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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

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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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