America’s Big Hero

Chapter 37 Talk about the laws of the ugly country

This is a small chat, you can take a look if you want to.

First Court: The United States court organization is divided into two systems: federal courts and state courts, which apply their respective constitutions and laws, and have jurisdiction over different cases and regions. The federal court system consists of district courts, appeals courts and the Supreme Court.

The state court system is highly fragmented and generally consists of state trial courts, state appellate courts, and state supreme courts.

The second judge: Judges are non-replaceable, full-time, high-paying, and retired.

Judges should be completely neutral and objective. Judges should not participate in the fight against crime and should maintain a neutral attitude towards the prosecution and the defense.

Third Prosecutors: Federal prosecutors, state prosecutors, and county prosecutors. Most of them are elected and not resigned to fate.

The vast majority of cases in the United States are prosecuted by county attorneys, who are not accountable to anyone.

District attorneys in the United States have great power. They are all lawyers and are elected. Of course, they may return to become lawyers after being defeated in the election. Many times, it will be found that the lawyers and prosecutors on both sides of the court are actually classmates, teachers, etc. It is very helpful to reach a 'prosecution deal', so it is very important to be a lawyer's network.

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The Fifth Amendment to the Federal Constitution stipulates that no one shall suffer life or body endangerment twice due to the same criminal act. public prosecution.

There is a loophole that can be exploited here. For example, if someone commits a crime, if he may be sentenced to a felony in trial in A, then switch to County B. Because of the unspeakable relationship with the district prosecutor and judge, the sentence can be very light. After that, other places can no longer pursue this crime.

A more typical example is Capone, the "King of Chicago". The Valentine's Day massacre attracted national attention, and he was eventually forced to surrender by the gangsters across the United States. However, he also reached an agreement with a certain local prosecutor, and was sentenced to only one year in prison...

The other is Michael Jackson, who has been entangled in sexual impeachment cases for many years because of the frenzied bite of the district attorney.

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My rabbit, the public security, the procuratorate, and the law are all judicial organs, but in the United States, only the courts are judicial organs.

There is no such thing as cooperation between the public prosecutor and the law. The court is absolutely neutral and does not cooperate with any institution. Of course, this is the case in theory. However, the law of the sea has been developed for many years, and there are various restrictions on this aspect. It is already very fair. After all, it is the judge of guilt jury.

Also talk about prosecutors and the US police.

In the United States, human rights are highly valued, and the rights of the police are greatly restricted.

For example, let's say reconnaissance.

The police can conduct some investigative methods without the consent of judges and prosecutors. These investigative methods are the most basic and have little impact on citizens' rights.

For example, if an ordinary witness does not arouse suspicion of a crime, the police can question him by himself. To collect some evidence, the police are not too restricted, except for searches and special documents.

However, many investigative methods involve civil rights, especially the right to privacy. The police cannot make decisions on their own, and must obtain the approval of a judge before they can take action.

For example, searches, the Fourth Amendment to the U.S. Constitution mentioned very early on that searches must be approved by the court. The police must contact the procuratorate to help him apply for the judge's approval for the search. The Constitution stipulates that citizens have the right not to be subjected to unreasonable searches.

The evidence obtained by unreasonable searches is insignificant. For example, in the Simpson murder case, he was indeed the murderer. The whole of the United States knows it, but the evidence obtained by the police was discovered by the defense's fantasy lawyer team without a search warrant, so the evidence void.

Of course, this "unreasonable search" is more legally flexible, and it depends entirely on whether your lawyer team is strong enough.

For example, eavesdropping, eavesdropping is considered by our law to be a kind of investigative method that affects citizens' rights the most. A citizen does not know that government officials are eavesdropping on his conversations, which has a very large impact on his right to privacy.

The condition of wiretapping is simply that when other detection methods are invalid, there is a lot of evidence to prove that there may be a conversation related to the crime in that place or that phone, and wiretapping can only be used when there are more important crimes.

In the end, if the prosecutor feels that the conditions are met, he must obtain the approval of the headquarters of the US Department of Justice before he can apply for the approval of the judge, and the wiretapping can only be carried out after the approval of the judge.

Others include access to bank accounts, etc... The supervision and restrictions received by the police are very large.

In this book, as long as Sean can handle the district attorney, the police basically have nothing to do with Sean.

For example, when the District Attorney was elected, he made great efforts to push his own people up~

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Finally, let’s talk about the jury, which is divided into big and small juries. The petit jury is sentenced to less than one year in prison, and the grand jury is used for felony crimes of more than one year.

Generally speaking, the laws of the United States are the most complicated and fair, and they are treated fairly and openly for all people, whether you are the president or a commoner. Of course, if you can’t afford a good lawyer, then It's your own problem, not the law itself.

There is a kind of lawyers and prosecutors in the United States who like to stare at big companies and specifically bite big companies. Once they win the lawsuit, the fame and fortune they can get are beyond imagination. Therefore, it is not just about being rich and powerful. And the radiation range of the company is limited.

What's more, there is the Donkey Party and the Elephant Party, as well as competitors.

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Well, just to talk about it casually, I also opened the six orifices through the seven orifices, which is a bit messy.

The question is, what the hell am I doing researching legal loopholes with a stinking code? ? ?

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