Text 13. Elections & Voting in the USA

Text 12

Elections & Voting in the USA

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Originally under the Constitution, only white male citizens over the age of 21 were eligible to vote. This shameful injustice has been corrected and voting rights have been extended several times over the course of USA history. Today, citizens over the age of 18 cannot be denied the right to vote, regardless of race, religion, sex, disability, or sexual orientation. However, in every state except North Dakota, citizens must register to vote, and laws regarding the registration process vary by state.

The path to full voting rights for all American citizens was long and often challenging. The franchise was first extended to African Americans under the Fourteenth and Fifteenth Amendments to the Constitution, passed during the Reconstruction period after the Civil War. These guaranteed that all male citizens, regardless of their race, would receive equal treatment under the law and not be deprived of their rights without due process. The Fifteenth Amendment is specifically dedicated to protecting the right of all citizens to vote, regardless of their race.

For practical purposes, this was not the end of the voting rights struggle for African Americans. Because of widespread discrimination in some states, including the use of poll taxes, grandfather clauses, and literacy tests, African Americans were not assured full voting rights until President Lyndon Baines Johnson signed the Voting Rights Act in 1965.

Women were denied the right to vote until 1920, when the Nineteenth Amendment was passed. Prior to that, women had only been able to vote in select states.

Federal elections occur every two years, on the first Tuesday after the first Monday in November. Every member of the House of Representatives and about one-third of the Senate is up for reelection in any given election year. A presidential election is held every fourth year.

Federal elections are administered by state and local governments, although the specifics of how elections are conducted differ between the states. The Constitution and laws of the United States grant the states wide latitude in how they administer elections.

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Criminal proceedings in the USA can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea.

The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution.

Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations. If a party believes that it has been wronged, it can file a suit. After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case. If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury.

After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court. A litigant who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the outcome of the case. An appellate court makes its decision based on the record of the case established by the trial court or agency — it does not receive additional evidence or hear witnesses.

Federal appeals are decided by panels of three judges. The appellant presents legal arguments to the panel, in a written document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that the lower decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee" or "respondent," tries in its brief to show why the trial court decision was correct, or why any errors made by the trial court are not significant enough to affect the outcome of the case.

The court of appeals usually has the final word in the case, unless it sends the case back to the trial court for additional proceedings. In some cases the decision may be reviewed a larger group of judges of the court of appeals for the circuit.

Заключение

Данное пособие, предназначенное для студентов второго этапа обучения по специальности «Юриспруденция», направлено на развитие навыков устной речи, чтение научной литературы на английском языке, овладение основными понятиями, а также совершенствование языковой подготовки обучающихся.

Профессионально-ориентированный характер учебного материала способствует выработке умений обмениваться полезной информацией в процессе коммуникации и развитию творческих способностей будущих специалистов при решении профессиональных задач.

Дата добавления: 2014-12-26