...What is the dual court system? What is the reasoning behind having a dual court system in the United States? What would happen if there was not a dual court system in the United States? A dual court system is separate from the state court system and federal court system, the state deals with criminal and civil cases. Whereas the federal court may hear criminal and civil cases that are associated to the federal constitution. The reason is because years earlier the central government was very weak and states government was powerful. America has 50, court state systems due to the need for each state to retain significant authority and judicial it’s separate from the federal court system. Whereas state court evolved from early colonial arrangements, federal courts where created by the United States constitutions (Schmalleger F, 2009). There is a need for greater legitimacy a national policy mediates identities in ways that enrich and provide a understandings of constitutional. Dual court system is impacted by history due to the concept of two court systems still in force. Changes have been made to the each individual court record to ensue the record runs smooth, just like models adopted by state court systems. It may help if United State adopted a new court system that could handle all criminal court cases, or a new system that could handle certain court cases. The federal court judges could also hear traffic court cases. The state and federal court systems work side by side, it...
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...Our court system is a dual-court system. Our nation's founders stressed a need for individual states to maintain significant legislative authority and judicial autonomy apart from federal dominion. States were free to create laws and develop a court system to define such laws. Unique features include the fact that state courts do not hear cases of federal law and the federal courts only decide issues of state law when there is a problem among state statutes and constitutional guarantees (Judicial Learning Center, 2012). The dual-court system in America consist of courts on two levels: the federal and the state (Judicial Learning Center, 2012). The federal government maintains to itself dominance over matters that are national in scope while relinquishing control to the states over other matters. This structure necessitates the existence of court systems in each resulting jurisdiction that are empowered to rule on matters from the unique perspective of that jurisdiction's constitution. Some of the major differences are that federal laws are enforced in federal courts, and state laws in state courts. In addition, federal courts have limited jurisdiction, while state courts have general jurisdiction. These differences are in theory, but in practice it is more complex. For example, bank robbery is tried in federal court because it is a federal crime. Stealing from Walmart is robbery and that is a state crime unless it is committed on federal property. Some areas of law...
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...criminal behavior was a disease. They did studies that showed a certain person of a center genetic makeup, height, weight hair and eye color. These findings would be the description of a criminal; it would be found to be false. The true era of rehabilitation from the 1950’s to 1970, in the beginning it was not taken serious and was not part of the curriculum. There was nothing defined to give direction to state facilities and there was no guidance on how to develop a program. The first type of a rehabilitation program was penology; it was a scientific method to punish people. James V. Bennett believes in the individual treatment of criminals in the penal system based on observations and perceptions. The method was adopted as a new model in corrections for this era. Another method that was tried was the Elmira system which was based on penology, but used a more scientific method classification. Inmates were taken into an intake center they were looked over medically and mentally. They were classified based on where they would go such maximum, minimum security. These...
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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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...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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...American Criminal Court System Kabie Goss CJA/224 July 14, 2014 Samyra Hicks American Criminal Court System When thinking about the American Criminal Court System, there is a lot to think about. Most cases are not just opened and closed in one day like they are on television, and there are different courts to handle different situations. In this paper I will be describing what a court is and its purpose, as well as defining what the dual court system is. I will also describe the role that early codes, common law, and precedent played in the development of courts. Lastly, I will identify the role of the courts in criminal justice today. Court and its Purpose Merriam-Webster defines a court in three different ways, but they all seem to intertwine. The first definition is; “a formal legal meeting in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law.” The second being, “a place where legal cases are heard.” The third definition states, “An official group of people (such as a judge and jury) who listen to evidence and make decisions about legal cases.” There are many different types of courts at the local, state, and federal level. Courts can hear both civil and criminal cases. The purpose of the court is to settle legal disputes whether civil or criminal, through a legal process, while protecting the rights and liberties of everyone involved, and to administer justice...
