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The Judicial System of America

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Alexander Infantino

on 15 October 2013

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Transcript of The Judicial System of America

The Judicial System of America
Supreme Court Case: Miranda Rights
Italian vs American Judicial Branch
Italian vs American Judicial Branch
Judicial System Idea in 1787: A Constitutional Convention and delegates shared a commitment to an independent judiciary. Mutual agreement made(FJC).
Madison Proposal: Believed in one or more supreme courts, possibly different jurisdictions. Judges picked along with a council of revisions.
The Judicial Act of 1789: State courts allowed to share jurisdiction over many matters arising under federal law and the Constitution(FJC).
-Circumstances handled by
state or jurisdiction
How can it be organized?
Network of committees
Executive Committee of Judicial Conference: Act on matters requiring emergency action, but otherwise not a policy-making committee. This committee reviews jurisdiction of Conference committees, prepares proposed consent and discussion calendars for meeting of the Conference, and establishes and publishes procedures for assembling agendas and schedules of events in preparation for Conference sessions(Admin...Courts).
Here it is
What Types of Courts View Cases?
Italian Court System
Justice of the Peace: Over 4,700 justices of the peace are found in Italy
They review many trivial cases that deal with small disputes of property and law (Italy)

These judges are the most common in Italy as most cases do not require higher "level" judges

The Italian system does contain one head judge, but the head judge shares power
throughout the branch.

Italian Court System
Court of Last Instance: This court's main role is to review troubling cases and make certain that the law is followed to the letter

Civil and Specialized Courts:
There are specialised courts to handle some matters, including:

"Juvenile courts, special divisions to deal with agricultural matters attached to trial and appeals courts, and the regional court for cases concerning public waters. These bodies are made up of career judges and experts." (Italy)

American Court System
Jurisdiction determined by congress

Inferior Courts are required to follow the decisions made by the Supreme Court no matter what the outcome

Most cases are tried in the inferior federal courts as the law can be easily interpreted by these judges

Similarities between the two
The Supreme Court and Court of Last Instance are very similar as they are the highest courts and only review major cases

Although America has more specialized courts based on need/location/law, each branch contains specific courts designed to deal with specific cases allowing expert judges to view trials based on knowledge

Italian Court: One President Judge with many sub judges
America: 6-9 Head Supreme Court Judges

Miranda Vs. Arizona
The Courts
In America there is a hierarchy in the courts system.
Trial courts; original jurisdiction, majority of cases heard here
State courts; trial courts with state jurisdiction
Appeal courts; review and retry cases
Federal courts; try cases involving federal law or the constitution
Supreme court; final say on all interpretations of the laws
He was never told his rights and did not know his rights as a citizen
He ended up admitting to kidnapping and raping a little girl

- To become a judge in Italy, “candidates take part in competitive examinations, passing through various levels; duties are assigned after a training period.”
-there are a few ways in which the fifteen officials can be elected. One is elected by the president of the court, one-third are appointed by the president of the Italian Republic, one-third is elected through Parliament, and finally the last third are elected by the various courts within the Italian government
In the US judges aren't elected, to become a judge you have to be appointed by the President, as well as approved by the senate, once you become a judge of the Judicial Branch there is no set term, a judge or justice serves until death, retirement, or conviction
Because of this case, whenever anyone gets arrested, they must be read their rights
He still went to jail after this and died in jail
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you. Do you understand the rights as I have explained them to you?
Works Cited (placeholder for now)
"9d. How Judges and Justices Are Chosen." American Government. Web. 23 Sept. 2013.
"Administrative Office of the U.S. Courts". Organization. Document. 20 September 2013.
"Federal Judicial Center". 1967. Document. 20 September 2013.
Fine, Toni M. "U.S. GOVERNMENT The Three Branches Judicial Branch How U.S. Courts
Work." InfoUSA. Web. 20 Sept. 2013.
Hart, Diane, and Bert Bower. Government Alive! Power, Politics, and You. Palo Alto, CA:
Teachers' Curriculum Institute, 2009. Print.
"Italy." European Commission. Web. 20 Sept. 2013.
"Landmark Cases of the U.S. Supreme Court." N.p., n.d. Web. 23 Sept. 2013.
"The Judicial Branch." The White House. Web. 20 Sept. 2013.

People of the Court
The Judge; overseer of trial, answers questions on laws, and decider of sentences
Defendant; person being accused of crime
Prosecution; lawyers against the defendant
Jury; group of regular citizens, listen to evidence, and decide verdict

Judges are appointed by the president or a senator.
The jury is selected randomly from eligible citizens.
Powers of The Judicial
The Judicial branch holds trials when scenarios aren't clearly covered by the law. It can question and interpret the meaning of laws. It can decide if certain laws are constitutional and if they aren't, remove them. As well as decide the applicability of laws on a case.
Positions and Powers
Positions in a Court
Different Courts
Powers of the Judicial
The main goal- Interpret and apply laws (The Judicial Branch)
Allow people to live/ feel safe
Equal treatment with no special leeway

American Court System
United States Supreme Court: The highest court in the land, interprets laws and decides the ways in which the law should be applied

The Fourth, Fifth, and Sixth Amendments to the Constitution set guidelines that the courts must follow when reviewing cases
Speedy Trial
Right to Attorney
No Double Jeopardy
(The Judicial Branch)

What Happened
The American Justice System gives it's power to the people allowing them to defend themselves no matter what.
The Fifth Amendment in the Constitution states this fact, but many were not explicitly told this right.
In the Miranda Vs Arizona case, a man was arrested and confessed under the pressure of the situation. He was never told that he could remain silent and that he had a right to a fair trial.
Why does this matter?
The Miranda Rights
Full transcript