Chapter 1

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AN OVERVIEW OF THE AMERICAN

LEGAL SYSTEM

Branches of Government

 Legislative

 Executive

 Judicial

Levels of Government

 Local

 State

 Federal

3 Primary Components

 Police

 Courts

 Corrections

3 Levels of Each Component

 Local

 State

 Federal

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

Largest portion of police responsibility

Largest portion of police expenditures

12,766 local departments

 Municipal Police Departments

 Sheriffs’ Departments

Tremendous variation in department size

Smallest portion of police responsibility

49 state police agencies

Responsibilities

 Highway Patrol

 State Law Violations

 Special Jurisdiction

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

Crime Investigation

Arrest Law Violators

Gatekeeping

Court Transport

Court Security

Tremendous variation among jurisdictions

Functions

 Protect society from criminal offenders

 Dispute resolution

Levels

 Local

 State

 Federal

Responsibilities

 Probation and Parole

 Community Corrections Programs

 Institutional Corrections

Theories of Criminal Sentencing

 Retribution

 Rehabilitation

 Deterrence

 Incapacitation

 Reintegration

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

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 between the state and federal governments

10 th 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

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

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

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

 Provides relief through damages

 Civil and criminal law

Equity

 Used when there is no remedy available through the law

 Provides relief through injunctions

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

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