Preview

Distinguishing Features of the Major Court Systems

Better Essays
Open Document
Open Document
1216 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Distinguishing Features of the Major Court Systems
Distinguishing Features of the Major Court Systems
Criminal procedure can be complex, not only because of many factual questions that arise in day-day-police/citizen encounters but also because of the two-tiered structure of the United States court system. This two-tiered structure reflects the idea of dual sovereignty. The United States Legal system has been designed allow all citizens to receive a fair criminal trial regardless of social status, gender, race, and ethnic background. The system is composed by many confounding and complicated elements and processes. In the United States there are two parallel systems of courts: federal and state. Each is divided into trial courts and appellate courts. There are more than 200 statewide general and limited jurisdiction trial court systems in the United States, the District of Columbia, and Puerto Rico, and more than 130 appellate courts on the state and federal levels. State appellate courts range in size from five to nine judges—most have a state court of last resort with seven members (Abadinsky, 2008).
Our country has a two-tiered court structure consisting of federal and state courts. The fifty state court systems present a complex array of structures: No two state court systems are alike. There are two basic types of courts: those that try cases (trial courts) and those that consider cases only on appeal (appellate courts) from a trial court or a lower appellate court. (Abadinsky, 2008). While there are systems of trial and appellate courts in each state, most are not at all systematic. It is difficult to generalize about state courts. Some states, such as New York (Appendix A), present a confusing system of courts, often with overlapping jurisdiction.
Jurisdiction is basic to understanding the organization of a court system. It is the geographic area, subject matter, or persons over which a court can exercise authority. The area of geographic jurisdiction is referred to as venue, and it can be limited to a



References: Abadinsky, H. (2008). Law and Justice. An Introduction to the American Legal System, Sixth Edition. [University of Phoenix Custom Edition e-Text]. Upper Saddle River, NJ: Pearson Education. Retrieved from, University of Phoenix E-book website. Adler, F., Mueller, G. O. & Lawfer, W. S., (2009). Criminal Justice: An introduction [5 ed.]. Boston: IL. Retrieved from University of Phoenix rEsource website. Court Structure. (2004). New York State Unified Court System. Retrieved from http://www.nycourts.gov/courts/structure.shtml Lieberman, J. K. (2004). Courts in the United States. Retrieved from Microsoft EncartaEncyclopedia Standard. Worrall, J.L. (2007). Criminal Procedure: From First Contact to Appeal. Retrieved from http://www.rioverdeuniversity.org/lcpTextbook.htm.

You May Also Find These Documents Helpful

  • Good Essays

    Jurisdiction refers to a court’s authority and right to speak the law or render a decision in a legal dispute. According to The legal environment of business: A managerial approach: Theory to practice, jurisdiction can be described as, is a court’s authority to decide a particular case based on (1) who the parties are, and (2) the subject matter of the dispute” (Melvin, 2012, p.58).…

    • 1577 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Homework Assignment 5

    • 1706 Words
    • 7 Pages

    The four levels of state courts are as follows: The trial court of limited jurisdiction, the trial court of general jurisdiction which hears various kinds of cases, the intermediate appellate courts with a fixed maximum and minimum term of imprisonment and only hears appeals and the state courts of last report or Supreme Court of the state.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Court System Visuals Team B- David Bruner, Kadeesha Dixon, Robert Holben, and Tyleshia Gilbert June 16, 2014 CJA/204, Introduction to Criminal Justice Linda Fisher-Lewis Major historical developments of the U.S. courts • Probation Act of 1925 • Pretrial Service as an experiment in 1974 • Pretrial Services Act of 1982 Dual Court System • Federal versus State Court Systems • Federal based on United Sates Constitution • State based on State legislature Steps of the Pretrial Process • • • • • • • • • • Arrest and Charge Bail Hearing First Appearance/Obtaining Disclosure Crown Resolution Meeting Judicial Pre-trial Preliminary Inquiry Trial Verdict Sentence Appeal Six Steps Necessary For Appeal • • • • • File a notice of appeals.…

    • 227 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The United States has two types of court structures which are called a dual court system. Each of the judicial systems has their separate systems one for each of the states and the other for the Federal system. The U.S. Supreme is the only place where the two judicial systems connect.…

