... 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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... 411 U.S. 1 (1973) Historical Setting After Civil Rights success in the 1960’s, many of the United States underrepresented citizenry such as minorities and poor searched for equality through the Constitution. In San Antonio, Texas, citizens found that the school finance system was unjust and filed suit under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Federal District Court found that the Texas school finance system violated the Fourteenth Amendment. The State appealed to the Supreme Court. Case Summary San Antonio Independent School District v. Rodriguez (1973) argued that education was a “fundamental right” implied in the Constitution and that poor Hispanic families were being treated as a “suspect class” due to financial disparities between wealthy and poor school districts. The argument was that this inequality of funding between school district’s violated the Equal Protection Clause. The State contended that education was not an Federal enumerated power, therefore it was reserved to the State and that included financial decisions. Court’s Decision The Court found in a 5-4 ruling that this was not a violation of the Equal Protection Clause of the Fourteenth Amendment because education is not a guarantee...
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...Addressing International Legal and Ethical Issues Simulation Summary Lisa Jones Law/421 October 31, 2012 Mark Hinueber Addressing International Legal and Ethical Issues Simulation Summary The International Legal and Ethical Issues of working with foreign companies planning to enter an international contract may perhaps wish to study a different system of resolving disputes without going to court. This system which is known as Alternative Dispute Resolution (ADR) offer neutral tools for determining disputes that could arise. To resolve future difference of opinion without resorting to a foreign legal system, companies should plan in advance by including an ADR section in their contract. When dealing with foreign trade the United States should consider the law of the other countries and how overseas trade is conducted. The United States law is not up hold in other countries and other countries law is not uphold in the United States. When considering legal action both the United States and the foreign country have to decide were legal action will take place. The factors that could work against CadMex’s decision to grant sublicensing operating the company correct would bring money to Candora the country the company is located in. Company is not operating properly or the contract is not being followed correctly this could cause a breach of contract and legal issues can arise from Gentura. When the local customs and law conflicts with the customs and laws of an...
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...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...
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...Practice in Courts Stacey Pedroza CRJS300-1203A-04: Proseminar in Criminal Justice Professor Samantha Carlo AIU Online University June 24, 2012 Theory and Practice in Courts In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations. Dual Court System The United States has a dual court system, comprised of the State Courts and the Federal Court Systems. Within both the State and Federal court systems there are several levels of jurisdictions. The state courts have trial courts where there is specific jurisdiction and courts of general jurisdiction, then the appellate courts and finally the state supreme court. The federal court system is similar to the state courts in that there are trial courts, courts of appeals and finally the highest court in the nation is the Supreme Court of the United States. Another piece of the federal court system is the Military trial courts, the Military appellate courts and then they will also report to the Supreme Court of the United States. Why does the U.S. have a Dual Court System? “This dual-court...
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...State of Confusion Paper Federal and state constitutions, administrative regulations and statutes are the primary source of applicable law in the United States (Enotes, 2010). In addition, the constitutional provisions affect how business is conducted in this country. The case in this paper deals with Tanya Trucker versus the state of Confusion. Tanya will rely on the American legal system to overturn the state of Confusion statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. After all, the U.S. legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced (Cheeseman, 2010). This paper will address the following: the court that will have jurisdiction over the case and why; whether the Confusion statute is constitutional; the provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity; and whether Tanya will likely prevail on her suit. Finally, the paper will conclude with the stages of a civil suit. “In most states, business and commercial disputes are heard by the same courts that hear and decide criminal, landlord-tenant, matrimonial, medical and malpractice, and other non-business-related cases” (Cheeseman, 2010). In the case of Tanya Trucker versus the state of Confusion, federal court in Confusion has jurisdiction over the case. The federal court has jurisdiction because of diversity of citizenship; Tanya owns a...
