...Court History and Purpose Leon White CJA/224 January 6, 2015 David Hernandez Court History and purpose The American court system is a vital part of the criminal justice system. Courts are part of the judicial branch and serves as an instrument of social control. A court must have proper legal authority and are entrusted to make decisions that are binding within the adjudication process. The court system has the task of punishing wrongdoers who commit heinous crimes against society. The courts also have the job of determining which behaviors may or may not be acceptable as well as which sanction to hand down and the severity of the sanction as well as settling disputes in civil case. The U.S. operates on a dual-court system, which consist of a federal branch and a state branch. Each branch operates under it own jurisdiction but work towards a common goal. U.S. District Courts The U.S. district courts are described as federal trial courts, and serves as an entry point into the federal judicial system. This is where federal civil cases are decided and where individuals who are charged with violations of federal laws are put on trial. According the Schmelleger “The district courts are the workhorses in the federal system. As we have indicated, they are the trial courts where most disputes are resolved.”(Schmelleger, 2011) As of today there are 94 district courts a majority of federal cases held and resolved at the district level. However, only a small percentage...
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...Court History and Purpose CJA/224 July 7, 2014 Court History and Purpose Court history and its purpose have been on a long and tedious journey through the Centuries. Court history has seen numerous changes along the way, good bad and indifferent. Although the road has been rough throughout the journey, it has made tremendous change by leaps and bounds with the help of several landmarks highlighting the complexity. The literature reviews, illustrates and examines the following: 1. Describe a court and its purpose. 2. Define the dual court system. 3. Describe the role that legal codes, the common law, and precedent played in the development of courts. 4. Identify the role of courts in criminal justice today. A court is a forum designed to test, enforce and uphold the law in a fair and impartial manner. The courts purpose is to guard and uphold individual freedoms that all citizens have. Purposes and Responsibilities of Courts should never be confused with efficiency or even the constitutional means of the separation of powers, judicial independence, and the inherent powers of the courts. Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve disputes, to maintain rule of law, to provide for equal protection, and to ensure due process of law. They exist so that the equality of individuals and the government is reality rather than empty rhetoric. (National Association for Court Management, 2013...
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...jurisdictional authority of the United States, intend to be conferred on the Supreme Court and also on lower Courts as the Congress may well regularly decree and start. The initial activities of the freshly formed Congress stood to permit the Judiciary Act of 1789 that completed requirements for the Supreme Court. It specified that it will contain of five Associate Justices who would come across in the country's capital and a Chief Justice. In the beginning, Chief Justice chosen was John Jay by George Washington who functioned from 1789 to 1795. The Judiciary Act (1789) moreover specified that the authority of the Supreme Court will comprise appellate authority in superior public cases and in which government judges administrated on centralized decrees. Additionally, the Supreme Court justices were obligatory to function on the U.S. circuit judges. The cause for this was to ensure that adjudicators from the uppermost court will be associated with the prime trial law court study about the processes of the state court of law. Additionally, in the primary years of the Supreme Court, the judges had diminutive regulation over which cases they got. Until 1891 they were unable to examine progressions by certiorari and discarded the right of involuntary petition. Although the Supreme Court is the uppermost court of law in the country, it has incomplete administrative right over the federal courts but it wasn't given the accountability for conscripting rules of federal procedure until...
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...Court History and Purpose Leonard Navarro CJA/224 March 11, 2013 Greg Dorfman Court History and Purpose The American court system has become a strong organized machine. There are two types of court systems in the United States of America. The two court systems are the state courts and the federal courts. These two systems are known as the dual-court systems. The dual-court system is the result of an agreement that was made between our nation’s founders about the need for individual states to keep significant legislative authority separate from federal control. “One of the most important, most interesting, and, possibly, most confusing features of the judiciary in the United States is the dual court system; that is, each level of government (state and national) has its own set of courts”. (IIP Digital, 2013) Prior to the adoption of the Constitution, the United States was governed by the Articles of Confederation. The dual-court system divided the court systems into two separate divisions. The two systems are the state court system and the federal court system. Under this new idea of two separate systems, this developed a loose federation of semi-independent provinces. This meant that new states that wanted to join the union were assured of limited federal intervention in local affairs. This allowed state legislature to create laws. This required the state court systems to hear cases that laws were violated in to be heard. The structure of the court systems...
