...History of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established. Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes. These were considered judge made laws. Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003). It was important for judges to use this procedure, making it a less difficult to prosecute each case independently. According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws. As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases. Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law. The changes came about, when the common laws were codified...
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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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...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...
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... |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on the student website. |Week One: History of the Courts...
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...Court System Introduction The purpose of this paper is to make the reader aware about the significance of the history of judicial system prevailing within the premises of United States. This paper intends to explore the Court System of United States. The major historical developments in the courts of United States will be discussed. Moreover, the rationale of the dual court system of the United States will be outlined. This paper will also explore the correlation between the historical developments and the dual court system of the United States. Discussion The development of the state courts within United States can be traced back from the colonial period. Every state in United States organizes its court system independently. Every state has been provided with the right to choose its own organizational structures and the possible jurisdictions of their respective courts. Various types of courts have been developed throughout the history of United States. The federal level states have trial courts normally called district courts and circuit courts which are the appellate tribunals. In New York most of the trial courts are considered supreme courts (Columbia Encyclopedia, 2007). The development of court system started in the colonial period. Local judges were called magistrates on the lowest level of their colonial judiciary. By the early eighteenth century, the development of formal courts started. After the American Revolution in 1775, distrust towards the judiciary...
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... | | |CJA/204 Version 2 | | |Introduction to Criminal Justice | Copyright © 2009 by University of Phoenix. All rights reserved. Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology and constitutional limitations of the system will also be covered. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your...
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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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...This paper have the intention to examine the creation of U.S Laws, considering common law heritage and U.S court history, ate the same time is providing a brief history of these process during the past years. HISTORY OF LAW IN U.S. One of the contributions has been given to the Common Law has been the system of trial by jury. For many years, many people tried to show that this system came from a group of indigenous in England back to the beginning of the times of Alfred the Great and the Anglo-Saxon times. This origin was completely disproved by Maintland and Pollock in the wonderful history of the early English Law, where they trace the origin of the system of trial by jury to the era of the Franks, presented by William the Conqueror for their own benefits and not with the idea to give an improvement to the legislation of England. There are also many people who attribute its real origin in the judicial system chosen by the praetor in Roman law to establish the facts which it had established a law applicable to the event. However, the origin of the system of trial by jury was not very important at that time, or even before the late eighteenth century, when it took the most important part in the administration of Justice for the first time, a position that still holds today and has become primary and essential part in the American judicial system. Although it had its origins and first applications in England, gives the impression that its current role in the...
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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 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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... Foundations of the Criminal Justice System Course Start Date: 08/01/2011 Group ID: AAGR0Z9835 Facilitator: Lee Rankin Copyright Copyright © 2011, 2010, 2009, 2007 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics and Objectives Week One: The Criminal Justice System 1 * Define crime and its relationship...
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...give original jurisdiction to adult court for certain serious crimes while other states let the district attorney decide where the case will be tried for these serious crimes. New york state, under the Juvenile Offender law, gives the adult criminal court original jurisdiciton for murder at age 13 and for serious felonies for ages 14-15. The age at while a youth goes to an adult or juvenile court varies from state to state Juveniles can be referred to the juvenile justice system for reasons other than adult criminal offenses. These are often referred to as status offenses. I.E. failure to attend school under the age of 16, running away from home, under-age drinking, incorrigibility and being outside the home during curfew hours. Incorrigibility usually refers to juveniles having a pattern of not obeying parents or guardians and may include insulting and demeaning behavior in relation to their parents or guardians Mediation is a process where the juvenile and the people complaining about the juveniles behavior resolve their problems to everyones satisfaction with the help of a third party called a mediator. The police do an investigation, an attorney a.k.a a law guardian, would be appointed by the court, A probation officer would interview the youth, juvenile would appear in court to agree or deny the facts, could be adjudicated or institutionalized. This process is called due process for juvenile court. Juveniles come in the system through four major ways: By being...
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...I1 Date History of Juvenile Correction Philosophies and Facilities To talk of the history of juvenile correction philosophies and different juvenile correction facilities, one should understand a brief juvenile justice history to bring us to a point where a correction philosophy or correction facility would be needed. Dealing with juveniles in criminal matters can be traced back as far as the beginning of time. However, early Europe in the fifth century A.D. is where we will start. What is considered a juvenile??? At this time in history the age was fixed at seven for determining whether youths would be exempted from criminal responsibility. With the onset of puberty, at the age of twelve for girls and fourteen for boys, youths were held totally responsibility for their socially unacceptable behaviors. English juvenile justice had some 160 to 200 capital offenses statutes listed for which children could be executed. In London in 1785 eighteen of twenty juveniles were executed. Executions of juveniles continued into the 1800s. (Bartollas, Miller, 2014, p. 4) Here in the United States during the colonial period juvenile justice was shaped by the culture and religious ideas of the Puritans. The family was expected to control their children and when juveniles were caught breaking laws they were sent back to their families for punishment. Of course the older the child got the greater the chances the juveniles would be dealt with by colonial law. In 1838 the courts became heavily...
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...University of Phoenix Material Court System Visuals The court system in the United States has a long history. The court system influenced the structure of the courts today and the roles of the major participants in the court process. For this assignment, create visuals to illustrate various aspects of the court system and process. Be creative with the visuals—you may create tables, matrices, diagrams, graphics, images, or any other types of visuals you would like. Each of the visuals may vary in style as well. Format any information, images, or graphics used from outside sources in the visuals consistent with APA guidelines. Select and complete one of the following assignments: Option 1: Court System Visuals Collection Option 2: Court System Presentation Option 3: Court System Handout Option 1: Court System Visuals Collection Create a collection of 4 to 6 visuals, such as diagrams, images, or matrices that illustrate and explain the following topics: • Major historical developments of the U.S. courts. • Dual court system of the United States • Steps of the pretrial process • Six steps necessary for appeal • Five philosophical reasons for sentencing criminals • Six forms of punishment Address all of the topics fully in your collection. You may combine topics in the visuals if they are associated. Option 2: Court System Presentation Create a 8- to 10-slide Microsoft® PowerPoint® presentation...
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...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...
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