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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

CHAPTER ONE

AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM

u s justice system
U.S. Justice System
  • Branches of Government
      • Legislative
      • Executive
      • Judicial
  • Levels of Government
      • Local
      • State
      • Federal
u s criminal justice system
U.S. Criminal Justice System
  • 3 Primary Components
      • Police
      • Courts
      • Corrections
  • 3 Levels of Each Component
      • Local
      • State
      • Federal
police responsibility
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
local police
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
state police
State Police
  • Smallest portion of police responsibility
  • 49 state police agencies
  • Responsibilities
      • Highway Patrol
      • State Law Violations
      • Special Jurisdiction
federal police
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
police in the court system
Police in the Court System
  • Crime Investigation
  • Arrest Law Violators
  • Gatekeeping
  • Court Transport
  • Court Security
u s court system
U.S. Court System
  • Tremendous variation among jurisdictions
  • Functions
      • Protect society from criminal offenders
      • Dispute resolution
  • Levels
      • Local
      • State
      • Federal
u s corrections system
U.S. Corrections System
  • Responsibilities
      • Probation and Parole
      • Community Corrections Programs
      • Institutional Corrections
  • Theories of Criminal Sentencing
      • Retribution
      • Rehabilitation
      • Deterrence
      • Incapacitation
      • Reintegration
levels of corrections
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
separation of powers
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
federalism
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
court jurisdiction
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
general and limited jurisdiction
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
original and appellate jurisdiction
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
law and equity
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
adversarial justice
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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