Due process under the Michigan and Federal court system
American InterContinental University
February 27, 2015
Due process is the legal responsibility that the state must follow with regard to an individual’s right. It states that all people shall be treated fairly in any and all criminal and civil trials and that no one shall be deprived of life, liberty or property without due process of the law. This keeps the playing field leveled for everyone involved. It is especially important for the courts because whenever a defendant’ rights are violated an appeal is surely to follow. Due process is the formal and correct way of doing things in a legal case.
Michigan Court of Appeals
The Michigan Circuit courts are the trial courts; they have the most extensive power in Michigan. They handle felony criminal cases (where the accused could receive a prison sentence if found guilty) and cases with claims of more than $25,000 comprehensive powers in Michigan. The Circuit courts also handles adoption cases, divorces, paternity cases and personal protection proceedings. When a defendant believes that his or her rights have been violated at trial within the circuit court system an appeal is filed with the Michigan Court of Appeals. However, a defendant cannot file an appeal just because he or she was found guilty, a violation of the defendants’ rights must be in question and some type of legal basis for the appeal. The Michigan Court of Appeals is an intermediate appellate court and is the highest volume appellate court in the country. It was established in 1963 by the Michigan Constitution. Usually, cases can be appealed to this court from final orders of a circuit court as well as some probate court cases and agency orders. U.S. Court of Appeals – Sixth Circuit
Within Michigan the verdict from a federal trial court can be appealed in the U.S. Court of Appeals Sixth Circuit. This court has appellate jurisdiction over district courts and is one of thirteen federal courts. The Evarts Act of 1891 led to the creation of this court. It is located in Potter Stewart U.S. Court house in Cincinnati, Ohio. There is one noted high-profile case which originated in the U.S. Federal District Court of Michigan; this is the federal case of former Mayor Kwame Kilpatrick of Detroit, Michigan. He was convicted in federal court on multiple charges which included the R.I.C.O act. His attorneys filed for an appeal in the U.S. Court of Appeals Sixth Circuit and the three panel judges agreed to hear his case. As noted by www.wxyz.com (2014), “The United States Sixth Circuit Court of Appeals will hear the appeal of former Detroit Mayor Kwame Kilpatrick as well as his associate Bobby Ferguson.” U.S. Supreme Court
The United Supreme Court was established in 1789 following Article III of the United States Constitution and is the highest federal court in the United States. The President of the United States has the authority to nominate the justices and they are appointed with the recommendation and approval of the Senate. As noted in by American InterContinental University [AIU] (2014), “The justices are appointed by the President and are confirmed by the Senate under Article III of the U.S. Constitution.” The Supreme Court only has original jurisdiction over criminal acts involving treason and piracy.
American InterContinental University. (2014). Courts in Criminal Justice: Federal Judicial System. [intellipath]. Retrieved from American InterContinental University Virtual Campus, CRJS215-1501A-01: http://mycampus.aiu-online.com Michigan courts (n.d.) One court of justice. Retrieved from
U.S. Sixth Circuit Court of Appeals agrees to hear Kwame Kilpatrick, Bobby Ferguson appeal. (2014). Retrieved from...
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