Criminal Law: The U.S Supreme Court

Question 1

            While civil law deals with things that are non-criminal for example divorce, criminal law deals with crime and the punishment that is given. This implies that it is the law that deals with the violation of law. In criminal proceedings, there is conviction that is if there is evidence that directs towards the guilt of the convict. On the other hand, in civil proceedings, the determinant is the person, group or organization that has the best evidence. The rules of discovery differ in criminal and civil court cases. They are limited in criminal cases because the defendant in the criminal case has definite safeguards according to the constitution. An example of these is the right against self-incrimination.

The bill of rights offers certain rights to defendants during the criminal procedure. The assumption that is made here is that the defendant is innocent. Among the rights that the amendment of the bill of rights offers defendants is the right to be tried publicly. This is important since it ensures that rights that are associated with the trial are observed. The amendments thus are effective towards ensuring that the right criminal procedures are followed. These amendments are consistent with the concept of due process in that as a principle, the due process cites that the rights of each person should be respected and this is what the bill of rights does by defending the rights of persons in criminal procedures (U.S. constitution online, 2010).

The U.S. Supreme Court is very important since it takes the responsibility of making interpretations of laws. It is this court that determines the national policy that is applied in precise disputes. Therefore, though only a few cases are handled in the Supreme Court, by determining the national policy, it indirectly participates in all cases. The warren court of 1953-1969, made various decisions for instance, there was declaration that prayer in public schools was not constitutional and this was in the first amendment.

This was followed by the burger court of 1969-1986. This also made various decisions for example the suspension of capital punishment. Following the burger court was the Rehnquist court of 1986-2005. This court also made some controversial decisions for example the end of recounting of elections in Florida in the 2000 presidential elections. The court that followed starting in 2005 was the Roberts court. This is the first court system in the history of the United States that has threes women justices.

Reference

U.S. Constitution online, (2010). Due process. Retrieved on May 16, 2011 from: http://www.usconstitution.net/consttop_duep.html.

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