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...example, each state within the United States operates under its own set of laws, but is at the same time, is bound to the federal laws laid out in the United States Constitution. In fact, the Constitution, can and will, take precedent over any state law. The State of New Jersey has one of the simplest court systems in the nation, with only a few basic types of courts. The court systems are the municipal courts, tax court, state superior court, an Appellate Division, and the New Jersey Supreme Court. Most citizens will come in contact with only the municipal courts, which deal with motor vehicle violations, minor criminal-type offenses, municipal ordinance offenses, and other minor offenses. The tax courts deal with exactly that, appeals of tax decisions made by County Boards of Taxation. The superior courts work with cases that involve criminal, civil, and family law cases. Typically, the superior court is called trial court, because it is the court system where trials are conducted. The appellate division is the court system that hear appeals from the tax courts and trial courts. Lastly, the New Jersey Supreme Court is the highest appellate court,, and reviews cases from all of the lower courts (New Jersey Judiciary, 2015). The court system in the State of New Jersey is vastly different when compared to the Federal court system. While the state court system works with most criminal cases, contract cases, and family cases, the federal court system works in a different...
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...Andrea Montes Marbury vs. Madison (1803) Throughout this paper you will understand the original crime and why this issue is being appealed. Also there will be an explanation on how the Supreme Court justified the verdict. Towards the end you will find out the result of this court case and my opinion on whether it was fair for either Marbury or Madison. To start it off this case mainly focuses on how there was a unconstitutional move or act during the process. And it explains who and what Marbury and Madison did in this case. President John Adams lost his reelection against Thomas Jefferson, a Republican. Federalist lost control of congress before the new President (jefferson) and Congress took office, although , President John Adams and his Federalist Party still had control over congress. President John Adams signed forty-two justices of the peace and sixteen new circuit court justices under the Organic Act, an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. Commissions are supposed to be turned in before the...
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...S. Supreme Court and discuss their impact on the Juvenile Justice system. There are numerous opinions handed down by the United States Supreme Court that had a significant impact on the system of juvenile justice. As discussed in the textbook, some of the most important cases were decided in the 1960’s and the 1970’s as the “get tough” movement was taking shape. These cases include Gideon v. Wainright, 372 U.S. 335 (1963); Kent v. United States, 383 U.S. 541 (1966); In re: Gault, 387 U.S. 1 (1967); and McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The case of Gideon v. Wainright, 372 U.S. 335 (1963), involved a defendant (Gideon), who, after being arrested and brought to trial,...
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...State of Confusion The state of Confusion has enacted a statute requiring all trucks and towing trailers to use its highway to use a B-type truck hitch. Tonya Trucker owns a trucking company and thinks that this statute is a waste of unnecessary money. Tonya would have to avoid driving through Confusion if she did not decide to upgrade to the B-type hitch. That would also be an expense to her company. Tonya has decided to file suit against Confusion to overturn the statute. What court will have jurisdiction over Tanya’s Suite? Why? Federal Court will have jurisdiction over Tanya suit. The Federal Court will have jurisdiction because her company operates in the state of Denial. General Jurisdiction hears civil trials in the courts. Tanya believes if the decision is overturned, it will not only help her business but also others company’s like hers. Tonya Trucker is taking the necessary steps to file suit through a trial court of general jurisdiction. Trial courts of general jurisdiction are the main trial courts in the state system (United States Courts net.). Tanya business is not in the state of confusion but the state of Denial General Jurisdiction court of Confusion has agreed to hear her case. General jurisdiction courts usually split up into two parts: civil and criminal. Civil court would be where Tonya’s case would be heard. Tonya’s case would more than likely be heard by a judge that has the over power to overturn a law. In general jurisdiction court...
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...the U.S. courts began in the colonial days. Since then the American courts have taken their own path, and have evolved in order to better suit the social needs of today’s America. Presently, there are two judicial systems. The first one is the state and local courts established under the authority of state governments. The second is the Federal courts system created by Congress under the authority of the U.S. Constitution. Development of the American Courts The origins and foundations of American courts like other social, legal and cultural habits in America descended from Great Britain. The court system in American colonies resolved civil and criminal disputes. However, the court systems within each colony were not exactly the same. The Massachusetts Bay Colony had a General Court that created laws, conducted trials and imposed sentences. Later, county courts were created and the General Court was used for appeal hearings and for some cases that involved serious crimes. The colony in Pennsylvania allowed offenders to be their own lawyers and to plead their cases to a justice of the peace. Ultimately all American colonies had functioning court systems but they were not uniform. After the American Revolution, colonial court systems became state courts; and like colonial court systems, state courts were not uniform. Appellate jurisdiction which is the lawful authority of a court to review a decision made by a lower court existed however, there were some states that did not...
