CHAPTER ONE AN OVERVIEW OF THE AMERICAN LEGAL

CHAPTER ONE AN OVERVIEW OF THE AMERICAN LEGAL

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 State Federal Police Responsibility

Law Enforcement Activity governed by a criminal code Includes arrests, investigations, traffic tickets, etc. Order Maintenance Governed by Sir Robert Peels 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

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

Smallest portion of police responsibility 49 state police agencies Responsibilities Highway Patrol State Law Violations Special Jurisdiction 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 Crime Investigation Arrest Law Violators Gatekeeping Court Transport

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

Federal 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 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 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-inchief, executive office appointments Judiciary Branch The Supreme Court Created by Article 3 Power of judicial review 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 others authority Court Jurisdiction A courts 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 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 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 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 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 defendants guilt Fewer people charged with crimes Assumption of defendants guilt

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