AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM Branches of Government Legislative Executive Judicial Levels of Government Local State Federal US Justice System 3 Primary Components Police Courts ID: 318785
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CHAPTER ONE
AN OVERVIEW OF THE AMERICAN LEGAL SYSTEMSlide2
Branches of Government
Legislative
ExecutiveJudicialLevels of GovernmentLocalStateFederal
U.S. Justice SystemSlide3
3 Primary Components
Police
CourtsCorrections3 Levels of Each ComponentLocalStateFederal
U.S. Criminal Justice SystemSlide4
Law Enforcement
Activity governed by a criminal code
Includes arrests, investigations, traffic tickets, etc.Order MaintenanceGoverned by Sir Robert Peel’s Nine Principles of PolicingQuality of life issues
Includes controlling crowds, gatherings, traffic
Public Service
Catchall category
Includes animals, neighborhood issues, abandoned vehicles, other public needs
Police ResponsibilitySlide5
Largest portion of police responsibility
Largest portion of police expenditures
12,766 local departmentsMunicipal Police DepartmentsSheriffs’ Departments
Tremendous variation in department size
Local PoliceSlide6
Smallest portion of police responsibility
49 state police agencies
ResponsibilitiesHighway PatrolState Law ViolationsSpecial Jurisdiction
State PoliceSlide7
Special Policing Issues
Federal Bureau of Investigation
Immigration and Customs EnforcementSecret ServiceDrug Enforcement AdministrationMany othersNarrow Jurisdictions
Established by Congress or the President
Federal PoliceSlide8
Crime Investigation
Arrest Law Violators
GatekeepingCourt TransportCourt Security
Police in the Court SystemSlide9
Tremendous variation among j
urisdictions
FunctionsProtect society from criminal offendersDispute resolutionLevelsLocal
State
Federal
U.S. Court SystemSlide10
Responsibilities
Probation and Parole
Community Corrections ProgramsInstitutional CorrectionsTheories of Criminal SentencingRetributionRehabilitation
Deterrence
Incapacitation
Reintegration
U.S. Corrections SystemSlide11
Local
City and County Jails
Short-term housingStateLargest portion of corrections system87.5% of prison populationFederal
U.S. Bureau of Prisons
Federal Probation
Levels of CorrectionsSlide12
Legislative Branch
Congress
Created by Article 1Authority includes taxation, court creation, war declarationExecutive BranchThe PresidentCreated 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
j
udicial review
Separation of PowersSlide13
Separation of powers between the state and federal governments
10
th AmendmentAny power not given to the federal government Reserved to the states or the peopleComity: when one government defers to the other’s authority
FederalismSlide14
A court’s legal authority to decide a case
Subject Matter Jurisdiction
Civil law jurisdictionCriminal law jurisdictionOther special jurisdictionJuvenile lawProbate law
Family law
Court JurisdictionSlide15
Courts of Limited Jurisdiction
Lack the power to hear a full range of cases
Specialized jurisdictionInferior courtsCourts of General JurisdictionHave the power to hear a full range of casesAdhere to formal court procedures
Judges must be licensed attorneys
Hear appeals from inferior courts
General and Limited JurisdictionSlide16
Courts of Original Jurisdiction
Court that first hears the case
May be of limited or general jurisdictionCourts of first instanceCourts of Appellate JurisdictionHear appeals from courts of original jurisdictionAppeals are based upon errors of law
Courts of intermediate appellate jurisdiction
Courts of last resort
State Supreme Courts
U.S. Supreme Court
Original and Appellate JurisdictionSlide17
Law
Provides relief through damages
Civil and criminal lawEquityUsed when there is no remedy available through the lawProvides relief through injunctions
Law and EquitySlide18
Form of justice used in the U.S.
Two parties to the dispute
Opposing one anotherOne will win and one will loseZero-sum gameContrast with inquisitional justiceGovernment gathers evidence of defendant’s guilt
Fewer people charged with crimes
Assumption of defendant’s guilt
Adversarial Justice