History And Purpose: American Criminal Court System
Court History and Purpose
Humberto Camacho
CJA/224 Introduction to Criminal Court Systems
October 27, 2014
Professor: Samyra Hicks
Court History and Purpose The American criminal court system plays a major role in our country. Without this system, all of those who violate the law would be entitled to do whatever they want and not held accountable for their actions. Defining the court and its purpose it’s something that will makes us understand the system a little better. The dual court system, also plays a major role in our countries system and will be defined in this paper. Describing the role that early legal codes, the common law, and precedent played in the development of courts will also be defined in depth …show more content…
and finally, I will identify the role of courts in criminal justice today. The U.S. Justice Department has defined a court as “an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it” (U.S. Department of Justice, 1981). The courts have a purpose which is broken down into four major categories: to uphold the law, protect individuals, to resolve disputes and reinforce social norms. Upholding the law means that not only courts follow and create laws, but they must also hold the people that brake them accountable and make them face the consequences. Protecting individuals refers to protecting people’s freedom and liberties in every way they can. Resolving disputes can be in two different ways whether it’s the government versus an individual breaking the law or simply a civil dispute between private parties and their interests. Social norms consist of informal and often unspoken rules concerning standards of behavior.
The dual court system in the U.S. is made up of two court systems, the state courts and federal courts. This was done purposely so that the federal courts didn’t have all the power but the system still falls under the Judicial Branch of government in the U.S. “The dual court system is advantageous and desirable because it parallels federalism, a system of government where power is constitutionally divided between a central governing body and various constituent units. Federalism requires that laws are made by the central governing authority and by the constituent units. In the United States, the federal government makes law, but federalism also gives the states’ power to make their own laws” (Siegel, Schmallege, & Worrall, 2011, Chapter 1). State courts handle everything within their state from divorce, child custody, state law violations and civil cases just to name a few. Federal courts, on the other hand, handle federal law violations, immigration and federal property just to name a few. State courts can only send cases to federal courts, if any federal laws issues are present or in some cases involving parties living in different states.
The role that early legal codes played in the development of courts is imperative.
From the Code of Hammurabi and Twelve Tables were the foundation of principles, rules and guidelines that humans needed to live by in order to survive. Today courts follow a similar code by upholding the laws and making sure that the ones that choose to violate them are punished accordingly. “The common law can be better understood when it is contrasted with special law, which refers to the laws of specific villages and localities that were in effect in medieval England and that were often enforced by canonical courts. Under the reign of Henry II (1154–1189), national law was introduced, but not through legislative authority as is customary today. Rather, Henry II implemented a system whereby judges from his own central court went out into the countryside to preside over disputes. They resolved these disputes based on what they perceived as custom. The judges effectively created law, as there was no democratic law-forming process in place at the time” (Siegel, Schmallege, & Worrall, 2011, Chapter 1). Precedent refers to past decisions on similar cases, which make it easier for judges to follow on most outcomes of their current case. The precedent has been a great way to keep similar cases flowing easier and quicker through the court system, which is a huge …show more content…
advantage.
The role of courts today is simple, “Courts are important to the study of criminal justice for two key reasons: adjudication and oversight.
Both of these functions are critically important for the protection of public safety and the smooth operation of the system itself” (Siegel, Schmallege, & Worrall, 2011, Chapter 1). Adjudication is very important because it settles the problem with a decision or ruling and oversight which includes everyone from the court and criminal justice field to work together, not only to avoid mistakes but also to make sure no one is violating any citizen’s rights. The oversight aspect of it is crucial because not only do courts uphold the law but they also make sure that the innocent are not wrongly accused or violated in any
way.
References
Siegel, L., Schmallege, F., & Worrall, J. (2011). Courts and Criminal Justice in America. Retrieved from https://newclassroom3.phoenix.edu/Classroom/#/contextid/
OSIRIS:47807094/context/ co/view/activityDetails/activity/a17c759a- ac14-45f4-9d84- a6bc86c16180/expanded/False U.S. Department of Justice, Dictionary of Criminal Justice Data Terminology, 2nd ed.
(Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 1981), p. 53.
