The Third Branch of Democracy

The Judicial Process

 Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include:

• A guarantee that no person shall be deprived of life, liberty, or property without the due process of law
• Protection against being tried for the same crime twice ("double jeopardy")
• The right to a speedy trial by an impartial jury
• The right to cross-examine witnesses, and to call witnesses to support their case
• The right to legal representation
• The right to avoid self-incrimination
• Protection from excessive bail, excessive fines, and cruel and unusual punishments

Criminal proceedings 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.

Bush vs Gore

Bush v. Gore, 531 U.S. 98 (2000), is the United States Supreme Court decision that resolved the dispute surrounding the 2000 presidential election. 

In a per curiam decision, the Court, by a 5-4 vote, ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors"), which was December 12. 

The decision allowed Florida Secretary of State Katherine Harris's previous certification of George W. Bush as the winner of Florida's 25 electoral votes to stand. 

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How the Cost of Sentry Shed Helped Acquit Jayalalithaa

In our judicial system, we could replace the judges with computers. 

• Computers are very good in making arithmetic decisions. 
• Computers are also good in making logical decisions. 
• In fact, Computers could be of great help in speedy trial.
• Computers are impartial
• All are equal in front of Computers

The major difference between Computer and Human Judge is emotional perception. Computers do not have any emotions; so, Computers have no care and concern.

In fact, these non-emotional, non-care, non-concern qualities could be considered as a plus point for Computers to qualify as a Judge in Judicial System.

So, we could seriously consider introducing Computers in the Judicial Branch.

Another point is; some how, we have been trained to look at every organization as a hierarchical structure. In our perception, here is the judicial hierarchy:

• Supreme Court
• High Courts
• Other Courts

In hierarchical structure, the bottom organizations are of low quality; and the top organization is of high quality.

The truth is, there is no hierarchy in Judicial System. High Courts and Supreme Court are various options available for any accused person.

It is natural for any accused person to go for an appeal. In that way, Jayalalitha went for an appeal in High Court and got the judgment in Jayalalitha's favor. 

So, Jayalalitha is now happy and is satisfied with the judgment of the High Court. There is no need for Jayalalitha to go to Supreme Court for an appeal.

But others are interested in going for an appeal in the Supreme Court. When there is an appeal at Supreme Court, it will not be against Jayalalitha. It will be against that High Court Judge, Justice Chikka Rachappa Kumaraswamy and his judgment. 

In fact, when this appeal come to Supreme Court, they may have to review the history of cases, that came in the court of Justice Chikka Rachappa Kumaraswamy

If the Supreme Court finds fault in the judgement of Justice Chikka Rachappa Kumaraswamy, that finding may apply to all his judgment in other cases. Any arithmetic calculation mistake will be considered - not just as an insult to Justice Chikka Rachappa Kumaraswamy but also to the entire judicial system. 

Supreme Court may need to proclaim that all those previous judgments of Justice Chikka Rachappa Kumaraswamy are null and void; and may need to be reviewed by some other judge.

So, this appeal will not be applied only to Jayalalitha. It is an appeal against Justice Chikka Rachappa Kumaraswamy and his entire professional history.