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America Cultural Notes

1. the rule of law (also called supremacy of law) This term means that the law is above everyone and it applies to everyone. Whether governors or governed, no one is above the law,no one is exempted from the law, and no one can grant exemption to the application of the law. 

2. judicial independence The principle that the judiciary should be politically independent. That is, courts should not be subject to improper influence from the legislative branch and the executive branch of government, or firom private or partisan interests. One way to promote judicial independence is by granting life tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law,even if those decisions are politically unpopular or opposed by powerful interests. Judicial independence is further enhanced by the power of judicial review. This power can be used when the judiciary perceives that legislators are jeopardizing constitutional rights of American citizens.

3. Department of Justice The U.S. Department of Justice is a major department of the executive branch responsible for enforcing federal law, preventing and controlling crime, and protecting the interests of the nation in legal matters. Created in 1870, it is directed by the Attorney General the nation’s chief law enforcement officer. Headquartered in Washington, D.C. has more than one hundred thousand en^>loyees nationwide and a budget of approximately $11 billion. The Department comprises many administrative units whose responsibilities involve either representing the United States,interests in court or enforcing federal laws. Many of the department’s activities involve traditional legal and investigative Aincdons, such as filing suits on behalf of the United States or apprehending criminals. Other department functions are processing citizenship applications,as the Immigration and Naturalization Service does, or planning policy initiatives, as the Office of Policy Development does.

4. Miranda warnings A Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated. Prior to any interrogation, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney. The defendant may waive these rights, provided the waiver is made voluntarily, knowin^y, and intelligently. If, however, he indicates that he wishes to consult with an attorney before speaking,there can be no questioning. Likewise, if the individual indicates that he does not wish to be interrogated, the police may not question him. That he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries undl he has consulted with an attorney. The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspect’s Fifth Amendment right to avoid coercive self-incriininadon. The reading of the Miranda warnings might be omitted during arrest, such as if the evidence is already sufficient to indict, or if the suspect is talkative and volunteers information.

5. reasonable doubt Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. If the jury or the judg^ in a bench trial has a reasonable doubt as to the defendant’s guilt, the jury or judge should pronounce the defendant not guilty. Conversely, if the jurors or judge have no doubt as to the defendant’s guilt, or if their only doubts arc unreasonable doubts’ then the prosecutor has proven the defendant’s guilt beyond a reasonable doubt and the defendant should be pronounced guilty. The prosecution and defense need not prove beyond a reasonable doubt that every piece of evidence offered

into trial is authentic. If a prosecutor or defendant objects to a piece of evidence, the objecting party must come forward with evidence showing that the disputed evidence should be excluded from trial. Then the trial judge decides to admit or exclude it based on a preponderance of the evidence presented. Reasonable doubt is required in criminal proceedings under the Fifth Amendment to the U.S. Constitution.

1. What it special features does the U.S. judicial system have? are the different powers and jurisdictions of the federal courts and state courts?
2. What Are these two court systems completely independent from one another? How many levels does each court system consist of?
3. What significant roles does the Supreme Court play in the American judicial system and sodcty?
4. What is judicial review? How is it related to judicial independence?
5. What are the sources of the law in the United States? How do they help current American law work?
6. How are federal judges in the United States selected? What are the basic qualifications for an American lawyer?

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