Court History and Purpose Michele A Anderson CJA/224 June 8, 2012 Austin Zimmer Court History and Purpose The American justice system is a complex system that serves a purpose of administering justice and all other legal matters. This paper will examine the court system and its purpose. This paper will describe the dual court system and how it pertains to our justice system. This paper will also examine the role of the early legal codes, common law, and the precedent they played in the development of the court systems. This paper will identify the role of the courts in the criminal justice system today.
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
Court History and Purpose Natalie Rizet CJA/224 August 19, 2013 Angelo Edralin Court History and Purpose Analyzing the court system and their purpose. Describing the two fundamentals of the supreme Courts and the supreme courts purpose. The dual court system is composed of both federal and state court system and how there’s limited access to each. Illustrate how common law, precedent, and legal codes helped the growth of the courts. Knowing the roles of the court system including investigation, prosecution, and punishment.
* What is an order issued by the Supreme Court to a lower court requiring a case for review? A writ of certiorari. Exercises: 1. Explain constitutional law and states powers using Chapter 1, Section 3 as a basis for your answer. Constitutional law is a group of laws made to keep a good foundation and it gives an idea of the outcome of business.
The criminal investigation process is a complex aspect of the legal system that aims to gather evidence lawfully, justly and in the accordance with the rights of the victims, accused and society.The criminal investigation process encapsulates the powers of police to detain suspects, gather evidence, interrogate and to search and seize property, through the appropriate use of warrants and other legal means. The criminal investigation process also entails the rights of suspects, such as to bail and remand and the right to counsel during interrogation. Police investigate most alleged crimes, but it is left to their discretion as to whether or not the alleged criminal activity warrants investigation. This may come down to the resources that the police have at
Question 1 Identify by means of a diagram the principal criminal courts in England and Wales. FIG 1 In reference to fig 1 the principal criminal courts in England and Wales, there are three main courts which are magistrates, crown and court of appeal. These courts deal with offenders on behalf of the state and the public and are there to maintain law and order and protect the society. The magistrates’ court deals with less serious or summary offences which may include, council tax, motoring offences, assaults and threatening behaviour. They also deal with both way offences which can be tried in both magistrates and or crown court.
Lastly, this paper will define what inchoate offense is and will compare it to elements of additional criminal offenses. In order to fully understand criminal law, one must also understand its purpose and its sources. Criminal law has many purposes, but to sum it all up, according to Schmalleger (2010), “criminal law protects the law-abiding citizens while maintaining social order through the conviction and sentencing of the criminals. Criminal law provides protection to all law abiding individuals and will sentenced the ones who committed the crimes. Criminal law has many sources, one is the Constitution.
d) It is the role of the judiciary, when interpreting statutes, to fill in the gaps in the statutes. 2. Consider the following statements and decide which statement or combination of statements is correct: i) The judiciary creates law as it thinks is appropriate. ii) The judiciary can create law through statutory interpretation. iii) The judiciary creates law as frequently as Parliament.
It is their duties to ensure public safety and maintain order. Secondly, are the Courts, which sentences criminals based on evidence gathered by the Police and Lawyers. Thirdly, are Correctional Institutions, which detains or rehabilitates criminals. The graphic illustration below outlines the Criminal Justice System and its key components: Police The first component is the police, which serve as the gate keepers for the Criminal Justice System. The term police originated from the “Latin word politia” which means civil administrations’’.
Police are government officials in charge of regulating and controlling affairs within the community. Police are designed to regulate, control, or keep order with or as if with a law enforcement agency. The functions of the police are to enforce the law, investigate crimes, apprehend criminals, maintain public order, prevent and reduce crime, and ensure community safety. The prosecutorial phase is perhaps the most critical stage of the criminal justice process, as it is at this point that many of the rights of an alleged offender and crime victim are brought into play. The offender's rights in the court proceedings include: The right to have legal representation.