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An overview of the roles and responsibilities of the President, Congress, and the Judicial Branch in the US legal system. It covers the process of signing bills into law, the power to veto, the responsibilities of Congress, the role of the Courts in interpreting laws, and the nomination process for Supreme Court justices. Key vocabulary related to the legal system is also provided.
Tipo: Apuntes
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The Constitution of the U.S was finalized in 1788. It was made for all the people to have the rights to life , liberty and pursuit of happiness. It’s the supreme law of the Land. → Each State has his sovereignty and, all the States have been unified as one Nation. There are 3 equals branches for the federal government :
House of Representatives
→ The bill can be rejected , accepted or changed
→ If the President choose to veto the Bill, the congress can try to override the veto by getting 2/3 of the vote from both the House and the Senate Responsibilities and powers of the Congress :
The job of the Courts is to interpret the laws of the Congress, they do not make laws.
They only make decisions on actual cases where someone has shown that they have been harmed. The Federal Supreme Court is the highest Court of the Country. → This court has 9 justicies (= judges) since 1869 appointed for life. The judges are appointed by the President and then confirmed by the Senate. →They can only be removed from office by death or impeachment from Congress. → This is to allow the judges to make decisions based on their conscience and not on what they feel they need to do to get reelected They review cases that have been appealed from the lower courts → around 150 cases each year The lowest Courts have to follow the guides set by the Supreme Court.
→ If someone can’t afford a Lawyer, he is given a Court appointed lawyer by the Government
Judge determines the defendant not guilty = charges are dropped → accused goes for free Judge determines the defendant guilty = judges determines sentence If one side feels that the trial wasn’t handled correctly or fairly, they can appeal to a higher court. → The higher court may overturn the decision or keep it the same. There is no appealing a Supreme Court decisions.
For the justice nomination, the candidates are nominated by the President of the United States. They are nominated for life w/ the consent of the Senate. BRETT KAVANAUGH Life facts :
Jugements importants sur des sujets de sociétés de discorde
Etre accusé d'un crime, d'un délit
Accorder une excuse ou un report pour difficultés excessives
has the final say)
commited in a reasonable “heat of passion”
America has the world's largest prison population. More than half prisoners serving time in federal prisons are there for non violent drug offences. Over 80 billion dollar a year is spent by the Government for incarcerating people. President Obama recently commuted the prison sentences of 46 non violent drug offenders. Those people had served more than a decade in prison. Obama justify his action with those arguments: They are non violent + their penalty is too harsh + they deserve a second chance. Nearly 90 commutations were issued by President Obama during his presidency. During the 80’s it was the “War on drugs in America”. Though penalties were introduced for non violent drugs. The prison’s population rocketed and sharply increased. This led to the problem of overpopulation. Now is time for reform because : There is a lot of inquiries in the criminal justice system. There is a necessity to make the US criminal justice system fair. There is the question of financing. It cost around 31 000 dollars a year to house petty an inmate. WHO IS HILLARY CLINTON? She is the former First Lady / the former Secretary of State / And was the democratic presidential front runner THE 1994 CRIME BILL It’s famous for the creation of three strikes rule. It imposes life sentences on people convicted of 3 criminal offenses, including drug offenses. This leads to mass incarceration. Hillary Clinton and her husband used to support the crime bill but now they have both admitted that is was a mistake. But Hillary Clinton thinks that the bill wasn’t totally a failure, for her some elements have worked such as “the violence against women provisions”. HILLARY CLINTON AND THE BLACK COMMUNITY The two associations fighting for Black rights : NAACD + Black lives matters Hillary Clinton once used the term “superpredators” to refer to black kids. It was clearly a racist designation and she was sharply criticize for using that word. Moreover, Hillary was criticized for her support of the 1994 crime bill by the Black lives matter protesters. However Hillary Clinton has remained relatively popular among black voters. The mothers of 3 victims of police violence even had openly compained for her.
between Februaru 1st^ and ending about mid-June. They are the means to determine each party's official candidate for the general election in November.
in primary elections to select their party's presidential candidate
A large majority
It's a plan made by the Governor Brown to give more inmates a chance for early release. He wants to restructure how the State awards credits for good behavior, giving this way for the inmates a greater chance of parole. This proposal is for the inmates whose base crime was non violent. The prosecutors oppose the proposal for two reasons. The first reason is that they would lose some power in the negotiation of pleas with defendents. A plea bargain is an agreement between the prosecutor and defendant : the defendant agrees to plead guilty in return for a lesser sentence. The majority of criminal cases in California are resolved by plea bargain (95%). The second reason is that the proposal would also take away their power to charge some minors in adult court.
Years can be added to a person's sentence. The years added can even sometimes exceed the sentence for the crime that brought a defendant to court. There are different reasons for enhacements for example, being a gang member or using a gun during the crime.
ADDITIONAL VOCABULARY
persons reffered to as “the class”.