The Judicial Process

JUDICIAL PROCESS 1

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The judicial process

Question 1:

Over the past 24 hours, I have been affected by 3 laws. They areplaying poker for money at home, speeding and illegally downloadingmusic. The gambling law was passed to control unlawful gambling andto regulate the agencies involved in official gambling. According tothe law, gambling should only be conducted for charity reasons.Various governmental departments are used to enforce the law withspecial penal codes, such as the 31 US Code 5361 for gambling. It isa good idea to enact the gambling law as it helps to containexcessive indulgence and risky financial behaviors.

Afew hours ago, I sped past a 50 mph sign, breaking the speed law. TheFederal governments, together with the national government, uses thelegislature and police department to review speed limits and passlaws to control over-speeding in the American highways and othermajor roads. There are three methods of enforcing the speeding laws.They are average speed measurement, instantaneous speed measurement,and pacing. The National Highway Authority, together with theSheriffs’ offices, are used to enforce this law and bring tojustice those who break it. It is a good idea to enact this law as itprevents road accidents that may lead to death and loss of property.

Finally,I broke the music copyright law by illegally downloading a song on mycomputer, from an unauthorized site. According to the AttorneyGeneral’s office, illegal downloads, copyrights, file sharing andpiracy are punishable crimes under the law of the land (Siegel,Schmalleger &amp Worall, 2015). This law is enforced as a civilmatter, however, there are certain jurisdictions that do not apply tosome cases. The copyright and piracy law is good one as it helps topromote the owners of the content and enable them to make a livingout of their art.

Oneof my friends was arrested for fighting in public and causing publicdisturbance. He thus broke the public order law. This law is passedto put in order people who do not conform to the general ideas ofnormal social behavior. If capacitated, I would change this law toinclude people causing disturbance at home. This would help controlexcessive behavior in personal residences, which affect many people.Another friend was arrested for walking around with his father’sgun.in the US, it is illegal to handle firearms without licenses. Iwould change this law so that the owner too may be arrested for beingcareless with their firearms, hence help court cases to preventfuture cases of illegal firearm possession.

Question2:

Propertylaw –This is the area of law that covers issues regardingownership and leasing of real property. According to Siegel et al.(2015), real property should be differentiated from movable property,and as such, it mainly includes land and buildings. This law helpsthe courts to solve matters of property ownership, rental, leasingand acquisition.

Tortlaw – This is body of right and obligations that are applied bycourts to matters where a person causes harm or suffering to another(Siegel et al., 2015). The law is used to provide relief to thecomplainant and let the perpetrator pay for their wrong doings. It isdifferent from family law in the fact that is applies to individuals.

Familylaw – This is a group of decisions and remedies of thefederal and state constitutions that are used to solve disputesrelating to family relationships. The issues may be in the form ofinheritance in the case of family bonds and finances in the case ofdivorce (Siegel et al., 2015).

Contractlaw – Is an area of common law, which deals with agreementsbetween entities, made on mutual consent (Siegel et al., 2015). Bybeing in a contract, the parties bind themselves to the legalobligations defined, and as such, will be held responsible for anyform of breach of agreement.

Criminallaw – It is the body of law that relates to general crime. Itis different front the other described laws in that it is not boundin application, as it is used to punish people violating stipulatedsocial conduct (Siegel et al., 2015).

Question3:

The 4th amendment addresses the right of everyone to besecure in their personal spaces, such as homes. In that effect, itoutlaws any unlawful searches in the people’s personal spaces, andconfiscation of property through seizures. If no warrant has beenissued by the court, a search is deemed illegal and anything obtainedfrom the same cannot be used to prosecute the person in court. TheSupreme Court has interpreted the 4th amendment over timeto allow the authorities to search people and make advised arrests(Stevens, 2014). On the other hand, the 5th amendmentprotects the citizens from being accused of major crimes withoutgoing through the process of a jury. At the same time, it protectspeople from being brought to court to answer a similar crime, what inlaw is known as double jeopardy. According to the law, it is unlawfulto make a person answer for a capital without involving a jury,except for the military.

The6th amendment states that “In all criminal prosecutions,the accused shall enjoy the right to a speedy and public trial, by animpartial jury of the state and district wherein the crime shall becommitted” (Stevens, 2014). Therefore, the law guarantees that anindividual that has been accused of committing a certain crime hasthe right to a legal representative, in the form of an attorney, whocan advise and defend them in the court. If a person cannot afford anattorney, one is appointed for them by the court. The 8thamendment prohibits cruel and inhuman punishment. It states that“excessive bail shall not be required, no excessive fines imposed,nor cruel and unusual punishments inflicted” (Stevens, 2014). Giventhis, state departments are given the freedom to purse their own waysof punishing wrong doers, without violating the 8thamendment. As for punishments that are interpreted to be inhumane,such as the capital punishment, the Supreme Court rules that it issupposed to be carried out in a fair and consistent manner. Finally,the 15th amendment granted African American men the rightto vote. It stated that all citizens should not be denied the rightto vote on account of color, race, or previous condition of servitude(Stevens, 2014).

These amendments have helped to improve the quality of lives of theAmerican people by recognizing their civil rights and protectingthem. In the contemporary law practice, the amendments have helped toprotect people from the excesses of the authorities, and helpedjustice to take its course in a fair and just manner. Additionally,the laws have redefined the American legal system, making it one ofthe best in the entire world.

References

Siegel, L. J., Schmalleger, F., &ampWorrall, J. L. (2015). Courts and criminal justice in America (2nded.). Upper Saddle River, NJ: Pearson.

Stevens, J.P. (2014). Sixamendments: How and why we should change the constitution. NewYork, NY: Little Brown.