Post Eight: Judicial System

Our Sunday School lessons this past quarter have focused on Justice and how we are expected to administer it fairly. This past Sunday we talked about how Jehoshaphat, King of Judah, set up a system of courts in and around the cities where the people lived as well as what might now be called an appeals court. His focus was eliminating corruption in the justice system. One of the things we talked about was our current Justice system and how complicated it seems to be. While we hope justice is blind and that everyone gets a fair trial, that doesn’t always happen. Clearly there are cases where bribes are given, people or judges condemn for the wrong reasons, or people get away with murder. Aside from that, however, just navigating the justice system can be overwhelming and nearly impossible without a lawyer. Sometimes what appears as the rich getting off unjustly might just be a matter of them having a lawyer smart enough to make sure his client gets a fair trial. For instance, take two people, one rich the other poor. Both have been accused of committing separate crimes that neither committed. If both are acquitted most of us would say the rich guy bought his freedom while the poor guy must have just been innocent. On the other hand, if the poor guy gets stuck with a well-meaning, but inexperienced lawyer he might not win his case because of some oversight that a well paid lawyer would never let happen. Lawyers are great targets for jokes or other negative comments, but having a good lawyer when you need one is very important.

One of the things that makes this country great is judicial system we have in place to protect the rights granted to us in the constitution. Now clearly, there are reforms needed. I don’t suggest that everything is perfect with our system, but we are in a better position than many other people in places around the world. My point today is not to offer all the changes/corrections I think are necessary, but rather to point out that sometimes, even when you are innocent, having to navigate the system can be daunting and unwise to take on alone. Thanks to all the good lawyers out there. All those jokes we tell really aren’t about you!

Here is some more information on our court system both at the federal level and the state level.

The Federal Court System

The Constitution grants Congress power to create and abolish federal courts, although the United States Supreme Court is the only court that cannot be abolished. Congress also has the authority to determine the number of judges in the federal judiciary system.

In general, federal courts have jurisdiction over civil actions and criminal cases dealing with federal law. Jurisdiction can overlap, and certain cases which that may be heard in federal court can instead be heard in state court. Federal courts can only interpret the law in the context of deciding a dispute. A court cannot approach an issue on its own or in a hypothetical context. 

http://people.howstuffworks.com/judicial-system1.htm

Click on the following link to view a diagram of the Federal Court System.

http://www2.maxwell.syr.edu/plegal/scales/court.html#sca

South Carolina's Unified Judicial System
South Carolina's unified judicial system is headed by the chief justice of the Supreme Court, who, along with four associate justices, is elected by the general assembly to a 10-year term. The Supreme Court is the final court of appeal. A five-member intermediate court of appeals for criminal cases was established in 1979, but legal questions (specifically, about the election of general assembly members to four of the five seats) prevented the court from convening until 1981; the court became a permanent constitutional court in 1984.
Sixteen circuit courts hear major criminal and civil cases. As of 1999 there were 154 circuit court judges, all of them elected by the general assembly to six-year terms. The state also has a system of family courts for domestic and juvenile cases. In addition, there are magistrates' courts (justices of the peace) in all counties, municipal courts, and county probate judges.

http://www.city-data.com/states/South-Carolina-Judicial-system.html

South Carolina Court Structure
State High Court	Court of Last Resort Supreme Court
Intermediate Court	Intermediate Appellate Court Court of Appeals
Trial Court	Court(s) of General Jurisdiction* Circuit Court (3) Court(s) of Limited Jurisdiction Family Court (3) Magistrate Court (23) Probate Court (3) Municipal Court (number in parentheses are judges in Spartanburg county)

http://wlwatch.westlaw.com/aca/west/statecrtorg.htm

In light of today’s post on the Justice System…

Folsom Prison Blues

Johnny Cash

When I was just a baby my mama told me. Son,
Always be a good boy, don't ever play with guns.
But I shot a man in Reno just to watch him die
When I hear that whistle blowing, I hang my head and cry…

My Own Prison

Creed

I hear a thunder in the distance
See a vision of a cross
I feel the pain that was given
On that sad day of loss
A lion roars in the darkness
Only he holds the key
A light to free me from my burden
And grant me life eternally

Should have been dead
On a Sunday morning
Banging my head
No time for mourning
Ain't got no time