Indeed, the judge stepped over the line when he criticized the mother of the offender. The rationale behind it is that the mother is innocent with regard to the crime, and might have raised her on in a good way, but the son might have failed to listen to her. The judge has a right to pronounce a sentence as a punishment to the sexual offenses committed by the offender. However, he can only accuse the mother or parent of the offender upon realizing that the offender had been behaving in the same manner in the past and under the watch of the parent. Despite all this, there is no legal provision in the constitution supporting the idea of a parent or guarding being prosecuted or accused for the crimes committed by his or her children.
The laws and constitution of every state in America establish state courts. The Supreme Court is the highest court of the state and usually the court of the last resort. Following the supreme courts, second state court in power is the court of appeal then followed by the state trial, district, or circuit courts. Apart from that, in the state court legal system, some courts handle special legal matters; for instance, family courts, juvenile and probate courts (Hogan 17).
In terms of administrative of justice, a lower court can request a higher state court in the hierarchy to listen to a case, a lower court cannot challenge the decision made by the higher state court. Ideally, parties dissatisfied with the decision of lower state courts can seek for legal consent and/or fresh determination of their case.
Article three of the constitution of gives judicial powers to all states of America in managing federal courts. The congress has a mandate of creating lower federal courts; from these powers, the congress has created 94 and 13 district courts and US courts of appeal respectively. In the federal court system, there are special courts such as US bankruptcy courts, and US courts of international trade. Like the administration of the state courts, individual who are dissatisfied with the lower federal courts can proceed to a higher federal court to re-determine or reconsider their case (Hogan 17).
While working or administering justice in the courts of law, various officials including the defense attorney, the prosecutor, the judge and the judicial officer have to form an information arrangement that help them to work effectively and in collaboration. Such a local arrangement is called a court work group. The defense attorney play a role of protecting the innocent accused suspects from facing judgment of false accusation (Cole and Christopher 238). The prosecutor, on behalf of the state, reads charges against the defendant. In essence he plays a role of attacking the defense and ensuring that he weakens their case to allow the state a chance of sentencing the suspect. The judge has a responsibility of determining cases, denying and granting bails, issuing warranties, and presiding over trials and mentions.
Judges in a court of law usually preside over all proceedings and ensure that order is maintained. Apart from that, judges usually establish whether the evidence presented is admissible or not because it would be used to determine the case. Moreover, the judge instructs the jury by giving them the side of the law that will enable them deliberate on the case and decide on its fate. After determining all the facts and other information about the case, they determine the fate of the case.
Depending on the state, the process of judge selection is different; however, the judges can be selected using any of the following ways (Haynes 27)
Partisan election: running as part of their political parties, judges vie for office expecting that the electorate will vote for them.
Non-partisan election: These judges vie for office, voted by electorates, but are not affiliated to any party.
Merit selection: here a committee of members of the legislature who selects a judge based on his or her potential and performance selects judges.
Appointment: the governor of the state or members of the legislature select their judges.
Works cited
Cole, George F., and Christopher E. Smith. Criminal justice in America. 7 ed. Belmont, Calif: Wadsworth Pub. Co., 2013. Print.
Haynes, Evan. The selection and tenure of judges. Clark, N.J.: Lawbook Exchange, 2005. Print.
Hogan, Sean O.. The judicial branch of state government people, process, and politics. Santa Barbara, Calif.: ABC-CLIO, 2006. Print.
