Crime

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Category: Science and Technology

Date Submitted: 09/14/2013 06:11 PM

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How does the dual court system operate in the United States? There are State courts and Federal courts. In some cases, a party can remove a lawsuit brought in State court to Federal court (Title 28, United States Code, section 1441). A State Supreme Court can issue a generally-unassailable ruling on adequate and independent State grounds, and the Supreme Court of the United States can and does issue writs of certiorari to hear cases appealed from State Supreme Courts.

How does the U.S court system compare to court systems in other countries?

The US court system is seen as a fine model for justice. Many countries have modeled their judiciary system after the US system. We could talk about differences and similarities all year, but here are a few specific things to note.

For example, Mexico has a system very similar to ours and Japan modeled their system after ours. Britain has some similarities but they don't have a court that can declare a law unconstitutional like our Supreme Court can.

One thing that really stands out about the US court system are the rights that are given to the accused. Reading of Miranda rights is very unique to the United States and the rights that are guaranteed under those Miranda rights are also very unique. In many countries you may not have the right to a jury trial or to competent legal assistance. The judicial process an individual faces can vary greatly from arrest to trial and judgment. 

The harshness of penalty a convicted individual receives can vary greatly. In some countries the punishment for crimes that we consider to be misdemeanor, such as shoplifting and adultery, can be very severe. The majority of states in the US use the death penalty as punishment but more than 112 countries around the world have abandoned the use of the death penalty.