    • 272 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The American Criminal Justice System is a well orchestrated and cooperative performance with the professional courtroom actors and others all playing their parts in the administration of justice. This paper will look at a very important group of individuals the courtroom work group. Each person acts as one of the cogs in the machine, all cooperating to reach a common goal. This paper will describe what a courtroom work group is, who is in a courtroom work group and what they each do. The role of the prosecutor will also be described and how they determine which cases to pursue, and what would happen if the criteria for the prosecution of cases were more lenient or stringent. Lastly, this paper will describe the effects of the criminal justice funnel and the backlog of cases on the American court systems and the courtroom work group. Are there any solutions to help eliminate the funnel and help reduce the backlog of cases? To get an answer to that question, a review of the how this important group works will have to be understood.…

    • 1388 Words
    • 4 Pages
    Better Essays
  • Better Essays

    One of the most essential inquiries of law is whether a particular court has authority to preside over a given case. The jurisdictional question may be broken down into three components: is jurisdiction over the person, is jurisdiction over the subject matter, and is jurisdiction to render the particular judgment sought. Then there is different courts that have jurisdiction depending on the case. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by their specific state laws.…

    • 1497 Words
    • 6 Pages
    Better Essays
  • Good Essays

    In the United States there are two separate judicial systems, the state and federal. According to USCourts.gov, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between two or more states, California state court deals with criminal, contractual, and family related cases. California’s courts are an independent branch of the California government. The California State Court enforces laws, resolves disputes, and protects individual rights. The court system is also responsible for interpreting laws passed by our legislative and executive branches.…

    • 706 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The U.S. has a dual court structure. To be exact, we have a federal judiciary system and the systems that are operated by each of the states. This dual court structure is a unique feature of the American judicial system. Although most cases are tried in state courts, the federal court is playing a larger and larger role in finding resolutions to disputes. Partly, this is because congress in recent years has enacted a range of new laws that grant citizens access to federal courts.…

    • 1149 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Neubauer, D.W. (2004). America 's Courts and the Criminal Justice System. Published by Thomson Wadsworth Criminal courts/ United States…

    • 1796 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    References: Criminal Justice Today: An Introductory Text for the 21st Century, Eleventh Edition, by Frank Schmalleger. Published by Prentice Hall.…

    • 748 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Court History and Purpose

    • 1064 Words
    • 5 Pages

    The court system in America has been around since the middle of the 1600’s and has played a crucial role in the development of how things are done when it comes to the criminal justice side. From today’s federal court and our typical state court, these dual court systems came about from a mutual agreement presented from our nation’s founders. In the last 200 years, states’ rights have gradually waned relative to the power of the federal government, but the dual-court system still exists. Even today, state courts do not hear cases involving alleged violations of federal law, nor do federal courts get involved in deciding issues of state law unless there is a conflict between local or state statutes (Schmalleger, Hall, & Dolatowski, 2010).…

    • 1064 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Court History and Purpose

    • 745 Words
    • 3 Pages

    The court plays a very critical role in American Criminal Justice. Without the development of courts, those who violate the law would face no penalty and would commit crimes and walk free. In this paper I will evaluate and examine the American Criminal court system. I will describe the court and the purpose that it serves as so I will also define the dual court system. I will also describe the role that early legal codes, the common law and the precedent played in the development of courts.…

    • 745 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    References: Bureau of international information programs, U.S. Department of state (2004), Outline of the U.S. legal system. Retrieved December 3, 2010, from: http://www.america.gov/media/pdf/books/legalotln.pdf…

    • 1029 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Court Systems

    • 1646 Words
    • 7 Pages

    References: Encyclopedia, T. C. (2012). Court System In the United States - State Court Systems. New York: Columbia University Press.…

    • 1646 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    California Court System

    • 401 Words
    • 2 Pages

    California is home to one of the largest court systems in the United States. Filing nearly nine million cases in its lifetime, the system has served over 37 million people (Darling). The California system can be separated into three branches. The first branch is known as the Supreme Court of California, and they are the state’s highest court. They review cases involving judgments of death and misconduct among attorneys. They also have the power to review cases that have been conducted in lower court systems. The second branch is known as the Courts of Appeal. This branch is California’s ‘intermediate’ court. Most of the cases that are submitted to this branch are decided by three judge panels, and the results are published. The jurisdiction of this branch covers the same amount of jurisdiction as its lower counterpart in the Superior branch. The third branch of the California Court System is the Superior Courts branch. This branch has jurisdiction over all criminal and civil cases. This is the lowest court in the California system, and therefore it sees the greatest volume of cases.…

    • 401 Words
    • 2 Pages
    Good Essays