.png){kind=logo}
Instructor’s Manual to accompany Courts and Criminal Justice in America Fourth Edition Larry J. Siegel Frank Schmalleger John L. Worrall Prepared By Elvira M. W hite-Lewis Bridgette Aicher 1 / 4
iii Copyright © 2021 Pearson Education, Inc.Contents 1 13 28 44 58 70 79 94 108 120 131 147 157 169 184 197
Chapter 1: Legal Foundations
Chapter 2: Who Controls the
Courts?
Chapter 3: Federal Courts
Chapter 4: State Courts
Chapter 5: Juvenile Courts
Chapter 6: Specialized Courts
Chapter 7: Judges
Chapter 8: Prosecutors
Chapter 9: Defense Attorneys
Chapter 10: Defendants and victims: Their Roles and Rights
Chapter 11: Pretrial Procedures
Chapter 12: Plea Bargaining and Guilty Pleas
Chapter 13:
The Jury and the Trial Chapter 1
4: Sentencing, Appeals, and Habeas Corpus
Chapter 15: Differential
Treatment and Wrongful
Convictions Chapter 16: Techn
ology, Alternatives, and the Future 2 / 4
1 Copyright © 2021 Pearson Education, Inc.Chapter 1 Legal Foundations
CHAPTER OVERVIEW
This chapter introduces the court system and its importance to our system of governance and the reasons that we have government courts. The legal basis for the American court system results from early legal codes, common law, modern criminal codes, administrative regulations, and constitutions (federal and local). Protecting individuals who come before the courts is essential to our system of justice. Defining and distinguishing criminal and civil law are concepts discussed in depth in this chapter.
CHAPTER OBJECTIVES
- Explain the purpose and functions of courts and the dual court system.
- Outline the history and development of law and the courts.
- Summarize the guiding legal principles underlying the U.S. court system.
- Explain the nature of disputes.
LECTURE OUTLINE
COURTS AND THEIR IMPORTANCE
Teaching Note: Begin your class with a discussion regarding how much background information that the students have about the courts. This can be an ice-breaker in a new course and thus put students at ease. Give each student an index card and have them write the five most important functions of the court system. Keep the cards during the semester. Return them to students and discuss with them at the end of the course. They will be surprised at how much they have learned.What Is a Court?• Proper legal authority as spelled out in constitutions or statutes.• Generally found in the judicial branch, as opposed to legislative and executive branches of government.• Empowered to make binding decisions-adjudications.Courts in American Government • Why government courts?
- Growth of larger societies shifted law enforcement from a private affair to a
- Conflicts need to be resolved in a formal process.
public or governmental one.
• Dual court systems separate federal and state courts:
- Ours acting as a system of cooperative federalism.
- Can promote complications and confusion.
- At each level there is district court hierarchy. 3 / 4
2 Copyright © 2021 Pearson Education, Inc.
- States have limited jurisdiction courts.
- Federal and state systems have appellate courts.
• Functions of the court system in a hierarchical jurisdictional way.Functions of the Court System • Upholding the law.• Protecting individuals.• Resolving disputes.• Reinforcing social norms.
LEGAL BASIS FOR THE COURTS
• Religious Judeo-Christian values had a key role in the evolution of American government.• Criminal justice began with the Declaration of Independence.Early Legal Codes • Code of Hammurabi.• Twelve Tables.• Signaled the emergence of formalized “law.” Common Law and Precedent • Emphasizes the importance of judicial decisions.• Uniformity of judicial decisions came to be known as common law.• Common law is in contrast of special law enforced in specific villages.• Precedent refers to some prior action that guides current action.
- Judges decisions were “guided” by earlier decisions.
- / 4
• Precedent ensured continuity and predictability. Stare decisis, which is Latin for “to stand by things decided,” is the formal practice of adhering to precedent.• Precedents change as the times change.Modern Legal Codes • Differ from early legal codes.• Exist at different levels of government.• Several different forms.• Do not exist just to prohibit criminal conduct.Administrative Regulations • Rules promulgated by government agencies.• Authority given by executive and legislative branch.
.png)