Reflection Exercise
How the Federal and State Judicial Systems Are Alike and Different
The Federal and State judicial systems are set up from different sources. Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts (United States Courts, 2016). Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases. Magistrate Judges handle some District Court matters (United States Courts, 2016). The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior (United States Courts, 2016). The Federal Courts hear cases that deal with the constitutionality of a law, cases involving the laws and treaties of the U.S., cases involving ambassadors and public ministers, disputes between two or more states, admiralty law, bankruptcy, and habeas corpus issues (United States Courts, 2016).
The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Under these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts (United States Courts, 2016). States also usually have courts that handle specific legal matters, such as probate court (wills and estates), juvenile court, and family court (United States Courts, 2016). State court judges are selected in a variety of ways, including election, appointment for a given number of years, appointment for life, and combinations of these methods (United States Courts, 2016). The State Court System hears most criminal cases, probate cases (involving wills and estates), most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), and domestic civil and criminal cases (United States Courts, 2016). State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases (United States Courts, 2016).
The Institutional Representatives Involved in the Criminal Process and Their Duties in the Process
Criminal justice is a process, involving a series of steps beginning with a criminal investigation and ending with the release of a convicted offender from correctional supervision. The rules for criminal justice include the U.S. Constitution and Bill of Rights, state constitutions, the U.S. Code, state codes, court decisions, federal rules of criminal procedure, state rules of criminal procedure, and department and agency rules and regulations. The Federal Rules of Criminal Procedure govern the procedure in all criminal proceedings in courts of the United States (Houghton Mifflin Harcourt, 2016). Decisions are based on discretion. Discretion is used when police make choices about whether to arrest, investigate, search, question, or use force. Prosecutors exercise individual judgment in deciding whether to charge a person with a crime and whether to plea‐bargain. Judges use discretion when setting bail, accepting or rejecting plea bargains, ruling on pretrial motions, and sentencing. Parole board members exercise discretion when deciding whether and when to release inmates from prison (Houghton Mifflin Harcourt, 2016).
The major steps in processing a criminal case are investigation, arrest, prosecution, indictment, arraignment, pretrial detention and/or bail, plea bargain, trial or adjudication, sentencing, appeals, and punishment and/or rehabilitation. Investigation of a crime is done by the police. The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest. An investigation may require a search, an exploratory inspection of a person or property. Probable cause is the standard of proof required for a search. Probable cause means there are facts or apparent facts indicating that evidence of criminality can be found in a specific place (Houghton Mifflin Harcourt, 2016).
Arrest of a suspect is also done by the police. An arrest involves taking a person into custody for the purpose of holding the suspect until court. Probable cause is the legal requirement for an arrest. It means that there is a reasonable link between a specific person and a particular crime (Houghton Mifflin Harcourt, 2016).
When deciding whether to charge a person with a crime, prosecutors weigh many factors, including the seriousness of the offense and the strength of the evidence. If there is enough evidence, then the prosecution moves forward with the prosecution of a criminal defendant (Houghton Mifflin Harcourt, 2016).
Next in the process is the indictment by a grand jury or the filing of an information by a prosecutor. Under the Federal Rules of Criminal Procedure, an indictment is required when prosecuting a capital offense. A prosecutor has the option of an indictment or an information in cases involving crimes punishable by imprisonment. In about half the states and the federal system, a grand jury decides whether to bring charges against a person in a closed hearing in which only the prosecutor presents evidence. The defendant has no right to be present at grand jury proceedings and no right to have a defense attorney represent him or her before the grand jury. The standard for indicting a person for a crime is probable cause. In some states, a prosecutor files a charging document called an information. A preliminary (probable cause) hearing is held to determine if there is enough evidence to warrant a trial. The defendant and his or her attorney can be present at this hearing to dispute the charges (Houghton Mifflin Harcourt, 2016).
After the indictment, the judge makes an arraignment. Before the trial, the defendant appears in court and enters a plea. The most common pleas are guilty and not guilty (Houghton Mifflin Harcourt, 2016).
The judge then determines the pretrial detention and/or bail. This is based on recommendations from the prosecutor. Detention refers to a period of temporary custody prior to trial. Bail is an amount of money paid by a defendant to ensure he or she will show up for a trial (Houghton Mifflin Harcourt, 2016).
