The British & U.S. Court Systems: What Is Real Justice?
Begin Essay IV. Essay IV is a researched position paper mandated by the English Department. It will require at least three sources; and simple-minded sources like Wikipedia do not count towards the three minimum sources (it is, however, a good idea to begin with Wikipedia or somesuch to get started). At least one source must be an argument AGAINST the position you adopt. Choose ONE of these topics:
Comparing the American criminal justice system with the criminal justice system of one other country (you might begin with Chapman 236-243 or Hernu 244-250 from Hirschberg and Hirschberg but you must still do some other research.);
Perhaps some other topic prompted by current events.
The ideas behind all these topics are something controversial where there could be more than one reasonable position, involving globalization, and participation in the current national debate. The specific parameters will be furnished later.
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What is real Justice?
In both countries, the court systems are similar since the British colonized the U.S. and directly imparts common law on America. However, common law ascends from court decisions and definition while in America the constitution is the foundation of common law. The special magistrate courts according to the constitution handle civil disputes and minor criminal offenses. In the U.S., these are exclusive cases for state courts. In both countries, other serious crimes go through the three-court hierarchy, which comprises the lower courts, appeal courts, and the supreme courts. At the federal level, the same court hears both criminal and civil cases. In the U.K., the lowest court is the crown court while in the U.S. it is the district court and both countries move to the court of appeal then to the Supreme Court CITATION Joh13 \l 1033 (Rabon).
Both court systems rely on past judicial opinions and precedents when solving cases and litigations. These are cases or opinions in the U.S. Both countries legislators are lawmakers constitutionally. In the U.K., these are in the Houses of Parliament while in the U.S. they are in the House of Representatives and the Senate. In the U.S. in the process of passing a bill into law, a majority of the legislatures need to approve before the President signs it into law. In case the president refuses, two-thirds majority vote can override that decision and pass the bill into law CITATION Sha12 \l 1033 (Shahidullah).
In both countries, besides naming, the roles of lawyers are similar. In the U.K., they are barristers and solicitors while in the U.S. they are lawyers. In the U.S., non-litigators and litigators receive a single license while in the U.K. they receive separate licenses. In th...