Question Description
I’m studying for my Political Science class and need an explanation.
1-Explain the law of precedent and the doctrine of stare decisis.
2-Explain what is known as a Writ of Certiorari and the Rule of Four.
3-Explain what is called centralized administration of the court system.
4-Explain what is referred to as Assembly Line Justice.
5-Explain what is known as Community Prosecution including the elements in common.
6-Explain the standard of ineffective assistance of counsel including the relevant case law.
7-Explain Victim Impact Statements and its Constitutionality including the relevant case law.
8-Explain Initial Appearance and the relevant case law.
9-Explain Discovery of Exculpatory Evidence and the relevant case law.
10-Explain the three different forms of plea bargaining
Explanation & Answer
View attached explanation and answer. Let me know if you have any questions.
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Assignment Questions
1-Explain the law of precedent and the doctrine of stare decisis.
Law of precedent is a rule in the common law system that requires a judicial decision to
guide subsequent judicial decisions in the same subject (Guillaume, 2011). In this regard, a
judicial decision made by a higher court becomes an authority. While adjudicating similar legal
issues, the judges will consider the precedent. In other words, the case's previous court decision
became a law. However, Congress can make a statute to overrule that decision (Clark, 2017). If
Congress decides that the decision is unconstitutional, it will cease from becoming a precedent.
Precedents are governed by the doctrine of stare decisis. This is a principle of the
American legal system that requires the court rulings to be consistent with the previous judicial
decisions. This is to ensure continuity of the law. In this regard, when making decisions, the
judges usually consider the past decisions and the legal underpinnings governing them
(Guillaume, 2011). The doctrine of stare decisis brings predictability, consistency, and certainty
in cases. This is because cases are decided using the same legal principles (Clark, 2017). Because
of this doctrine, court decisions in the United States have some form of continuity. The judges
cannot issue decisions that are contrary to the decisions of the higher courts.
References
Clark, T. S. (2017). Scope and precedent: Judicial rule-making under uncertainty. Journal of
Theoretical Politics, 28(3), 12-24. https://doi.org/10.1177%2F0951629814568397
Guillaume, G. (2011). The Use of Precedent by International Judges and Arbitrators. Journal of
International Dispute Settlement, 2(1), 5–23. https://doi.org/10.1093/jnlids/idq025
2-Explain what is known as a Writ of Certiorari and the Rule of Four
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A Writ of Certiorari is a prayer made to a higher court for a re-examination of a decision
made by a lower court (Walker, 2017). It is made by the losing party if it has not been satisfied
with the decision. In the petition, the unsatisfied party or parties sends a document to the
Supreme Court asking the court to reexamine the decision made by the lower court (Masood et
al., 2017). In the request, the party includes the legal questions that need to be reviewed, a
statement of the facts, a list of parties, and arguments. The Supreme Court only grants this
request if the judges find that the issue being contested has a national significance.
The Rule of Four is a rule that Supreme Court uses to decide on whether to grant a
petition for review. In this regard, a petition is subjected to voting before nine judges. If four
judges and above out of the nine judges votes in favor of granting the petition, the petition is
granted (Walker, 2017). Essentially, this rule is an internal and unwritten one. In the Writ of
Certiorari petitions, the rule is often used. It is also used in determining whether offenders in the
death penalty cases will be executed.
References
Masood, A. S., Kassow, B., & Songer, D. R. (2017). Supreme Court Precedent in a Judicial
Hierarchy. American Politics Research, 45(3), 12-23.
https://doi.org/10.1177%2F1532673X16684572
Walker, A. (2017, June 15). Strategic Behavior at the Certiorari Stage of the Supreme Court of
the United States. Ramapo Journal of Law & Society Home. Retrieved from
https://www.ramapo.edu/law-journal/thesis/strategic-behavior-certiorari-stage-supremecourt-united-states/
3-Explain what is called centralized administration of the court system.
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Centralized administration of the court system is an attempt to bring the courts under one
layer of jurisdiction. There has been concern that having multiple layers of jurisdiction and
courts brings confusion in the court system (Huang, 2019). It complicates the court processes.
This hinders the administration of justice. In the centralized administration, the courts will not
operate independently as they have been doing (Ciocanel et al., 2020). There will be a chain ...
