Grand Jury Research Paper

A 3rd Article of the Constitution talks about the Judicial Branch. It says that there will be a court and then a “supreme” court that will make many decisions. It later says what kind of cases the federal government gets to hear. The framers wrote detailed descriptions for this Article so that the Judicial system new what cases they got and what cases the federal government got. Without the description, the federal government could possibly override the Supreme Court and get all of the cases. The framers also saw that this Article would need provisions because new cases would arise and new courts would come around.

The Third Article of the United States Constitution set up the Judicial Branch. Section One of the Article set up the Judicial Branch with “one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It also stated that the judges in the Court can only hold office in good behavior with a compensation that is unchanging at anytime in the Court. During their time in office, that is. The Second Section of the Constitution brings to mention the fact that the power that the Judicial Branch has goes to anyone. All cases brought under the Constitution of the United States of America are seen in Court. It also talks about criminal cases having a trial by jury. This not including impeachment trials. The

In 1789, each of the thirteen states had already establish a judicial system such as criminal and civil cases. The United States Constitution is the original document in which it established fundamental laws for the national government as well as protecting the right of the citizens. The U.S Constitution was designed to avoid too much power in the system of checks and balances. As years went by, the Constitution began to adapt to the modern changes. Subsequently, the judicial system began to full fill the U.S Constitution’s purpose. Both Federal and State have their own jurisdiction and functions as stated in the Constitution. However, in recent years the judicial system has been broken due to lack of structure in law on the book and law in action.

The Constitution of the United States is a carefully thought and written document. It is designed to provide for a strong and flexible government, to meet the needs of the public, yet sufficiently limited and just to protect the rights of American citizens; it permits a balance between society's need for order and the individual's right to freedom. Article III of the Constitution establishes the federal judiciary. The section states that "The judicial Power of the United States”, shall be vested in one Supreme Court, and in other inferior courts as established by the Congress. Although the Constitution establishes the Supreme Court, Congress has the power to decide how to organize it, however the Supreme Court Justices decide the cases. There has been a recent controversy on whether or not Congress should hold the most power when it comes to interpreting the meaning of the

The judicial branch which is outlined in article III of the constitution consist of the Supreme Court and other federal courts whose judges may be elected. The duties of this Branch is to fully explain the laws under the constitution and decide if those laws are constitutional. This third Branch of government provides a check on the Legislative and Executive Branch. This power secures peoples liberty’s in case an unfair law is passed. Another area that the judicial system provide equality is through the VI. According to the VI amendment if any person is convicted of a crime they are immediately granted with important rights. One important right is that person convicted has the right to a “speedy and public trial.”( VI Amendment) If the judge feels that the time between the arrest and trial negatively effects the defendant then he may have his conviction overturned. The VI amendment also ensures that the defendant has the right to be tried by an” impartial judge.”(6th amendment) With this amendment the defendant has the right to and unbiased judge and juries. To prevent juries from being potentially bias, the 6th amendment allows the prosecution and defendant to question the jurors before the trial. If either of them believe the jurors are biased they have the right to challenge there rationality to a judge. The sixth

Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said “Government of the people, by the people, for the people, shall not perish from the Earth”. Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the

Since the ratification of the first ten amendments, also known as the Bill of Rights, a concept of justice and liberty was implemented into the lives of many American citizens. Americans seek equal protection in response to issues and notably, many congressional cases. The rule of law in society had become much more complex than it had been when the century began so, therefore, the United States Supreme Court plays an essential role in weighing our nation’s inalienable rights with natural law. The decisions made by the Supreme Court to selectively “incorporate” the provisions of the Bill of Rights though the Fourteenth Amendment expanded the fundamental rights of the people and imposed limitation on states’ power. Along with the Bill of Rights,

The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.

The jury system in America is also influence by the English jury system. Another one of America’s constitutional right is due process which is the basic for fairness that is important in the judicial system which allows our system to work with honor and integrity. According to Currie (1992), the factors of due process involve the United States Constitution; Amendments V, and XIV and in 1970 Illinois State Constitution adopted some rights for due process.

America boasts an unsurpassed justice system. Unlike many Eastern countries, America presumes the defendant “innocent until proven guilty”. The Fourth Amendment protects all individuals against unreasonable searches and seizures, and a valid search warrant must be obtained from a magistrate after proving probable cause. Additionally, in America criminals can be vindicated if the prosecution fails to prove their criminal guilt “beyond a reasonable doubt”. Furthermore, the Sixth Amendment provides the accused with a right to a speedy and public trial by an impartial jury; thus, a hung jury results in a mistrial. Its purpose is explained in the landmark Supreme Court decision Apodaca v. Oregon: “… [T]he purpose of trial by jury is to prevent

A venire is the selected jury panel which has to be established prior to systematically setting forth in the sixth amendment. Jury selection has evolved beyond seeking impartial, unbiased jurors. During the voir dire process, both sides also attempt to exclude jurors who may be detrimental to their case and to retain those who may be beneficial. Jury selection experts have created a science of what to ask and look for during this process, leading to justifiable inquiries about whether it truly is about only impartiality. Although each side has a certain number of peremptory challenges they may assert to remove a potential juror for any reason whatsoever, the use of such peremptory dismissals to create a jury unfairly composed of a group likely

The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the

Article III - The Judicial power works within the supreme court. Congress can change and establish judges. Both supreme and inferior courts have to behave in a certain manner.

stated in the 7th Amendment of the US Constitution. People view the jury as an important part of citizens lives. Without the jury, judges would be in charge of deciding if people were guilty or innocent of crimes. People would have no ability to debate if the person accused was guilty or innocent. The jury system has a special role in the people’s right of popular sovereignty. These people are proud of the jury system and are glad it’s a