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...Criminal Law and the Supreme Court William Howard Taft the president of the United States from 1909 to 1913, who also was the Chief Justice, stated “Presidents come and go, but the Supreme Court goes on forever”. Currently that holds true. The first Supreme Court was called to assemble February 1 1790. It was then when they established their powers and duties. The Supreme Court of the United States now has one chief of Justice and eight Associate Justices. The Supreme Court of the United States is the highest judicial body in the United States. This paper will discuss a Supreme Court case. It will review some interesting facts on the case. The paper will also be about what are the various elements of a crime as well as accomplice liability and criminal liability. The elements of crime are actus reus, mens rea, and concurrence. In the case of the Supreme Court vs. Joel Tenenbaum who is a criminal of a different sort. Joel Tenenbaum is a former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet. In 2009 a jury ordered Tenenbaum to pay after the Recording Industry Association of America sued him (Arizona Republic 2012). The three elements of Actus rues involve an act that causes harm or condemned in a statue. Joel Tenenbuam did an act of downloading and causes harm financially to the Recording Industry and is condemned in a statue. "I can't believe the system would uphold a six-figure damages amount for downloading...
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...State of Confusion Paper Kitha Cortez Bus/415 3/3/11 R. MC Cullogh State of Confusion Paper The State of Confusion enacted a ruling requiring all trucks and towing trailers that use Confusion highways are required to use a B-type truck hitch. This hitch is manufacture by only one manufacturer in Confusion and no other states. In result the drivers have the choice to drive through Confusion, but it obligated to stop and have a new hitch mounted on for safety, or drive around Confusion. The federal government has not made any effort to regulate the truck hitches used on the nation’s highways and make it mandatory. Tanya Trucker, who owns a trucking company in the State of Denial, is extremely upset about the additional expense and costs this statute inflicts on her business. Tanya is losing money due to the new regulation. Therefore, she intends to file a suit against Confusion to overturn the act. The court that will have jurisdiction over Tanya is the federal court because the Confusion State has violated the commerce clause of the constitution. The commerce clause is an enumerated power listed in the United States Constitution. “The commerce clause gives the federal government the authority to regulate interstate commerce “(Cheeseman, 2010, p.73). The federal district court also has jurisdiction over citizenship lawsuits. According to Cheeseman, “A case may be brought in federal court if there is diversity of citizenship. Diversity of citizenship occurs...
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...Children get into trouble. It is what they are good at. But what is the extent of that trouble? The juvenile justice system is there so that children who make their way into the law can be treated correctly and appropriately as children and not adults. Many cases have taken place throughout the years to modify these rights of the child in a court of law. One case in particular took place in 1967. This case is in regards to Gerald “Jerry” Gault, a 15 year old boy who was making obscene phone calls to a neighbor as a prank. Why is this case significant? The way it was handled, how the boy was treated, and the rights that came out of this case were all important of how we handle juveniles today. On June 8, 1964, 15 year-old Gerald Gault...
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...Week Three Read Me First criminal courts INTRODUCTION This week focuses on the criminal court system. Courts are typically limited in geographical jurisdiction and in the cases that they can hear. The United States has a dual court system in which the courts closely resemble and complement one another. The courts also have what is known as a courtroom work group that consists of the judge, prosecutor, defense attorney, baliff, clerk, and court reporters. The roles of the courtroom workgroup will be discussed at length this week. This Week in Relation to the Course This week, you explore what happens after arrest. All offenders must go through a series of steps following arrest and detention. This process involves the court system and a number of players who have an integral role in the criminal justice system, such as mental health workers, probation officers, jurors, and so on. The defense attorney, prosecutor, and judge are three of the most important positions involved in this process. The roles of the prosecutor, defense attorney, judge, and other members of the court are examined. You learn about the options that judges consider when determining punishment. You also explore the premise of determinate and indeterminate sentencing and how it affects the actions of the court. The differences between the federal and the state courts and between adult and juvenile court systems are another important aspect of this week. You discuss the various steps during...
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