The defendant may wish to enter a plea bargain. The plea bargain is negotiated between the defense attorney and the prosecutor. Usually, in plea bargaining, the defendant agrees to plead guilty in exchange for a charge reduction or sentence reduction (Houghton Mifflin Harcourt, 2016).
If there is no plea bargain, the case goes to trial. The trial is heard by a judge or jury, with a prosecutor and a defense attorney participating. A trial is held before a judge or jury. The standard of evidence for a criminal conviction is guilt beyond a reasonable doubt. Less than 100 percent certainty but more than high probability. If there is doubt based on reason, the accused is entitled to be acquitted (Houghton Mifflin Harcourt, 2016).
If the defendant is found guilty, there will be a sentencing. Sentencing is set by a judge. Possible sentences include a fine, probation, a period of incarceration, or some combination of supervision in the community and incarceration (Houghton Mifflin Harcourt, 2016).
The defendant has a right to appeal. Appeals are filed by attorneys in appellate courts and then ruled on by appellate judges. If an appellate court reverses a case, the case returns to trial court for retrial. With a reversal, the original trial becomes moot (it is as though it never happened). Following a reversal, a prosecutor decides whether to refile or drop the charges. Even if a prosecutor drops the charges, the defendant can still be prosecuted later as long as the statute of limitations for the crime the defendant is accused of committing hasn’t run out. Such a statute imposes time limits on the government to try a case (Houghton Mifflin Harcourt, 2016).
Punishment and/or rehabilitation is administered by local, state, or federal correctional authorities. Most inmates do not serve the complete term and are released before the expiration of their maximum sentences. Release may be obtained by serving the maximum sentence mandated by a court or through an early release program such as parole or pardon (Houghton Mifflin Harcourt, 2016).
The Biblical Principles Integrated in the Criminal Justice Process
The Bible teaches that crime is caused by evil in men’s hearts. “Then the Lord saw that the wickedness of man was great on the earth, and that every intent of the thoughts of his heart was only evil continually. Now the earth was corrupt in the sight of God, and the earth was filled with violence” (Genesis 6:5, 11). God established civil government in the earth as the means of restraining evil doers and protecting law-abiding citizens (Genesis 9:6; Romans 13:1-7; 1 Peter 2:13-14). Crime comes under the jurisdiction of the state or civil government. While all crimes are sins, all sins are not crimes punishable by civil authorities (Providence Foundation, 2016). Justice is a good thing because it is a virtue that promises rectitude and equity. The Founding Fathers, who were steeped in both classical and religious education, drew examples from history and the Bible, to form the American system of government. Civil governments throughout history have declared many actions to be criminal that according to God are not criminal at all, including reading the Bible and worshiping God according to the dictates of one’s own conscience (Providence Foundation, 2016). Sometimes men have criminalized bad behavior, with the goal of limiting behavior that was not criminal according to God, but rather was sinful, or potentially sinful. The Eighteenth Amendment to the United States Constitution is one such example. This well-intended but ill-conceived prohibition amendment, adopted in 1919, caused more problems than it attempted to solve and was eventually repealed in 1933 (Providence Foundation, 2016).
Some use prohibition to proclaim we cannot legislate morality, nor should we try to legislate morality. However, every law is a legislation of someone’s morality. Murder and theft are moral issues. Enacting laws against these actions is a legislation of morality (Providence Foundation, 2016). While all law legislates morality, it is very important to understand that man cannot legislate goodness. Laws cannot change the heart of man; they cannot elevate men above the level of their faith and morality (Providence Foundation, 2016).
Society must understand the source of crime before they can effectively deal with crime. The Bible clearly states that wickedness and sin in the heart of man is the source of crime (Genesis 6:5, 11).
References
Houghton Mifflin Harcourt. (2016). The process of criminal justice. Boston, MA: Houghton Mifflin Harcourt.
Providence Foundation. (2016). Crime and punishment: a biblical perspective. Charlottesville, VA: Providence Foundation.
United States Courts. (2016, Dec). Comparing federal and state courts. Retrieved from United States Courts: http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts