A23
Law
According to the law of both the US and UK, people are considered to be innocent until proven guilty. This means that if someone is accused (ACCUSE) of a crime, they cannot be punished until it has been proved beyond reasonable doubt that they are guilty. If someone is found guilty by a court (=the court decides that they are guilty), they can sometimes ask for permission to APPEAL to a higher court in the hope that it will change the decision.
Criminal law in the US
The US has two separate court systems, state courts and federal courts. State courts are used when someone has done something against the laws or CONSTITUTION of a particular state. Federal courts deal with cases that concern the laws and constitution of the United States as a whole. Federal courts also hear cases where the US government is one of the sides involved. Serious crimes can be tried (TRY) in either state courts or federal courts depending on the situation.
After someone is ARRESTED, a judge, or in some cases a GRAND JURY made up of between 16 and 23 ordinary men and women, decides whether they should go to TRIAL. If there is enough EVIDENCE, the accused goes to court, and is asked, 'Do you plead guilty or not guilty', meaning 'do you admit that you committed the crime, or do you say that you did not do it?'. If they say that they are not guilty, they are sent to trial in either a State Court or County Court, or in federal cases, a District Court. There they are tried by a judge and a JURY of 6 or 12. If the accused is found guilty, they may have the right to appeal to a higher court, as shown below.
The highest court in the US is the Supreme Court. It deals with appeals from lower courts and in some cases from the State Supreme Court. It is made up of a Chief Justice and eight justices who are chosen by the President. The Supreme Court decides which cases it will hear.
The Appeals System in the US
The diagram shows the courts in order of importance with arrows representing the appeals system.
Federal Courts
Supreme Court
Court of Appeals
District Court
State Courts
Appellate Court
State Supreme Court
State/County Court
Criminal Law in England and Wales
When someone is arrested, the Crown Prosecution Service (CPS), a government organization, decides whether there is enough evidence for the case to go to court. If there is enough evidence and the case is serious, the accused is sent to a Crown Court for a trial with a judge and a jury of 12 people. If the VERDICT (=decision) of the jury is that the accused is guilty, the judge decides the SENTENCE (=punishment). If there is enough evidence and the crime is a less serious, the case is heard in a Magistrates' Court. If someone is found guilty in the Crown Court, but thinks that this was wrongly decided, they can take their case to the Court of Appeal (Criminal Division) to be heard by a judge, as shown in the diagram below.
The Appeals System in England and Wales
The diagram shows the courts in order of importance, with arrows representing the appeals system.
Criminal Courts in England and Wales
House of Lords
Court of Appeal (Criminal Division)
Crown Court
Magistrates' Court
Criminal Law in Scotland
Scotland has a separate court system. After someone is arrested, an official called the procurator fiscal decides whether there is enough evidence for a trial. If there is enough evidence and the crime is a very serious one, the accused is sent to a High Court of Justiciary, to be tried by a judge and jury. In Scotland there are 15 people on a jury. If the crime is a less serious one, the case is heard in a Sheriff Court. The sheriff is a trained lawyer who acts as a judge. Appeals from the Sheriff's Court go to the High Court of Justiciary.
The Death Penalty
The DEATH PENALTY is the punishment of death, for very serious crimes such as murder. The UK has not had the death penalty since 1965, and many people think that it is morally wrong, although some people would like to bring it back. In the US, some states have the death penalty.