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Introduction

Introduction. The Rule of Law. English Roots of American Justice System. Key elements of the medieval tithing system. Definition:. tithing. Grouping together of 10 families. Requirements of Tithing. Obey the law.

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Introduction

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Presentation Transcript

  1. Introduction The Rule of Law

  2. English Roots of American Justice System

  3. Key elements of the medieval tithing system

  4. Definition: tithing Grouping together of 10 families

  5. Requirements of Tithing Obey the law

  6. Requirements of Tithing Keep peace in their area

  7. Requirements of Tithing Bring law violators to justice

  8. Ten tithings formed a Hundred

  9. Several hundreds made a Shire (Size of a county)

  10. Shire was directed by a “Shire Reeve” or Sheriff

  11. History and Structure of American Law

  12. American law enforcement agencies have limited authority

  13. Authority and Jurisdiction are determined by law

  14. Authority and jurisdiction are determined at the federal, state & local levels….

  15. Jurisdiction A politically defined geographic area

  16. Jurisdiction The right or authority of a justice agency to act in regard to a particular subject matter, territory or persons

  17. Jurisdiction The right or authority of a justice agency to act in regard to a particular subject matter, territory or persons

  18. Jurisdiction Metro City • Defines laws an agency is permitted to enforce • Defines duties it is allowed to perform

  19. Federal Agencies

  20. Immigration and Naturalization Service – INS (now known as ICE)

  21. Drug Enforcement-DEA

  22. U.S. Marshal’s Service

  23. United States Secret Service

  24. Internal Revenue Service

  25. U.S. Customs Service

  26. Bureau of Alcohol, Tobacco Firearms and Explosives

  27. United States Postal Service

  28. Top 4 Federal Agencies IRS FBI INS US Customs

  29. Substantive vs. Procedural Law

  30. Substantive Law Defines criminal offenses and their penalties JAIL

  31. Substantive Law Burglary Defines criminal offenses and their penalties JAIL

  32. Procedural Law Explains how substantive laws are to be administered (due process)

  33. The Administration of Justice

  34. Dual Court System of the United States

  35. United States Supreme Court • Circuit Courts of Appeals • District Courts

  36. 7-2:The Federal Court Structure

  37. 7-3:The Thirteen United States Circuits

  38. State Court System State Systems vary by State

  39. State Court System California • Supreme • Court of Appeal • Superior

  40. United States Supreme Court The Court of Last Resort

  41. United States Supreme Court • Rule of Four • Writ of Certiorari • Writ of Habeas Corpus

  42. Dual Court System of the United States U.S Supreme Court Courts of Last Resort Intermediate Courts of Appeal U.S. Courts of Appeal Trial Courts of General Jurisdiction Federal Court System State Court System U.S. District Courts

  43. Ted Rubin’s 10 Purposes of Courts 1. To “Do Justice” 2. To “ Appear to do Justice”

  44. Ted Rubin’s 10 Purposes of Courts 3. To provide a forum to resolve disputes 4. To censure wrongdoing

  45. Ted Rubin’s 10 Purposes of Courts 5. Incapacitate convicted criminals 6. Punish criminal offenders

  46. Ted Rubin’s 10 Purposes of Courts 7. Rehabilitate criminal offenders 8. General deterrence of public by punishing criminal offenders

  47. Ted Rubin’s 10 Purposes of Courts 9. Determine legal status 10. Protect citizens against arbitrary government action

  48. Key Actors in the Court Process Defense Attorney Judge Prosecutor

  49. Powers of the Prosecutor • Conduct final screening of case • Decide to charge person with crime

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