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Court History And Purpose Essay

1140 words - 5 pages

Running head: COURT HISTORY AND PURPOSE PAGE \* Arabic 1 COURT HISTORY AND PURPOSE PAGE \* Arabic 2
Court History and PurposeCJA/224 - Introduction to Criminal Court SystemCourt History and PurposeCourts are a critical part of the criminal justice system. They are based on the English common law system and are generally organized in a three-tiered hierarchy. Although all American court systems, follow this essential arrangement there are differences between them and all have exceptions. While each has its own exceptions, it is imperative to stress that they all follow the same basic structure.Court and its PurposeIt is essential to maintain separate systems when dealing with criminal cases. These individual systems include the police, the courts, and the corrections. Depending on the circumstance, some cases are held at a state level and others at a federal level. The purpose of the court system is to provide a setting in which disputes are settled and justice is administered in accordance with the rule of the law. The courts generally consist of a judge, a prosecutor, and a defense attorney. The judge is the person who is appointed to oversee the case and offer the final decision to dispose of a case. The prosecutor is the person who is representing the state or government in the case and the defense attorney is the person who is representing the accused. Each party can bring forth their case before the court to determine if the accused is guilty or innocent. The final verdict is usually provided by a third party, either a judge or a jury, who are unbiased. There are two major court systems, the civil courts and the common law courts. Civil law courts are based upon the judicial system in France, while the common law courts are based on the judicial system in Britain. In most civil law jurisdictions, courts function under an inquisitorial system. In the common law system, most courts follow the adversarial system. Procedural law governs the rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. ("Court System," 2010, para. 1)Dual Court SystemThe United States dual court system is the separation of federal and state courts. Federal courts have exclusive jurisdiction only over certain types of cases, such as cases involving federal laws, controversies between states, and cases involving foreign governments. In certain other areas federal courts share jurisdiction with state courts. For example, both federal and state courts may decide cases involving parties who live in different states. State courts have exclusive jurisdiction over the vast majority of cases. ("The US Legal System," 2012, para. 3) The federal court system is broken down into three courts, the Supreme Court, the United States District Court, and the United States Circuit Court of Appeals. The District Courts are considered to be level one meaning they are trial courts. Each state has at least...

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