...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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...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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...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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...Historical Development Response Christina Najar CJS/200 William Patton 05/18/2012 Historical Development Response In the United States people have held individuals accountable for their actions throughout history. It may have been by hanging individuals that were found guilty or some other type of punishment for the crime that seemed suitable for their actions. In today’s society the justice system does not condone to hangings and blood baths, the justice system today relies on a dual court system, the state court and the federal court. These courts decide guilt or innocence and impose sentences on the convicted. There are different levels in the United States court system and they all dispense justice and help ensure that officials in the justice system work within the law when carrying out their duties (Schmalleger, 2011). The dual court system is a result of a general agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control (Schmalleger, 2011). The original American colonies each had its own system for resolving disputes. In 1629, Massachusetts Bay Colony created a General court, a governor, deputy, 18 assistants and 118 elected officials. The laws were made by legislature and the court. As the colonies grew throughout time so did the court system and by 1776 the colonies established a full functioning court system. The state court systems...
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... |College of Criminal Justice and Security | | |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...
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...Historical Development Response Amy McLain CJS/200 December 14, 2012 L. Scott Bennett Historical Development Response The United States of America is made up of two separate legislative and executive branches of government. These two branches of government are called the federal and state court system. The federal and state court system is known as the “Dual Court System”. The federal court system includes 3 different parts. First, starting off at the bottom level is known as the trial courts (also known as federal district courts). The middle level is the federal appeal courts (also known as circuit courts of appeal). The highest level is the Supreme Court. The federal court operates in the United States by hearing civil and criminal lawsuits that contain federal regulations, policies, constitutional laws, and other things like federal tax. The state court system contains trial courts, appellate courts, and also courts with limited jurisdiction. The state court system operates in the United States by hearing criminal and civil lawsuits only related to the state regulations. The state court system takes care of inheritance problems, traffic violations, real estate issues, child matters, divorce problems and injury cases. When comparing the United States court system to other courts systems, you come to find many countries have many similarities and some differences with the United States court system. For instance, countries such as Australia, Bangladesh, Canada, Hong...
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...Historical Development of the U.S Court Systems CJA/490 University of Phoenix When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law. In the 18th century, when the Union was formed and the colonies became states, they kept their Common Law governments. However, the Articles of Confederation set forth to establish one supreme court, being the federal court. Article III of the U.S. Constitution states: 'The 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.' As a result of the Constitution and the forming of the Federal Court, the powers were divided between the state and central government. There are fifty-one separate systems of courts, one for each state and another for the federal government. Hence the term “dual court system”. The federal court system includes: the U.S. Supreme Court; the U.S. courts of appeal; the U.S. district court; and courts of special jurisdiction. The U.S. Supreme Court, established in 1789, is the highest judicial body and final court of appeal in the United States. Its nine members include one chief justice and eight associate justices who are appointed by the president and confirmed by the Senate. The...
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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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...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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...The major historical developments of 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...
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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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...Historical Development of the U.S. Court System Denise Willaims CJS/200 The United States has a dual court system that consists of state courts that primarily hear civil and criminal cases related to state laws and federal courts that primarily hear civil and criminal cases related to federal laws. The U.S. Constitution designed the federal and state governments to share power. Both courts were put into place to seek to resolve legal disputes and promote justice whether it be to protect your civil rights or to protect your personal property. The American court system is rated one of the highest in the world in comparison to other countries. It prestigious qualities ranks it higher than almost any other country in the world. The United States seems to hold a higher regard for human life that of our surrounding countries. Most of the crimes in the United States are not crimes that are punishable by death, whereas what the United States considers a misdemeanor, could be punishable by death in another country. In the United States, we also get a fair trial which you are represented by a lawyer who is paid to act in your best interest. In other countries, you may not get a lawyer, or even a trial for the crimes you are accused of committing. Most countries depend upon statutes or written law. It includes laws formally put into play by parliaments or central...
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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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...Banjos (State vs. Federal) The United States Judicial System Dee Montano CJA/204 April 3, 2012 Sherre D. Corniel The Dueling Banjos (State vs. Federal) The United States Judicial System Frustration, confusion, and complexity; these three words can and are used regularly to describe the justice system within the United States. A better understanding of the history, principles, and role of the dual court system is necessary for a comprehensive understanding of the American justice system. FEDERALISM vs. ANTI-FEDERALISM The roots of the modern court system in the United States can be found in the principle of federalism. When the delegates met in Philadelphia for the Constitutional Convention among other issues that needed to be addressed was a national judicial system; the Articles of Confederation was woefully inadequate in providing for this. The dual judicial system that exists today was given life with the passage of Article III of the U.S. Constitution ("[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.") Article III was a compromise between the Federalists, supporters of a strong central government, who thought that the federal judiciary should contain all of the courts (trial, appellate, and supreme). Whereas the Anti-Federalists, proponents of states’ rights, believed that an all-inclusive federal judiciary would minimize states’ rights...
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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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