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Chapter1_Mays

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CHAPTER ONE
AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM
Branches of GovernmentLegislativeExecutiveJudicialLevels of GovernmentLocalStateFederal
U.S. Justice System
3 Primary ComponentsPoliceCourtsCorrections3 Levels of Each ComponentLocalStateFederal
U.S. Criminal Justice System
Law EnforcementActivity governed by a criminal codeIncludes arrests, investigations, traffic tickets, etc.Order MaintenanceGoverned by Sir Robert Peel’s Nine Principles of PolicingQuality of life issuesIncludes controlling crowds, gatherings, trafficPublic ServiceCatchall categoryIncludes animals, neighborhood issues, abandoned vehicles, other public needs
Police Responsibility
Largest portion of police responsibilityLargest portion of police expenditures12,766 local departmentsMunicipal Police DepartmentsSheriffs’ DepartmentsTremendous variation in department size
Local Police
Smallest portion of police responsibility49 state police agenciesResponsibilitiesHighway PatrolState Law ViolationsSpecial Jurisdiction
State Police
Special Policing IssuesFederal Bureau of InvestigationImmigration and Customs EnforcementSecret ServiceDrug Enforcement AdministrationMany othersNarrow JurisdictionsEstablished by Congress or the President
Federal Police
Crime InvestigationArrest Law ViolatorsGatekeepingCourt TransportCourt Security
Police in the Court System
Tremendous variation amongjurisdictionsFunctionsProtect society from criminal offendersDispute resolutionLevelsLocalStateFederal
U.S. Court System
ResponsibilitiesProbation and ParoleCommunity Corrections ProgramsInstitutional CorrectionsTheories of Criminal SentencingRetributionRehabilitationDeterrenceIncapacitationReintegration
U.S. Corrections System
LocalCity and County JailsShort-term housingStateLargest portion of corrections system87.5% of prison populationFederalU.S. Bureau of PrisonsFederal Probation
Levels of Corrections
Legislative BranchCongressCreated by Article 1Authority includes taxation, court creation, war declarationExecutive BranchThe PresidentCreated by Article 2Authority includes enforcement of laws, acting as commander-in-chief, executive office appointmentsJudiciary BranchThe Supreme CourtCreated by Article 3Power ofjudicial review
Separation of Powers
Separation of powers between the state and federal governments10thAmendmentAny power not given to the federal governmentReserved to the states or the peopleComity: when one government defers to the other’s authority
Federalism
A court’s legal authority to decide a caseSubject Matter JurisdictionCivil law jurisdictionCriminal law jurisdictionOther special jurisdictionJuvenile lawProbate lawFamily law
Court Jurisdiction
Courts of Limited JurisdictionLack the power to hear a full range of casesSpecialized jurisdictionInferior courtsCourts of General JurisdictionHave the power to hear a full range of casesAdhere to formal court proceduresJudges must be licensed attorneysHear appeals from inferior courts
General and Limited Jurisdiction
Courts of Original JurisdictionCourt that first hears the caseMay be of limited or general jurisdictionCourts of first instanceCourts of Appellate JurisdictionHear appeals from courts of original jurisdictionAppeals are based upon errors of lawCourts of intermediate appellate jurisdictionCourts of last resortState Supreme CourtsU.S. Supreme Court
Original and Appellate Jurisdiction
LawProvides relief through damagesCivil and criminal lawEquityUsed when there is no remedy available through the lawProvides relief through injunctions
Law and Equity
Form of justice used in the U.S.Two parties to the disputeOpposing one anotherOne will win and one will loseZero-sum gameContrast with inquisitional justiceGovernment gathers evidence of defendant’s guiltFewer people charged with crimesAssumption of defendant’s guilt
Adversarial Justice

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Chapter1_Mays