Essay about The American Courts System

Each state prosecutes crimes committed against the state or society as a whole. Each state court must adhere to guidelines set forth by the federal government. Crimes against a state are held to a higher standard and must prove a party is guilty beyond a reasonable doubt. Whereas crimes against an individual are civil cases, generally do not result in jail time and have a lower burden of proof.

The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..

The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal

In what ways is the indigenous justice paradigm in conflict with the principles of the traditional, adversarial American criminal justice system? In what ways do the principles of Native American justice complement more mainstream correctional initiatives?

Jurisdiction is import for the operation of American courts because it is the basis behind who has the authority to hear certain cases, where those cases must be heard, and. There are three types of jurisdiction that always have to present in order for a court to have power to make any decisions. They are; subject matter jurisdiction, personal jurisdiction, and geographic jurisdiction.

this law is developed through decisions by judges on a case brought before them, each jurisdiction is developed by its own

Courts play a vital role in the Criminal Justice System in America, however; understanding how the courts work and function is essential. Even the general public should have a basic knowledge regarding the similarities and differences of the jurisdiction and structure of our dual court system – federal and state. In addition, there are ethical and diversity issues that can be experienced by each of the courts that could possibly impact the courts’ functioning.

Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.

Comprehend the complex relationships among the legal, psychological and historical influences impacting the U.S. legal system

Neil Boyd said in this book that in any lawmaking, a law is a power with a political compromise. He further says the law is a prize that various political actors seek within a terrain of social, political, and economic conflict. It is honest that while describing sources of legal philosophy, three backdrops such as struggle, compromise, and councils must consider (Boyd 2015 p. 50).

In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.

Looking into criminal justice procedure, many administrations are at work. Starting with the police, to the courts and concluding in corrections. Though all these sectors have different tasks, their combined focus is processing the law. Regardless what the process is called criminal justice will continue to serve with discretion, conviction, and correction. When first presented with the question whether criminal justice is a system, non-system, and network I leaned toward a network. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. Intertwined divisions working for a common goal. Further into my research and help from Webster, I decided that the criminal justice

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.