Essay: The legal system

The courtroom and legal system are one of the most important keys to a successful country as they justify a guilty or non-guilty individual who is accused of proceeding with actions that fail to follow the law. In the past decades, many controversial cases have not only shaped the courtroom, itself, but also the legal system of the United States. One of the major changes in the courtrooms is, of course, the Death Penalty which had been modified over the years including the restrictions. Similarly, the Equal Rights Amendment attempts to be passed and ratified had also affected courtrooms and the legal system as after many years, women would be accept as Jurors, and victims to abuse in a marriage. The courtroom and legal system are indeed very essential to a nation to adapt, but many children and adults do not understand the actions that are taken during these proceedings. Many may not know that there are two types of cases, crime and civil cases, which have great differences corresponding with each other although most individuals focus on crimes cases as they find them more interesting, but if they do get into a case, it will most likely be a civil one. Before the controversial cases come along, we must first focus on the courtroom itself which consists of Judges, Jurors and Lawyers who play the main role in the cases that take action during times.
The choosing of Jurors, Judges, and Lawyers (advocates) are a very controversial and essential aspect of the court due to the fact that they are the ones who decide whether the individual testified is guilty or not. The jurors are to be individuals who would listen to the Lawyers, Platiff, Witnesses, and Defendant and to take in account all facts spoken and/or shown. Later, they are expected to go into the Jury Room where they are to discuss the information given to them and decide reasonably the verdict or the outcome (guilty or not). The Jurors, however, are chosen in certain ways. Primarily, a jury pool or venire is composed long before the
court case to choose certain individuals from the state from random voter registration lists to driver’s license lists. At first, only white men were allowed to be included in these juries and excluded colored men and women. Certain people, however, are not able to attend the court case or jury selection due to their job, such as doctors and nurses, as they have a very important job in which they have to participate in. Others, such as teachers, construction workers, restaurant workers, etc. are chosen, but are still payed while absent from work.
After the Jury Pool had been chosen, they are gathered and questioned/tested to determine if they are the right ones. Depending on the case, a certain number of jurors and needed. Most Civil Cases include six jurors which can be increased by stipulation of both parties. More severe criminal cases or misdemeanor cases, twelve jurors is a requirement. However, alternate jurors are also chosen in case one of the main jurors cannot make it due to an illness. They do listen to the trial and evidence of the trial like all of the jurors, but then do not enter the jury room where the discussions are being held by the jury on the verdict.
In this certain place, they will be tested by the lawyers and judge which is called a jurisdiction. During a jurisdiction, twelve people on the jury list are called up to be tested. At first, the judge or other personal would describe what kind of trial it is who would then ask if someone is uncomfortable in being in this type of trial. For example, a crime of murder or rape may be taking place and a man or woman would feel uncomfortable serving as a jury member for this type of case. They would then be excused and allowed to not be part of the jurors. The remaining jurors (most jurors are not lost yet), then take part in a voir dire where they would be questioned which would determine if they are biased or not.
If a lawyer feels that a person would make the verdict biased or unfair, he would take it to the judge with a reason to dismiss them. “For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit” (http://www.americanbar.org/groups/public_education/resou rces/law_related_education_network/how_courts_work/juryselect.html). Lawyers may attempt to dismiss an unlimited amount of jurors until they are satisfied with the jurors. However, the judge may or may not deny the decision of the Lawyer if no good reason is provided. The Lawyers, both however, also have peremptory challenges. “These challenges permit a lawyer to excuse a potential juror without stating a cause. In effect, they allow a lawyer to dismiss a juror because of a belief that the juror will not serve the best interests of the client” (http://www.ameri canbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryselect.html). These challenges, however, are not allowed to be based on race or sex and are not unlimited. When both parties have decided upon the people in the jury, the jurors are sworn in to try the case by the court clerk.
Other important players of court cases, are the judges who are to “preside over court hearings and trials, supervise legal proceedings and uphold the rights of individuals involved in a legal process” (http://study.com/become_a_judge.html). Judges must work long hours in preparation for hearings and sometimes may have to travel to one, always being available during emergency situations.
The first step to becoming a judge would be to attend undergraduate school which would prepare the careers of individuals for law. Next, the individual would have to obtain a law degree which would include going to law school. Law school would prepare the individual to be a lawyer which is generally required for a judge to be. Lawyers must hold Juris Doctor (J.D.) degrees which “require completing three years of legal education at a law school approved by the American Bar Association (ABA)” (http://study.com/become_a_judge.html). The third step would then be to complete and pass the bar exam which is necessary to be part of the jurisdiction of practice in their state. The fourth step would be to become an attorney who would appear in court, draft court documents and conduct legal research. The fifth step would be to obtain a judgeship where lawyers would be appointed or elected through themselves submitting their names, or certain politicians to recommend them. Most of the time, to obtain judgeship, the individual would have to have a strong history of legal practice and support from politicians. The sixth and final step, would be to take several tests which would then accept you to be part of the judges if you pass.
