I was also tasked that if I discovered evidence suggesting a violation of other putative articles of the UCMJ to include such items. In this I find that SFC Pereira is may also be guilty of Article 92 violations on an occasion where the duties assigned to him, or regulations governing his behavior were not personally agreeable. Two separate instances were documented during my investigation. The first was that during the GRAY EAGLE test event setup, O/A 7-9 April 2015, SFC Pereira refused to take direction from the test leadership, as he was given a lawful order, and had a duty to obey said order but refused.
Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.” (legal-dictionary.thefreedictionary.com). The third issue questioned if the Supreme Court has the authority to review acts of Congress and determine whetehr they are unconstitutional and therfore void. The fourth issue evaluated if Congress can expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution? Article III is broken down into three sections.
The title of Chapter 2 is "Criminal Courts, Pretrial Processes, and the Exclusionary Rule." The chapter begins with a description of the structure of the U.S. court system, which is a dual court system. A dual court system means that there are both federal- and state-level courts who operate within their own jurisdictions. The United States District Court is the trial court for the federal system.
At the lowest level of the state court system is the municipal court which reviews local ordinance violations such as traffic laws as well as some minor civil offenses. State Circuit Courts adjudicate in both civil and criminal court hearings, they often have special court for family and juvenile law cases. The State Court of Appeal decides matters of appeal from state court rulings. All US states have a Supreme Court to litigate further appeals for adherence to state laws.
Offenders don’t realize the reality when reentering society because they aren’t giving the necessaries resources. The reality is how the criminal justice system have label them. When an offender is release from prison their life is over due to the way the criminal justice have develop. Many would concur that there is a problem with strength based. As clearly demonstrated there will always be pros and cons towards an issue.
COURTS The court system is made up of many operational parts that all work together to achieve an overall goal. For my courtroom observation I have chosen the State of Florida v Casey Marie Anthony trial. This trail took place on the 23rd floor of the Orange county courtroom in Florida which seats about 50 people. Casey Marie Anthony (the defendant) is on trial for the death of her two-year-old daughter Caylee Marie Anthony. She is being tried for first degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of providing false information to police.
I believe that the federal justice system is just and unbiased. The federal justice system has guidelines and rules to keep them from using power improperly and targeting groups of people based on their race. This is talked about in article “Is the Criminal Justice System Racist”. There are statistics given pertaining to the prison sentences given to African Americans, prosecution during a felony trial, and crime/prison rates.
The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.
At the local level, many ways that advocates are determined is based on the jurisdiction because it is common that at the local level that advocacy programs go through the court system. In South Carolina, the Ninth Circuit Solicitor’s Office runs a program for Charleston and Berkley County. This program aims to aid in handling victims and the crimes they have gone through ("Victim & witness programs: Ninth judicial circuit office of the solicitor," n.d.). Whereas the Army dealt with a softer approach in aiding victims, this program’s main objective is to help the victim while going through the criminal justice system in courts. They aim to educate them in the process of court and stand by them to make sure they are treated justly with a familiarity and understanding of their rights ("Victim & witness programs: Ninth judicial circuit office of the solicitor," n.d.).
Pros and Cons There are two common viewpoints when discussing mass incarceration. The first of the two revolves around the idea that the system of criminal justice is working, while the second provides that the word “justice” means “just us” – referring to the profiling of people of color (Brown, 2008, p. 53). Looking at the statistics at face value may seem staggering, but there are important aspects to consider before determining whether mass incarceration is justified. For those who believe that mass incarceration is justified, there are facts that may provide some truth.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
The major problem is that the Stand Your Ground Law is misused and too many innocent killings are taking place. Killing charges have been dismissed or defendants were acquitted or not charged at all. Understanding Stand Your Ground Law article stated ‘since, the Stand Your Ground law has been invoked more than 200 cases in Florida where charges were dismissed or defendants were acquitted or not charged at all. (2012)” That’s just in one state.
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies authority, justice, and dignity of the court. It manifests itself in wilful disregard of or disrespect for the authority of a court of law, which is often behaviour that is illegal because it does not obey or respect the rules of a law court. Basically, contempt of court means disobeying court of law and its decision in bringing justice.
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.
