Friday, December 11, 2009

Guest Blogger: Braedon W.

This week we have been exploring the workings of the United States Judicial System. We have seen how cases of varying importance make their way through both the State and Federal level courts, by walking through a small crime that can be handled with a quick trial to a larger one that may have to go through several courts to reach a decision. I found it interesting how the Supreme Court was able to do its job properly when they have over 10,000 petitions that are on the docket per term. This made me wonder how cases are chosen to be given the attention of the most prestigious court in our nation, as well as what happens to the cases that are denied.
After doing a little research I found that all of the eligible cases are presented in the form of a petition for writs of certiorari. Once the petition has been submitted it is voted on by the Justices in a conference session. The Justices will decide on hearing a case if it has compelling reasons such as the interpretation of a federal law or the Constitution as well as other reasons. The Justices will usually grant plenary review and oral arguments by an attorney to around 100 cases per term. In addition to hearing these cases the Justices will give formal written opinions to 80-90 cases per term.
This means that several thousand cases are denied by the Supreme Court each year. So what ends up happening to them? When the Supreme Court denies a case, which happens in most circumstances, the ruling in the lower court is upheld as the final ruling.
I know when I hear about a court case today the first thing that I think of is how much time it will take for a decision to be made. It could be argued that our judicial system isn’t efficient, but I for one would rather have a fair and just trail instead of a controversial trial such as the Amanda Knox trial in Italy.

6 Comments:

At 8:22 AM, Anonymous Anonymous said...

Thank you Braedon for the comments on our federal judicial system. You summed up the work of the Supreme Court very well and left us with something to think about at the end. Our system may not be the best as it is in the hands of humans and we are fallible. We know there are have been guilty people that have been allowed to go free but we would like to think that it works most of the time. Did you know that in some countries the burden is not on the gov't to prove you guilty but that upon your arrest you must now prove to the court your innocence?

Mr. Thompson

 
At 6:53 PM, Anonymous Jordan said...

Braedon for all the cases that the Supreme Court does not take we just have to trust that the lower courts decision was the right one (although it is hard to believe after the presentations we heard the Supreme Court over ruled most of the cases presented).Thompson-I knew other countries where harsh with crimes but I didn't know that in some you must prove innocent at the moment of arrested. How does that work? is that because it is hard to do so the govt. would be able to punish them easier? Just curious.

 
At 9:59 AM, Anonymous Kels Ads said...

I agree that Supreme Court cases take a LOT of time for a decision to be made. But it is definitely worth it to spend a lot of time if it means giving a just trial. Also, in cases that involve capital punishment, sometimes the person that is executed is found to be innocent after he has been killed because of new information/technology advances. Dragging out the time, in some cases, is beneficial and can save lives.
About what Mr. Thompson said, having the govt. prove us guilty vs. having to prove ourselves innocent just goes to show how the liberties in our country work. Making it necessary for them to prove us guilty gives us more freedom from government control and power.

 
At 9:39 PM, Blogger bztdlinux said...

Check out the following link:
Supreme Court Calendar

From it you can see that even though they go through thousands of cases, only Fridays are spent actually going through them. Even more interestingly, there seem to be a large number of unscheduled days - possibly the Supreme Court was undertaxed in 2008?

I think that the biggest decision that goes into hearing a case in the Supreme Court is if it is questionable or controversial enough among the justices. There is hardly any point in hearing a case which none of the judges think will turn out any different, no matter how high profile it is. That also means that they probably don't have a specific quota to fill, which could explain the gaps which are caused when they don't see any interesting cases to put there.

Of course, maybe Justices just need to sleep on things for a while.

- Thomas D

 
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