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Criminal Law and Procedure [USA] by D. Hall

By D. Hall

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Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 17 providing for the power of judicial review, Article III of the Constitution implicitly endows the judiciary with the authority. Although seldom used by the Supreme Court for over a hundred years following the Marbury decision it is now well established that courts possess the authority to review the actions of the executive and legislative branches and to declare any law, command, or other action void if it violates the United States Constitution.

The courts are the place where civil and criminal disputes are resolved, if the parties cannot reach a resolution themselves. In an effort to resolve disputes, courts must apply the laws of the land. To apply the law, judges must interpret the legislation and constitutions of the nation. To interpret means to read the law in an attempt to understand its meaning. This nation’s courts are the final word in declaring the meaning of written law. If a court interprets a statute’s meaning contrary to the intent of a legislature, then the legislature may later rewrite the statute to make its intent clearer.

In criminal actions the title is the government v. citizen. For example, United States of America v. Joe Smith or State of New Mexico v. Anna Smith. Cases also have captions. The caption appears at the top of the title page of all documents filed with a court and includes the case name, the court name, the case number, and the name of the document being filed with the court. The illustration in Exhibit 1–5 is an example of both a criminal case caption and a civil case caption. The two fields also differ in what is required to have a successful case.

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