Humberto Camacho
CJA/224 Introduction to Criminal Court Systems
October 27, 2014
Professor: Samyra Hicks
Court History and Purpose The American criminal court system plays a major role in our country. Without this system, all of those who violate the law would be entitled to do whatever they want and not held accountable for their actions. Defining the court and its purpose it’s something that will makes us understand the system a little better. The dual court system, also plays a major role in our countries system and will be defined in this paper. Describing the role that early legal codes, the common law, and precedent played in the development of courts will also be defined in depth …show more content…
and finally, I will identify the role of courts in criminal justice today. The U.S. Justice Department has defined a court as “an agency or unit of the judicial branch of government, authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it” (U.S. Department of Justice, 1981). The courts have a purpose which is broken down into four major categories: to uphold the law, protect individuals, to resolve disputes and reinforce social norms. Upholding the law means that not only courts follow and create laws, but they must also hold the people that brake them accountable and make them face the consequences. Protecting individuals refers to protecting people’s freedom and liberties in every way they can. Resolving disputes can be in two different ways whether it’s the government versus an individual breaking the law or simply a civil dispute between private parties and their interests. Social norms consist of informal and often unspoken rules concerning standards of behavior.
The dual court system in the U.S. is made up of two court systems, the state courts and federal courts. This was done purposely so that the federal courts didn’t have all the power but the system still falls under the Judicial Branch of government in the U.S. “The dual court system is advantageous and desirable because it parallels federalism, a system of government where power is constitutionally divided between a central governing body and various constituent units. Federalism requires that laws are made by the central governing authority and by the constituent units. In the United States, the federal government makes law, but federalism also gives the states’ power to make their own laws” (Siegel, Schmallege, & Worrall, 2011, Chapter 1). State courts handle everything within their state from divorce, child custody, state law violations and civil cases just to name a few. Federal courts, on the other hand, handle federal law violations, immigration and federal property just to name a few. State courts can only send cases to federal courts, if any federal laws issues are present or in some cases involving parties living in different states.
The role that early legal codes played in the development of courts is imperative.
From the Code of Hammurabi and Twelve Tables were the foundation of principles, rules and guidelines that humans needed to live by in order to survive. Today courts follow a similar code by upholding the laws and making sure that the ones that choose to violate them are punished accordingly. “The common law can be better understood when it is contrasted with special law, which refers to the laws of specific villages and localities that were in effect in medieval England and that were often enforced by canonical courts. Under the reign of Henry II (1154–1189), national law was introduced, but not through legislative authority as is customary today. Rather, Henry II implemented a system whereby judges from his own central court went out into the countryside to preside over disputes. They resolved these disputes based on what they perceived as custom. The judges effectively created law, as there was no democratic law-forming process in place at the time” (Siegel, Schmallege, & Worrall, 2011, Chapter 1). Precedent refers to past decisions on similar cases, which make it easier for judges to follow on most outcomes of their current case. The precedent has been a great way to keep similar cases flowing easier and quicker through the court system, which is a huge …show more content…
advantage.
The role of courts today is simple, “Courts are important to the study of criminal justice for two key reasons: adjudication and oversight.
Both of these functions are critically important for the protection of public safety and the smooth operation of the system itself” (Siegel, Schmallege, & Worrall, 2011, Chapter 1). Adjudication is very important because it settles the problem with a decision or ruling and oversight which includes everyone from the court and criminal justice field to work together, not only to avoid mistakes but also to make sure no one is violating any citizen’s rights. The oversight aspect of it is crucial because not only do courts uphold the law but they also make sure that the innocent are not wrongly accused or violated in any
way.
References
Siegel, L., Schmallege, F., & Worrall, J. (2011). Courts and Criminal Justice in America. Retrieved from https://newclassroom3.phoenix.edu/Classroom/#/contextid/
OSIRIS:47807094/context/ co/view/activityDetails/activity/a17c759a- ac14-45f4-9d84- a6bc86c16180/expanded/False U.S. Department of Justice, Dictionary of Criminal Justice Data Terminology, 2nd ed.
(Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 1981), p. 53.