Term Paper on "Dual Court System"

Term Paper 5 pages (1432 words) Sources: 4 Style: MLA

[EXCERPT] . . . .

Nklenske

Courts

The Dual Court System of the United States

The United States judicial branch operates under a dual-court system at several two different levels, essentially making it a dual-branched, dual court system. At one end is the separation between the federal court system and the state system. At the other end is the separation between trial courts and appellate courts. Finally, to be technically correct, there is a separation between criminal and civil court systems.

The first system of dual courts is the state and federal systems. The federal judicial system will hear any case dealing with a violation of federal law or a federal issue. Typically these will include such issues as federal crimes, especially drug-related, cases involving the federal government and cases involving federal law in some way. For example, if a mail delivery person in Idaho gets injured on the case this will be a federal workers' compensation claim because the mail delivery person is a federal employee.

Likewise, if someone is charged with delivering drugs across state lines, they will be charged with a federal crime, despite any state rules that were broken.

On the other hand, the state judicial systems deal with any matter related to state law or occurrences within the state that do not have federal jurisdiction. (Origins of the Federal Judiciary, p. 201).

What makes this level of the dual system interesting is when an issue involves two states, or when two states have jurisdiction over a matter. In such a situation, the federal courts will be given jurisdiction. Likewise, in a situation where there is a question of whether a state law is constitutional, the federal court system will gain jurisdiction.

This second example brings us to the second level of the dual court system. At both the state and federal level there are trial courts and courts of appeals. The trial courts are the finders of fact and make the initial decision of a case. After that decision is made, every individual has a right to appeal. The appellate courts will examine the record for errors in law or abuses of discretion made by the trial court. After the decision of the appellate court, the case may be taken to the supreme court of the state if it deals with an unsettled matter of law. Finally, the United States Supreme Court may hear an appeal of a state matter whenever the issue involves a matter of national interest or national law and policy. (Origins of the Federal Judiciary, p. 145).

The need of the death penalty in capital cases.

Capital cases are crimes involving a serious federal offense.

The federal government, and a handful of state's, use the death penalty as a sentencing option for the jury to give if an individual is found guilty.

Those in favor of the death penalty argue that it works as a deterrence for others to commit capital crimes. Further, some argue that nothing short of death would be just in a case of taking another's life. In order to have a just system of justice, these individuals will argue, the punishment must equal the crime otherwise there will be no faith in the justice system and the entire concept will collapse into chaos.

People who oppose the death penalty will argue that the option of death as a potential punishment has done absolutely nothing to deter capital crimes. Statistics in states that employ the death penalty consistently show that crime rates have not gone down as a result of the death penalty. Further, as was seen in the state of Illinois, the death penalty is not always just as often times judgments are wrong and innocent people are put to death. Likewise, if the system unjustly punishes people, there can be no faith in the system. (Turrow, et. al.).

A plausible answer to this question is that no, the death penalty is not needed in capital punishment cases. Life imprisonments will serve the same general need, but not risk the unjust killing of innocent individuals. Notice, however, that this argument does not say that the death penalty should be abolished, but only that it is not needed. Granted, the possibility of death for the killing of another does have deterrent powers and gives a sense of equal justice.… READ MORE

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