Tuesday, February 26, 2019
Court History and Purpose Essay
AbstractThe butterfly represents the collective conscience of society, serving as an promoter for expressing the revulsion people feel for those who commit particularly heinous crimes (Siegal, Schmalleger, & Worrall, 2011). This make-up go forth discuss the history of tap and its intend. It will similarly bushel the dual court schema. It will describe the government agency that premature legal codes, the reciprocal righteousness, and precedent played in the learning of courts. It will discover the role of courts in present criminal justice.The Purpose of CourtThe purpose for court is simply to find guilt or innocence in someone who has been charged of a crime or to settle disputes in civil matters. Such matters must have the legal authority of a judge to be considered a court. In m both courts the adversary put to work is used, allowing both sides to give any evidence, arguments, or persuasion to support their human face. A judge or a jury will decide whose case is credible based on the arguments given. In the past, disputes were hand direct informally and not in a civilized manner. Some people would take matters into their own hands, which led to violence. In right aways society, all matters be handled in a formal and civilized manner.The Dual Court SystemThe judicial severalize of the U.S. Government is considered a dual court organization because it separates the federal court from the state court. The dual organization is advantageous and desirable because it parallels federalism, a governance of government where power is constitutionally divided between a commutation governing body (i.e., the federal government) and various constituent units (i.e., the states) (Siegal, Schmalleger, & Worrall, 2011). The establishment of a dual court carcass began in colonial period. TheUnited States shaping mandated the establishment of a Federal court agreement in 1789, when distributively of the original 13 Colonies already maintained its own comprehensive court system (2013). In federalism, it is required that laws ar made by the federal government and the state. Although the dual court system is desirable, it give the sack similarly cause confusion between the federal and state courts. This is because some cases rear end be heard at both federal and state levels, and it can be hard to determine how the case should be handled.The Development of CourtsThe development and influences of the U.S. judicial system came along during the time this country was started. In the beginning, devotion played a major part in making the laws of the country. The early legal codes played a significant role in the judicial system as well. These legal codes were used back 1760 B.C. One of the well-nigh known legal code is the Code of Hammurabi, who was the king of Babylon. The philosophy screwing this code is retribution. Other early legal codes came from ancient Rome. The twelve Tables were written in 450 B.C. They were said to be the first written legal code. The Twelve Tables was based on strong retribution, establishing the eye for an eye theory for justice. Because the early legal codes were considered to be harsh and informal, it was paved the way for the changes of the judicial system to develop a more formal and civilized system.Common law emerged in England during the Middle Ages and was applied within British colonies across continents (2010). Its role gave judges authority to make decisions as they saw fit. There was no legislature or law making process during this time. Judges would also record the decisions, which led to precedent. Precedent refers, generally, to some prior action that guides true action (Siegal, Schmalleger, & Worrall, 2011). In new cases, judges could apply precedents in their decision, which is how makes it common law. Common law has been implemented into todays judicial system by following previous courts decisions in cases. It is unlikely that once a judge makes a decision that it will be reversed or changed from precedent.The Present Role of CourtsIn todays judicial system, in that location are two roles come tod in courtsadjudication and oversight. Adjudication means that judges decides if a person is guilty or innocent when they have been involved in a criminal act. Appellate courts make sure that lower courts are applying the correct laws in court proceedings. Having the appellate courts verify all laws ensures that if any mistakes or incorrect information was given by the judges, they will be held accountable. Courts oversee the operations of criminal justice officials to provide a level of indirect supervision. The appellate courts decide laws that will determine how police officers to their farm out on the street (Siegal, Schmalleger, & Worrall, 2011). Oversight is only necessary when the appellate courts are involved in a decision. If such decisions are publicized, the appellate courts will be involved also. It all depends on the severity o f the incident involve by police officers will it be brought to the courts attention.ConclusionThe judicial system has indeed changed over the course of time. History has shown that the development of the judicial system was fathered from England and other ancient heritages that set the foundation of how laws are created and implemented into todays society. More common law is being practiced in many states across the nation. Some of the practices were very informal and retributive, however in todays court system, court proceedings are in a formal and civilized setting.ReferencesSiegal, L.J., Schmallegar, F., & Worrall, J.L (2011). Courts and criminal justice inAmerica. upper berth Saddle River, NJ Pearson.The common law and civil law traditions. (2010). The Robbins Collection. RetrievedFrom University of calcium at Berkeley School of Law (Boalt Hall)http//www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html Understanding the U.S. court system in a glance. (2013). R etrieved fromhttp//court.laws.com/court-system.
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