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...Court History and Purpose Paper A court in general is defined as an organization or unit of the legal extension of government, approved or made by statute or constitution, and comprising of one or more legal officers, which has the power to choose cases, discussions in law, and question matters of certainty brought before it. There are three different components which include the following: To be viewed as a court, it must have legitimate lawful power, as spelled out in the constitutions or statutes, Courts are by and large found in the legal rather than authoritative and official extensions of government, and Courts are enabled to settle on choices that are tying. The thought of "[deciding] upon cases, debates in law, and questioned matters of truth" is known as arbitration, or "the procedure by which a court touches base at a choice with respect to a case. The functions of the courts are upholding the law, protecting individuals, resolving disputes, and reinforcing social norms. There are many different courts on both the State and Federal level, but the one that will be discussed is the United States District Court (Frank Schmalleger, January 2010). The United States District Courts are the trial courts of the government court framework. Inside cutoff points set by Congress and the Constitution, the area courts have locale to hear almost all classes of government cases, including both common and criminal matters. There are 94 government legal areas, including no less...
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...Court History and Purpose Paper Valerie Wilson CJA/224 January 21, 2013 Professor Jennifer Martin Court History and Purpose Paper A court is a place where justice is administered. It is a tribunal duly constituted for the hearing and determination of cases, and a session of a judicial assembly. The courts are here to settle disputes between parties. The purpose for the courts is to hear the defendant's cases and either rule to dismiss or sentence the defendant to some type of punishment. The defendant is given a chance to plead guilty, not guilty, or no contest. If the defendant pleads guilty during their arraignment the judge may sentence them at that time or schedule them for sentencing. If they plead not guilty than their case is scheduled for a trial, depending on what charges are filed by the Prosecuting Attorney or District Attorney. During a trial officers, medical specialist, forensic experts, and witnesses may be subpoenaed. At this time the judge will hear both sides of the opposing counsel. The judge and jury are the fact finders. The jury will deliberate and come back to court with a decision. At this time the judge will read their decision and is the one who determines the law. At the sentencing the judge will make the final decision. If a defendant pleas no contest than they leave it up to the judge to choose what punishment or sentencing is given for that person. No matter what that defendant pleas during the arraignment they do give...
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...Court History and Purpose CJA/224 Court History and Purpose The court system in America has been around since the middle of the 1600’s and has played a crucial role in the development of how things are done when it comes to the criminal justice side. From today’s federal court and our typical state court, these dual court systems came about from a mutual agreement presented from our nation’s founders. In the last 200 years, states’ rights have gradually waned relative to the power of the federal government, but the dual-court system still exists. Even today, state courts do not hear cases involving alleged violations of federal law, nor do federal courts get involved in deciding issues of state law unless there is a conflict between local or state statutes (Schmalleger, p. 311, 2009). The first state court system for the American colonies was established as early as 1629 in Massachusetts. They created what was known by as a general court system. This court was comprised of 118 elected officials, and 18 assistants. This in fact set off a chain reaction and a decade later county courts were developed and the general court took on the role of a higher court. As time progressed, so did the courts. By 1776, all of the American colonies had established fully functional court systems (Schmalleger, p. 313, 2009). In wasn’t until 1789 when congress gathered to discuss a judicial power for the United States. So on March 4th of that same year the Supreme Court was established...
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...HISTORY OF THE I.C.C The establishment of an international tribunal to judge political leaders accused of war crimes was first made during the Paris Peace Conference in 1919 by the Commission of Responsibilities. The issue was addressed again at conference held in Geneva under the League of Nations on 1–16 November 1937, but no practical results followed. The United Nations states that the General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind committed during World War II in 1948, following the Nuremberg and Tokyo Tribunals. At the request of the General Assembly, the International Law Commission drafted two statutes by the early 1950s but these were shelved as the Cold War made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz, an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve military trials held by the U.S. authorities at Nuremberg, later became a vocal advocate of the establishment of an international rule of law and of an International Criminal Court. In his first book published in 1975, entitled Defining International Aggression-The Search for World Peace, he argued for the establishment of such an international court. The idea was revived in 1989 when A. N. R. Robinson, then Prime Minister of Trinidad and Tobago, proposed the creation of a permanent international...
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...Court History and Purpose Paper Damon G Walton CJA/224 7-01-2013 Nolson Philippe Court History and Purpose Paper Court History and Purpose Paper The U.S. court system is an integral to our justice system which provides a legal framework to mete out justice. Courts is defined by the book as, “An agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” (Siegel, Schmalleger, & Worral, 2011). The purpose or the function of the courts can be narrowed down to four important things: 1. Courts are to uphold the law; 2. Protect individuals; 3.Resolve disputes; 4. reinforcing the social norms. Even though our court system is similar to the British system some of its aspects were borrowed from it is unique in the fact that it enshrines a basic tenet of being innocent until proven guilty. It allows for a person to have their “day in court’ and to face their accuser. However in the United States we have what is referred to as a dual court system. A dual court system can be defined as a judicial system comprising federal- and state- level judicial systems. A dual court system separates federal and state courts. According to the book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is constitutionally...