To summarize it all up, the degree level required by the Judge is a Juris Doctorate. He or she must have had prior experience as a lawyer is generally required. They also must also have a state-specific license to practice law. They must have critical thinking, reasoning, decision-making and communication and for this they would get around $115,000 annually.
“Lawyers advise clients in legal matters. Also called attorneys, lawyers may advocate for their clients and defend them in court. These roles require lawyers to have extensive training in legal procedure, writing and research. After earning an undergraduate degree, aspiring lawyers must complete law school and earn a Juris Doctor (J.D.). All lawyers must pass their state’s bar exam to practice.” (http://study.com/education_requirements_for_becoming_a_lawyer.html) Lawyers are occasionally chosen by the individuals, but may sometimes be assigned to the Platiff or Defendant. The Lawyer has a great role to play during the court case and can greatly affect the outcome of the trial depending on if he cares, or even believes the individual.
To become a lawyer, the individual must have a Juris Doctor (J.D.) where he or she would acquire it from a law school. To get into the law school they must graduate from a bachelor’s degree program and pass the Law School Admission Test. It would be helpful to be good at reading, speaking and argumentation skills which are core necessities in being a lawyer. After earning the J.D degree, they would have to take a bar exam. A lawyer is expected to make about $115,000 annually like the judge.
When Jurors, Lawyers and Judge are chosen, the case can now be carried out, but there are certain procedures and a setup that must be followed in all court cases. The two cases, civil and crime, take different procedures which should both be discussed. The individuals attending the courtroom have certain positions to take, actions and must act in a certain behavior that is accepted by the court and is accustomed to.
The positions of the individuals in the court are usually very similar in every court. The Judge would be seated in the front of the court as he is one of the main persons in the room who would be facing everyone. On the right side of the courtroom would be the in-court clerk and the witness(es) would be next to him or her farther from the judge. On the other side of the courtroom (left side) would be where the jury is. In the middle of the courtroom, towards the bottom, there would be the plaintiff and the defendant, where the plaintiff would be closer to the left, closer to the jury. In between and a bit to the front, would be a podium where they would rise to speak. And lastly, behind all of the individuals would be public seating available to most people. Around the room, there may be security guards in case of a physical dispute that may cause trouble and/or harm.
Each person in the courtroom has a certain role or job before, during, and after the case or trial. The Judges job is to make sure that the courtroom is orderly and conducted to the law and court rules. The judge is to be called “Your Honor”, wears a black robe during hearings or trial and the people are to stand when the judge enters the room. The in-court clerk would have their own specialized work station and would consist of several jobs which include “checking in the parties when they arrive, announcing the judge when he/she enters the courtroom, swearing in the parties by giving the oath to tell the truth, making an electronic recording of the court proceeding, and writing “log notes” which are notes of what is said in the proceeding” (http://cou rts.alaska.gov/shc/family/shctrial.htm). The witnesses are chosen by the Plaintiff or Defendant who have witnessed or seen the case. Physical pieces of evidence may be introduced like blood, fingerprints, a knife, etc. Witnesses are to be questioned by the Plaintiff and/or Defendant while sitting in the Witness Box. The Plaintiff is the person who had filed the case and may be represented by an attorney. He or she would work to find the Defendant guilty and convincing the jury this. The Defendant would be near the Plaintiff and would be accused of committing a crime/wrongdoing and would be tried to be proven guilty. The Jury is to listen to the trial and evidence given and later use that evidence in discussions that would then be taken place outside the courtroom, instead in the jury room. The Jury is rarely allowed to ask questions during a trial or hearing and may only ask a question if permitted or if they write it on a piece of paper and hand it to the judge. If the question is toward the Defendant or Plaintiff, they have the decision to answer the question or not. The public seating consist of members who would sit quietly watching and occasionally may feel despair or contempt. The podium may be used by attorneys to question witnesses or by the plaintiff and defendant if they are representing themselves.
Civil cases are less severe cases that take place in the courtroom. They include “Divorce and related lawsuits (child support, custody, and the like) account for a very large number of civil cases. Cases involving contracts are also frequent. Automobile collisions account for many tort (personal injury) cases, another common kind of civil case. An auto collision gives rise to a civil case if one driver sues the other, or if a passenger in one of the cars sues either driver. An auto collision might also lead to a criminal case, if it involves allegations of a crime such as drunken driving or leaving the scene of an accident.” (http://www.americanbar.org/groups/public _education/resources/law_related_education_network/how_courts_work/cases.html). A civil case would settle disputes between two people and when someone files a suing, it may be solved before, during or even after the verdict of the court case. The court may solve a portion of the dispute assisting the two individuals.
The Plaintiff or person filing the suit would file a suit as a complaint in the court. If the case is based on a certain type like domestic relations the filer is known as the petitioner and the respondent is the one whom the case is filed against. The Plaintiffs point of view would be present in this complaint and would ask for relief such as money. When the complaint is filed, the defendant would be notified and would admit or deny the statements made in the complaint by the Plaintiff. The defendant may also include a counterclaim and evidence or their version of the situation that had occurred.
