts. The Washington judicial selection process has an extended age limit of seventy-five years (Bannon, 2016). Florida age limit is at seventy years. In Washington, the judges at the various levels have different qualifications, and so a judge can be able to attain skills for a particular court level. In Florida, the requirement for the judges is almost the same at all court levels.

Conclusion

In conclusion, the U.S. legal system is a robust system that enables the citizens to receive justice. Both state and federal court systems work hand in hand to deliver the justice. Although the methods vary at the state level, they have a common purpose that they need to achieve which is the correct interpretation of the law. Nevertheless, a lot has to be added to this system for the attainment of justice.

References

Bannon, A. (2016). JUDICIAL SELECTION IN STATE COURTS.

Carp, R. A., Stidham, R., & Manning, K. L. (2013). Judicial process in America. Sage.

Cole, G. F., Smith, C. E., & DeJong, C. (2015). The American system of criminal justice. Nelson Education.

McKay, D. (2017). American politics and society. John Wiley & Sons.