Amer_Court_System - Our system is called an adversarial...

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9-20-07 Our system is called an adversarial system. The prosecution is supposed to go for max punishment and the defense for min. punishment, but within the rules (no extortion, bribery, or witness intimidation). Our system does not ask the prosecution and defense to seek justice, it wants them to win. The two parties in our judicial system that are supposed to seek justice are the judge and jury. Over-charging – The prosecutor charges the defendant with more than the crime merits in order to scare the defendant into a plea agreement. p. 59 Federal Bankruptcy Judges receive their job from the Court of Appeals and are appointed to 14-year terms. Nearly 1/200 Americans claim bankruptcy every year. Because bankruptcy laws change so often, they must have special courts and judges that specialize in it. Nearly half of all bankruptcies are due to medical expenses. p. 68 A decision by the Circuit Court of Appeals exhausts the litigant’s right to one appeal. Article 13 – Military Court Low-level punishment p. 67 Foreign Intelligence Surveillance Act created Foreign Intelligence Court. Crime- breaking of the law nullem crimen, nullem lage “no crime without law” Most laws involving violence are passed by the state. Most of the laws we live under are state laws and not federal laws. Prior to the Warren Court of the 1960’s, the Federal Courts did not get involved in state laws. Ex. Capital punishment and school prayer were all state choices, not dictated by federal government. To cope with rising case loads: 1) Cut back on federal jurisdiction 2) Create more judgeships
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9/25/07 – TEST 2 Jury Nullification – It is in the power of a jury to acquit on the grounds that the law doesn’t fit the case at hand. Crime There are far more crimes against property than there are against person. Crime – a violation of the law Initial appearance – Accused told of charges, bail set, and date of preliminary hearing set Preliminary hearing – Pretrial hearing to determine whether or not the trial will be held for the accused Arraignment – When the accused must give a plea of guilty or not guilty and the trial date is set.
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