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...Court history and purpose David Anderson CJA/224 March 21, 2013 Symone Walker Court history and purpose The United States justice system is based on the beliefs that with the correct facts of a specified criminal or civil situation justice will prevail. This paper will discuss the purpose of court, the dual court system, and its role in criminal justice. If the individuals act as adversaries not agreeing on the facts of each other, a neutral person or persons known as judges and or juries will seek out the truth. Some critics have said that this type of system varies on the impartiality of representation. The critics think that if one lawyer is better than another or one party has more money the truth may not materialize (Garner, 2001). The need for fair and self-governing judiciary is ingrained in the human being. At times life is not fair or it seems that way. The government, businesses, individuals, and even their officers do not do the right thing all the time. There are disparities and quarrels about lawful responsibility, wrongs, and rights even when they adhere to the rules. Accomplishing sovereignty and impartiality is difficult, straightforward as lawfully right and lawfully wrong. Courts support the power of the state and the lawful use of force and guards individuals against the subjective use of legislative powers. The stress amid individual sovereignty and social order is continuous. Court leaders realize there is almost by no means one certainty...
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...Court History and Purpose CJA/224 July 28, 2012 Court History and Purpose This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today. The courts are a part of the judicial branch in the three branches of government. This means that in this branch the laws are interpreted. Like the other two branches, it works to keep the criminal justice system running as smoothly as possible. The laws are make in the legislative branch and is enforced in the executive branch. The police are a part of the executive branch. So when some one breaks a law, the job of the police, executive branch, is to arrest or ticked said offender. After an arrest or a citation or ticket is made, the next step is the court proceedings. In a case that an arrest is made, the offender is brought in front of a judge and bail is set. After that, if need be, the case is brought to prosecution. If the prosecution takes that case, then the case is put on trial. This is important because it shows just what the judicial part of government and the court part of the criminal justice system does, and why it is important. So the court systems job is to interpret the law and bring justice...
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...Court History and Purpose Paper David Kinlock CJA/224-Introduction to Criminal Courts Systems July 13,2015 Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner...
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...Court History and Purpose When a crime is committed society expects the offender of the crime to have to answer for their wrongdoings. This is where the American court system comes into action. A court is designed for defendants to have a fair and speedy trial. Speedy may not happen in all cases though but a defendant is considered innocent until proven guilty under a court of law. The criminal justice system has due process that covers individualization. This makes it difficult to arrest and sentence an individual. Not saying that it is easy get off from committing a crime but all elements of the crime have to be met in order to convict someone. Every case is different and the circumstances can vary to a great degree but it always goes back to a defendant is innocent until proven guilty. According to Siegel, Schmalleger, and Worrall (2011), “U.S. Justice Department has defined a court concisely as an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it” (Chapter 1). The primary role of courts is to reach a decision involving a dispute. This comes down to determining who the guilty parties are or if they are not guilty in criminal and civil cases. Dual consists of at least two parts. In America we have the dual court system which consists of two different...
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...Court History and Purpose The judicial arm of the government is an important function of said institution. Without which there would be no avenue to address disputes between parties and bring justice to criminals. Early legal code, common law and precedent serve as today’s court systems foundation. Courts Purpose Courts make up the Judicial Branch of the Government. The textbook, Courts and Criminal Justice in America notes that it is hard to come up with a summarizing definition of a court. However, the U.S. Justice Department defines a court as “an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it (Siegel, Schmalleger, & Worrall, 2011).” The court system’s role in society is to decide what punishment should be assigned to individual crimes. Although some crimes have mandatory minimum sentences which are passed by the legislature, judicial officers, or judges take great care in determining what the proper sentence is when dealing with the case in front of them. In United States society there are many different types of courts with varying purposes. For example, individual counties within the several states have their own traffic court. This court determines the penalties for traffic injunctions such as speeding. Another type of court is a small claims...
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...Courts are critical in the American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, and Worrall, (2011). To understand the whole court process there are three distinct elements that have to be consider to become a court, it must have proper legal authority and have all of the guild lines within the constitution. Courts are generally found in the judicial as opposed to legislative and executive branches of government, and ‘courts are empowered to make decisions that are binding. The notion of “deciding upon cases, controversies in law, and disputed matters of fact” is known as adjudication, or “the process by which a court arrives at a decision regarding a case” (Siegel, Schmalleger, & Worrall, 2011). The court system I am describing is Juvenile Court. Juvenile court cases are handled different than adult cases. Juvenile courts are designed to handle juvenile cases of delinquency. Juvenile delinquency matters in most states are treated as civil matters or family law matters. Juvenile cases range from drug dependency issues to truancy may be heard in juvenile court. Guardians or parents of the juvenile are required to appear and participate in the disposition of their child’s...
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