How the U.S. Court System Works
The U.S. Court System has the job of determening the guilt or innocence of
a person accused of a crime, and punishing the guilty. The court also
settles disputes between citizens, organizations and goverments.
All courts are presided over by a judge. They decide how the courts will
handle cases, what evidence is allowed to be used and has the job of
sentencing the guilty. In many cases the judge makes rulings between
persons involved in a civil trial. Some court rulings affect only the
people involved, and others effect the public on a massive scale.
Kinds of Cases
In the court system their are two different kinds of cases. Criminal
and Civil trials. A criminal case is a case brought against a person
by the state or country. A civil case is a case brought against a person by
another person(s). We'll cover they two different kinds of cases
here.
Criminal Trial
A criminal case is started when a person is arrested on suspicion of a
crime. Within 24 hours of the arrest the accused must appear before a judge
in something called a magistrate. In minor cases the judge makes a
verdict and in major cases the judge decides whether to keep the defendant
in jail or release him/her on bail. Also a public-defender may be
appointed for defendant who can't afford one.
Then comes the Pretrial Proceedings. Here, the Prosecutor, a
person trying to prove the defendant guilty, formally charges the
defendant. Also it is decided if their is probable cause that the defendant
committed the crime. If probable cause is found, a formal accusation is
filed against the defendant, that states that he/she must appear in a
trial.
The Trial
This is when the prosecuter presents evidence to the jury or judge to try
to get them to decide the defendant guilty. They may present to both
because the defendant, at the begining of the trail, may decide for a jury
trail, a trail before a jury, or a bench trail, a trial before a judge.
Here the Judge or Jury decide the innocence or guilt of the defendant. If
the defendant is found innocent,and aqquital, they say "sorry 'bout the
trouble" and set you free. If the defendant is found guilty then the judge
pronounces a sentance and off you go!
Civil Trial
A civil trail starts when a person or persons files a complaint against
another person or persons. The defendant the receives a summons, which
says be at court on this day or else. Then the irate defendant files an
answer, that's their version of what happened. Then they both appear in a
people's court before Judge Judy or another judge. A jury can also decide a
verdict in these cases. If the defendant is found right nothing
happens and if the plaintiff is found right the plaintiff receives
damages and whatever else they were claiming from the
defendant.
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