Peirspictiochtai Ar An Saol
The current system of justice in the United States is mostly decentralized, with some aspects operating through a central structure. It is more accurate to describe the American justice system as a number of separate and distinct systems of justice within the country.
A summary of aspects of the justice systems in the country follows.
In general, there are five types of judicial systems operating in the United States. Three of these kinds of justice systems are operational in many jurisdictions, with one of those types of justice systems mostly based on secrecy. A fourth type of judicial system is operational in a number of communities in the United States.
There are usually different levels of these justice systems within each state and commonwealth as well as different levels of these judicial structures within the Federal government. These different levels include courts that determine if a party is guilty or not guilty, courts that handle appeals of guilty verdicts, and courts that have the final say on whether a guilty verdict stands or is overruled.
The fifth justice system is only found within the Federal government and is one based on secrecy.
Civil courts typically handle matters between private parties. Decisions are made based on the preponderance of the evidence. Potential penalties, if so determined, usually involve orders to provide assets – money, property, or other types of resources – to the prevailing parties. The Constitutional right to be provided an attorney to represent a party generally does not apply in civil courts. An individual has the right to remain silent – a right enshrined in the Fifth Amendment of the Constitution of the United States – in civil courts, but the decision to avail oneself of that right can have negative consequences in civil courts.
Criminal courts usually handle matters where a governmental entity brings charges against individuals and other entities. Convictions are based on the evidence showing that the individual is guilty beyond a reasonable doubt. Possible penalties, if so ordered, include incarceration in a jail or prison. Other potential penalties include fines, restitution to victims, community service requirements, terms of probation, and other specific orders. If an individual charged with a criminal offense does not personally have the resources to be represented by an attorney, the government will provide an attorney to an individual facing criminal prosecution. An individual charged with a criminal act has the Constitutional right to remain silent and cannot typically be forced to testify in a criminal court where that testimony could be considered detrimental to the individual.
Specialized courts focused on juvenile crimes, domestic violence crimes, family matters, and other issues operate throughout the United States. In addition, a number of other specialized courts also exist in various jurisdictions in the country. For example, a community may have established a Drug Court to handle low-level criminal activities involving illicit drugs, or a community may have established a Veterans Court to handle certain types of criminal activities alleged to have been committed by military veterans. These types of courts are designed to divert people charged with crimes from criminal courts to courts that may have a greater understanding of issues facing the individuals charged with specific crimes. In addition, some states have specialized courts that focus on business matters and other similar issues. Specialized courts also exist for specific issues on the Federal level; two examples: courts that focus on tax matters and one that deals with vaccine injuries. Specialized courts typically have individuals who are well-versed on the specific issues to be decided by those courts.
Grand juries operate in many jurisdictions. A grand jury acts as an initial reviewer of a case presented by a prosecutor to determine if there is sufficient evidence to proceed to an actual criminal court. The evidence is usually presented from the perspective of a prosecutor rather than providing evidence from both a prosecutor and a defense attorney. On occasion, a person who is the subject of a grand jury proceeding may be present and provide testimony. The number of people included in a grand jury varies based on the state and Federal jurisdictions. A vote by a grand jury to indict must be by a majority of the members of a grand jury, but does not typically have to be unanimous. Grand jury proceedings are usually secret.
One court on the Federal level where proceedings are always done in secret is the Foreign Intelligence Surveillance Court. This court only hears evidence presented by the United States government. It has wide latitude to issue decisions regarding surveillance typically related to national security matters. The American people usually have no right to know what this court has done or not done. In cases where there has been “significant construction or interpretation of the law,” leaders within the Federal government are required to release some information relating to those decisions. In these situations, redactions of key elements of a case are permitted even if some other information is released to the American people.
The next news columns in this series will continue to focus on specific characteristics of justice as it is practiced today in many parts of the United States as well as ways that justice could be practiced through Zero-Based Justice.
Peirspictiochtai Ar A Saol – Gaelic – Irish – for “Perspectives On Life” is a column focused on aspects of accountability and responsibility as well as ways people look at life.
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