There are several Motions that may be taken which include the Motion to Discover, Dismiss, and for Summary Judgement. The Motion to discover is when one party seeks to gain information from the other party. The Motion to dismiss is when the case or suit is dismissed as it does not have a legally sound basis although all the facts may or may not be true. Lastly, the Motion for summary judgement is when the merits of the case are discussed before the trial.
Criminal cases are different from civil cases as they involve the suing of an individual not only by a certain person or victim, but also by the government as the defendant may have disobeyed the law and therefore, actions must be taken. Some of the cases that are more widely known would be rape and murder.
The criminal case would at first go through the Judicial Process where the principal individuals are a U.S Attorney who is also the prosecutor and the grand jury which would mostly consist of twelve Jurors. In court proceedings, the U.S Attorney would represent the United States decides whether it is sufficient to require a defendant to stand trial. Next is the Burden of Proof which has the Defendant not try to prove himself guilty or not but has the U.S Attorney do this. Before the trial, investigation occurs to gather evidence which may vary from background information to a weapon. The Judge would review this evidence and the charges filed and would decide if the defendant shall be kept in jail. If not, the defendant is to report back to an authority every few days/weeks to ensure that he or she is not trying to get away. If the verdict is guilty, the Judge would assign the sentences based on the guidelines. A fine may be paid to the government or Plaintiff, or they may be sent to jail. Prohibition may also be enforced if the defendant is not sent to jail and may be required to get some mental help.
When the trial takes place, all the action occurs that all the people like to discuss. Many arguments are brought up and witnesses are questioned. Evidence is thrown all over the place and Jurors are expected to take note and remember it for further discussion that would take place in the Jury room. Counterclaims and rebuttals would take place and one side may be stronger than the other. When all of this ends, the Jury is to go to the room and come up with the Verdict. This Verdict is not based on the majority, but is based on what all the people think. It can result in 12-0 or 0-12 or else it would be a hung jury.
Controversial criminal cases had a great impact on the legal system and of how the court cases are taken today. Many technologies over time had a great effect on the cases that had taken place and would have saved a great amount of time and burden in the past. In 2007, 78 cases had been heard on issue concerning terrorism, water rights, firearms, and immigration which all have a great impact on the society.
One of the biggest court cases would have to be the O.J Simpson case due to the amount of confliction present in this one case. The amount of people for and against O.J Simpson always seemed to be tied and it would be very surprising for someone not to know about this football player. On June 11, 1994, he was at his daughters play with his ex-wife and then his ex-wife, Brown, had went to dinner with friends while he went home to pack. The next day, neighbors had found Browns and Ron Goldman’s (her friend) bodies in front of the house. O.J Simpson was the one to blame and was later charged for murder of the two and was to be put to trial. The trial began on Jan. 24, 1995. The prosecutors, witnesses are said to be lousy as they would present their evidence and later be criticized by O.J Simpson’s lawyers for something that didn’t seem right. In addition, Johnnie Cochran, the leader of O.J Simpson’s defense team was said to have manipulated the fact that the Jury mostly consisted of black people and was able to get their sympathy that O.J Simpson was only tried because he was black while the victims were white. One of the strongest evidences that was believed was the glove which O.J Simpson was unable to put on. This glove was said to be the killers glove and the cut on it, did match the one he had which was reported by a witness. When O.J Simpson was unable to put the glove on, most people would agree, but then others disagreed. The prosecutors had tried to rebuttal with reasonable information as the glove was soaked with blood and frozen and unfrozen many times which would have changed its size considering it was made of leather. In addition, one of the famous phrases of this trial “If it doesn’t fit, you must acquit.”
This case had a great effect on the society due to all the reactions it had received and it had showed later on of how important technology truly was. DNA testing is now a major solution to many court cases due to the liable data that it provides and DNA testing could have truly easily solved this case. Many blood drops and hairs were found on the site of the crime scene, but at the time, much development in DNA testing was not that great not allowing for these possibilities. In other cases, however, they did have a great effect, easily getting the correct verdict just by showing evidence on the DNA found at the site and if it matched or did not match the DNA of the defendant. In court, the first time it was used was in England of 1986 when molecular biologist Alec Jeffrey’s was asked for court as he had been studying DNA for forensics and using his techniques, he was able to prove that the defendant was not guilty of the rape of two victims. Later on, however, they had found the correct person who was actually guilty of the crime and they had again used the DNA found at the site. Shortly after DNA testing started to be taking place in the United States and was also used for crime cases. The Circuit County Court in Orange County, Florida, had convicted Tommy Lee Andrews after DNA testing had showed that his DNA matched the DNA in the semen traces found in the rape victim.
DNA testing had become a major part in Court Cases starting from 1986 and later on, on October 30, 2004, President George Bush signed the Justice for All Act which would enhance funding and guidelines for the use of DNA testing in judicial processes. Crime labs around the country for DNA testing had increased so that it would be more advanced and accurate. This had resulted in many defendants and prisoners to be freed or ensured for their crime. For example, some people on death row may be found not guilty of the crime they had committed and were allowed to leave and not be killed. And for some, their death was ensured to be needed as they did in fact, commit the crime according to DNA testing.