Here is your essay on The American Criminal Law Courts !
The judicial arrangement for the administration of criminal justice in United States is well known for its compactness and high standards of efficiency. In fact, the American judicial system ranks as one of the best judicial systems of the world. According to Taft Donald, the American court system is the product of American influences.
The development of trade and commerce created need for new and complex laws and also a professional class of lawyers. Moreover, the Americans lacked confidence in the theory of judicial precedent and therefore, preferred that juries who are the representatives of the people should control the judicial process rather than the Justices. The power of judicial review has contributed a good deal in development of a sound judicial system in America.
ADVERTISEMENTS:
During the period between 1781 and the Civil War in 1789, Judges used to preside over the American Courts and the Appellate Courts started functioning at a latter stage. The period marks the beginning of the present system of courts in United States.
At present, the American trend is to accept the influence of Judges and to permit jury trials to be waived by the accused. The modem American judicial system consists of the following categories of courts for the administration of criminal justice:—
1. The Supreme Court of United States:
The Supreme Court of United States is the highest judicial institution in the hierarchy of American Courts. This Court exercises appellate jurisdiction over the cases from State Courts which involve violation of due process clause or any special problem of national interest or where gross injustice is caused to a certain minority community.
2. Supreme Court of the States:
In each of the American State, there is a Supreme Court. The functions of this Court are analogous to that of the High Courts in India. The decision of this Court is final in criminal cases and an appeal from the decision of this court lies to the Supreme Court of United States in special circumstances. The Court has both, original and appellate jurisdiction.
3. Superior District or Circuit Courts:
ADVERTISEMENTS:
These courts try felonies and indictable misdemeanours and hear appeals from subordinate courts.
4. The Lower Trial Courts:
These courts include the county and municipal courts trying misdemeanours.
5. The inferior Courts of local Magistrates:
They rank as the lowest courts in the hierarchy of American courts. They also include Justices of the Peace trying summary offences. The Justices of Peace often lack legal training.
Like United Kingdom, the system of trial by jury is a popular feature of the American judicial system. In fact, the system of trial by jury is an expression of democratic element in the administration of criminal justice. Some jurists, notably Jerome Frank have criticised the jury system and characterised it as an agent of the lawyers to win the case in their favour rather than decide question of fact. The jury can disregard rules of evidence and instructions of the Presiding Judge and need not record the reasons for its decision. Thus, there is no guarantee of real justice from juries.