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...Courts System Paper Curtis Lee Cabil Jr. CJA/204 Russell Yeiser December 16, 2011 Courts System Paper The first bill introduced in the United States Senate was the Judiciary Act of 1789. This act divided the country into 13 different districts which represents the 13 colonies. Essentially, the Judiciary Act of 1789 marked the beginning of the historical development of the nations’ court system. From that, “the original American colonies had their own court system for resolving civil and criminal disputes” (Schmalleger, 2009). This in turn marked the development of the dual courts system. “The dual court system is the distinction of state and federal courts that make up the judicial branch of government” (Hewitt, 2008). Furthermore, this dual system will be the result of many years of gradual development. For the purposes of this discussion, I will examine in detail the historical aspects of our nation’s criminal court system, the dual system of the United States, and take note of the differences between the development and our nations’ dual court system. The Supreme Court first assembled on February 1, 1790. However, the meeting had to be re-scheduled to the next day. This was the time when the justices met in New York at the nation’s capital. This meeting took place at the Merchant’s Exchange Building. Despite this, the first actual meeting was not heard until 1792. During the first meeting the Supreme Court met to figure out how to organize it and determine the powers...
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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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...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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...established, the United States legal system has been an important order of justice in our nation. Regardless of social status, gender, race and ethnic background this system is designed to allow all citizens to receive a fair criminal trial. One of the most important characteristics of this system is the Dual Court System; The U.S. court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. By the time the U.S. Constitution had first mandated (1789) the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system based on the English model. To better understand how the Dual Court System works, we should analyze what is the meaning of Dual Court System; the United States has two court systems, the federal and the state. The federal court system, with exceptions, hears cases involving federal matters. There are fifty state courts, one for each state. These are independent of one another, and have their own rules and regulations. Usually, state courts decide cases that involve issues happening within the state. These state courts have been developed throughout the years, a very efficient system with multiple courts that allow attending different cases and trials (Lieberman 2004) Of the two systems, the federal is by far the less...
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...American court system paper Justin Burnett CJA 224 April 30, 2014 David Benson American Criminal Court System American criminal court system and its purpose: The criminal court system in America is a tool that communities use for standards to be enforced and necessary to protect individual and the whole communities. The action taken against the lawbreakers is like that it solves three purposes. It takes away harmful people and removes them from the society; it uses others as an example to not be a part of criminal behavior; and it gives society a chance to change criminals into law-abiding citizens. This particular system has three specific parts: the courts the police, and the corrections and each one have their own different tasks. All these three bodies are depending on each other. The main purpose of American court is to give everyone the opportunity to justice; by punishing and convicting the guilty and help them stop doing bad and protect the innocent. It also guards the individual rights and freedoms. Here, all persons treated equally. If there is any conflict then trials can be the solution but the courts should be used at last. As there are two cases civil and criminal. Courts have two duties first find out the facts of disputes and second are what law is to apply on that fact. Dual court system A dual court system is a double organized entity that helps both courts one at a national level and one local. Australia and The United States are having the...
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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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...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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...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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...The United States courts and history and its purpose has been a strong order of justice in the nation since the first time it was established. The system was designed to allow the citizens of the United States to receive a fair criminal trial regardless of social status, gender, race, and ethnic background. The system is composed by several different elements and processes that are at times very complicated. The best way to understand how the system works is to examine the structure and function of the different courts in America. This paper will describe a court and its purpose, define the dual court system and describe the role that early legal codes, the common law, and precedent played in the development of courts. In addition it will also identify the role of courts in criminal justice today. Over time, the court systems have established a sense of regularity or systematic procedures. The court system in the United States has a federal system of government in which power is divided between a central authority and smaller local units of government. The system has a dual system of federal and state courts that are independent of one another. Each state has its own system; the authority of a court to decide a case is called its jurisdiction. The Courts have jurisdiction only within geographical boundaries. This limits a particular city court to try cases that arise outside the city limits, on the same token, courts in one state rarely have jurisdiction over events happening...
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