The Judicial Process

The Constitution states that every person has the right to a fair trial before a competent judge and a jury of their peers. The Bill of Rights adds to this guaranteeing other rights such as a speedy trial, the right to legal representation, the right not to be tried for the same crime twice, and protection from cruel punishments.

Once arrested for a crime, the accused will get to appear before a judge to be charged with the crime and to enter a plea of guilty or not-guilty.

Next the accused is given a lawyer, if they can't afford their own, and is given time to review the evidence and build up their defense. Then the case is tried before a judge and a jury. If the jury determines that the defendant is not-guilty, then charges are dropped and the accused goes free. If the jury has a guilty verdict, then the judge determines the 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. The highest court is the Supreme Court. There is no appealing a Supreme Court decision.

Comprehension questions:

1. What branch is responsible for interpreting the laws?

2. What kind of federal courts has Congress established?

3. What is the highest court in the country?

4. What does the original jurisdiction of the Supreme Court include?

5. What rights do the Constitution and the Bill of Rights guarantee to American citizens?

TASK 3: Complete the dialogue and translate it from Russian into English:

А: Какой орган является судебной властью в США?

Б: Судебная власть США - ……………...

А: Какова их обязанность?

Б: Их обязанность – проводить ……….. законы в жизнь.

А: А что такое Верховный суд?

Б: Верховный суд является ………. судебной инстанцией в стране.

А: Вы можете что-нибудь сказать о составе Верховного суда?

Б: Он состоит из …….. судей: один главный судья и …….. (помощников) членов суда.

А: Кто назначает судей в Верховный суд?

Б: …………. США, а ……… должен их утвердить. Судьи назначаются ………..

А: Взаимодействует ли судебная власть с кем-нибудь?

Б: Да. Она взаимодействует с …………. и ………. ветвями власти для защиты конституции и прав граждан США.

А: Я Вам очень признателен за подробные ответы!

Б: Пожалуйста!

TEXT 5: THE SYSTEM OF CHECKS AND BALANCES

The Constitution provides for three main branches of government which are separate and distinct from one another. The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This is to keep any branch from gaining too much power or from misusing its powers. The figure below illustrates how the equal branches of government are connected and how each is dependent on the other two.

Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.

The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of "the government", they usually mean the entire system, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms "the government", he is much less so.