CHAPTER ONE

AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM

Branches of Government Legislative Executive Judicial

Levels of Government Local State Federal

U.S. Justice System

3 Primary Components Police Courts Corrections

3 Levels of Each Component Local State Federal

U.S. Criminal Justice System

Law Enforcement Activity governed by a criminal code Includes arrests, investigations, traffic tickets, etc.

Order Maintenance Governed by Sir Robert Peel’s 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

Police Responsibility

Largest portion of police responsibility

Largest portion of police expenditures

12,766 local departments Municipal Police Departments Sheriffs’ Departments

Tremendous variation in department size

Local Police

Smallest portion of police responsibility

49 state police agencies

Responsibilities Highway Patrol State Law Violations Special Jurisdiction

State 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

Federal Police

Crime Investigation

Arrest Law Violators

Gatekeeping

Court Transport

Court Security

Police in the Court System

Tremendous variation among jurisdictions

Functions Protect society from criminal offenders Dispute resolution

Levels Local State Federal

U.S. Court System

Responsibilities Probation and Parole Community Corrections Programs Institutional Corrections

Theories of Criminal Sentencing Retribution Rehabilitation Deterrence Incapacitation Reintegration

U.S. Corrections System

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

Levels of Corrections

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-

in-chief, executive office appointments

Judiciary Branch The Supreme Court Created by Article 3 Power of judicial review

Separation of Powers

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 other’s authority

Federalism

A court’s legal authority to decide a case

Subject Matter Jurisdiction Civil law jurisdiction Criminal law jurisdiction Other special jurisdiction

Juvenile law Probate law Family law

Court 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

General and Limited 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

Original and Appellate Jurisdiction

Law Provides relief through damages Civil and criminal law

Equity Used when there is no remedy available through the

law Provides relief through injunctions

Law and Equity

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 defendant’s guilt Fewer people charged with crimes Assumption of defendant’s guilt

Adversarial Justice