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CHAPTER ONE

CHAPTER ONE. AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM. U.S. Justice System. Branches of Government Legislative Executive Judicial Levels of Government Local State Federal. U.S. Criminal Justice System. 3 Primary Components Police Courts Corrections 3 Levels of Each Component Local

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CHAPTER ONE

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  1. CHAPTER ONE AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM

  2. U.S. Justice System • Branches of Government • Legislative • Executive • Judicial • Levels of Government • Local • State • Federal

  3. U.S. Criminal Justice System • 3 Primary Components • Police • Courts • Corrections • 3 Levels of Each Component • Local • State • Federal

  4. Police Responsibility • Law Enforcement • Activity governed by a criminal code • Includes arrests, investigations, traffic tickets, etc. • Order Maintenance • Governed by Sir Robert Peel’s Nine Principles of Policing • Quality of life issues • Includes controlling crowds, gatherings, traffic • Public Service • Catchall category • Includes animals, neighborhood issues, abandoned vehicles, other public needs

  5. Local Police • Largest portion of police responsibility • Largest portion of police expenditures • 12,766 local departments • Municipal Police Departments • Sheriffs’ Departments • Tremendous variation in department size

  6. State Police • Smallest portion of police responsibility • 49 state police agencies • Responsibilities • Highway Patrol • State Law Violations • Special Jurisdiction

  7. Federal Police • Special Policing Issues • Federal Bureau of Investigation • Immigration and Customs Enforcement • Secret Service • Drug Enforcement Administration • Many others • Narrow Jurisdictions • Established by Congress or the President

  8. Police in the Court System • Crime Investigation • Arrest Law Violators • Gatekeeping • Court Transport • Court Security

  9. U.S. Court System • Tremendous variation among jurisdictions • Functions • Protect society from criminal offenders • Dispute resolution • Levels • Local • State • Federal

  10. U.S. Corrections System • Responsibilities • Probation and Parole • Community Corrections Programs • Institutional Corrections • Theories of Criminal Sentencing • Retribution • Rehabilitation • Deterrence • Incapacitation • Reintegration

  11. Levels of Corrections • Local • City and County Jails • Short-term housing • State • Largest portion of corrections system • 87.5% of prison population • Federal • U.S. Bureau of Prisons • Federal Probation

  12. Separation of Powers • Legislative Branch • Congress • Created by Article 1 • Authority includes taxation, court creation, war declaration • Executive Branch • The President • Created by Article 2 • Authority includes enforcement of laws, acting as commander-in-chief, executive office appointments • Judiciary Branch • The Supreme Court • Created by Article 3 • Power of judicial review

  13. Federalism • Separation of powers between the state and federal governments • 10th Amendment • Any power not given to the federal government • Reserved to the states or the people • Comity: when one government defers to the other’s authority

  14. Court Jurisdiction • A court’s legal authority to decide a case • Subject Matter Jurisdiction • Civil law jurisdiction • Criminal law jurisdiction • Other special jurisdiction • Juvenile law • Probate law • Family law

  15. General and Limited Jurisdiction • Courts of Limited Jurisdiction • Lack the power to hear a full range of cases • Specialized jurisdiction • Inferior courts • Courts of General Jurisdiction • Have the power to hear a full range of cases • Adhere to formal court procedures • Judges must be licensed attorneys • Hear appeals from inferior courts

  16. Original and Appellate Jurisdiction • Courts of Original Jurisdiction • Court that first hears the case • May be of limited or general jurisdiction • Courts of first instance • Courts of Appellate Jurisdiction • Hear appeals from courts of original jurisdiction • Appeals are based upon errors of law • Courts of intermediate appellate jurisdiction • Courts of last resort • State Supreme Courts • U.S. Supreme Court

  17. Law and Equity • Law • Provides relief through damages • Civil and criminal law • Equity • Used when there is no remedy available through the law • Provides relief through injunctions

  18. Adversarial Justice • Form of justice used in the U.S. • Two parties to the dispute • Opposing one another • One will win and one will lose • Zero-sum game • Contrast with inquisitional justice • Government gathers evidence of defendant’s guilt • Fewer people charged with crimes • Assumption of defendant’s guilt

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