American Criminal Court System

The American criminal court system has been a work in progress for thousands of years. Crimes that were formerly punished by the “eye for an eye” concept have slowly evolved into crimes that are looked at, proven then judged by the criminal court system that we have today. The criminal system is an intricate, delicate weave of laws, punishments and retribution, while keeping human rights and needs into consideration. According to Seigel, Schmalleger and Worrall, 2011, “The court system is a collective conscience of society, serving as an instrument for expressing the revulsion people feel for those who commit particularly heinous crimes.”
The court is an agency of the government that is judged by presiding officers. The court determines cases and their outcomes. The exact definition of the definition of a court is not as important as knowing what the functions of the court system are. The jobs of the court system are to uphold the law, protect individuals, resolve disputes, and reinforce the social norms. The societal norms can change at any given time. It is up to the court to be abreast of those changes, and to punish accordingly. There are several different types of court systems, and the majority of them are split into what is known as a “dual court system.” Federal and state court and civil and criminal courts are examples of a dual court system. The purpose of a dual court system is to offset the strain from one to the other. The dual court system also gives a sense of checks and balances. The federal system is only allowed so much power, the rest is handed down to the state courts. Laws that apply at a state level may not apply at the federal level. Federal crimes are typically harsher more heinous crimes, and with the help of the federal court, those individuals committing those crimes can be tried and punished much harsher. Criminal courts are one of the more “recognizable” types of courts. Civil courts see cases involving personal cases, family cases, etc. Criminal courts try individuals for the harm they cause towards others, and are society’s way of getting fair and legal retribution.
Laws had their beginnings from as far back as the written word. Moses’ Law, otherwise known as The Ten Commandments, is one of the oldest known written laws. Although the Ten Commandments were the first religious written law, the Roman Twelve Tables is the first secular written law. Written laws are also known as legal codes. Although the punishments for these “legal codes” were harsh and sometimes inhumane, they set the basis for having a standardized code of law (Seigel, Schmalleger &Worrall, 2011).
As time passed, common law came to be. Judges in different courts in England would make decisions and pass those decisions onto others. These rulings would become known as the “common law.” Common law started in the 1000’s in England. As these “common laws” passed throughout England they effectively started to create a written law. From these laws, Precedent developed. Precedent is the idea that a current decision was effected or created by a previous decision. This idea helped in ensuring that created laws were not extremely controversial, and that these laws flowed. It also ensured that the laws created and decisions made weren’t eccentric, but easy to follow for the common individual. This theory of precedence has been applied to courts today because laws that are created at a higher court are upheld by every court below it.
The role of the criminal court is to serve justice to the people. Adjudication, oversight and protection are all common roles of the court system (Siegel, Schmalleger & Worrall, 2011). Adjudication is resolving a dispute or occurrence. For criminal court, this resolution is the determination of who committed a crime and what the punishment will be for said crime. Oversight, from a court perspective, is overseeing what happens in lower courts, decisions made, laws passed, etc. It is a courts job to keep individuals safe. Courts provide restraining orders for those who feel endangered, safe havens for those who are material witnesses to important cases, and provide security in other ways as well.
The court system of the United States has grown immensely over the last few centuries. Laws have been established, as well as punishments for it’s’ violators. The court system is an intricate balance, and has succeeded in service justice to the American people for hundreds of years. Although not error-proof, the criminal court system of the United States spends every day putting away those who would harm its people.