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Chapter 5: creation of u.s. government
Chapter 5: creation of u.s. government
Chapter 2 origins of american government
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Our text explains that “Court administration as we know it today grew out of our organization developments of the 1940’s” (Cronkhite, 2013, p. 124). Congress passed an Administrative Office of the Courts Act in 1939, which had a lot to do with the development of the court’s administration. Efficiency was listed as the explanation as the goal as well as the modern management methods within in court system (Cronkhite, 2013). At first glance this assumption would seem plausible, however a simple search of the history of the federal judiciary, listed the landmark legislation along with a more detailed explanation for the Administrative Office of the Courts Act in 1939. It seems that for 150 years the administrative responsibility for the federal courts went from the Treasury Department to the Interior Department, finally to the Justice Department in 1870. In the early twentieth century some of the judges begin to feel that the administrative oversight that was being place upon the courts by the Justice Department had become most ineffective, and in addition posed a risk for interference with the justice process ("History of the Federal Judiciary," n.d., para. 1). There were many proposals and ideas passed around, even the Roosevelt administration’s Judicial Reorganization Bill of 1937, which was ultimately defeated. …show more content…
After the Roosevelt plan was beaten, Chief Justice Charles Evans Hughes, appointed members from the Conference of Senior Circuit Judges to in turn to work with the American Bar Association as well as the Justice Department in the creation of the proposed Administrative Office of the U.S. Courts ("History of the Federal Judiciary," n.d., para. 3). As to why I feel that court administration did not begin until many years after it developed in law enforcement and corrections, simple fact of need.
The courts during the early years were simply not as busy and could handle the case loads better, as time went on and cities grew, so did crime and a growing caseload. Government, whether it’s federal, state, or local, start many projects and or divisions as unfunded mandates. As those divisions increase in size, responsibilities and obtain personnel, budgets, training, benefits, operations, and a need for human resources, a more detailed administration was developed to streamline the
process. The text (Cronkhite) also make mention of the history and use of the many different types of sentencing laws such as determinate sentences, which makes the offender complete a quantified amount of time and the instant that time is completed the offender, is released. The mandatory minimum sentencing law is where the offender that is sentenced of certain crimes has to serve no less than a certain amount of time. In addition, there is the “Three strikes and you’re out” program; this program is based upon those repeat offenders who are constantly being incarcerated for multiple crimes. It gives the offender two opportunities, then on the third time is sentenced to a certain amount of time in the penitentiary (McNamara & Burns, 2009, p. 268-69). These trends were also contributory in the establishment of the (AOC) or the Administrator of the Court (Cronkhite, 2013, p. 125).
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
In Federalist no. 78 Hamilton explains the powers and duties of the judiciary department as developed in Article III of the Constitution. Article III of the Constitution is very vague on the structure of the federal courts. Hamilton had to convince Americans that the federal courts would not run amok. He presented that the federal courts would not have unlimited power but that they would play a vital role in the constitutional government. Hamilton limited judiciary power by defining it as a text-bound interpretative power. (R.B Bernstein) This essay was intended to endorse as well as interpret the Constitution.
federal courts: A content analysis based on agency theory. PhD diss., The George Washington University.
Hall, Daniel E. Administrative Law: Bureaucracy in a Democracy. 5th ed. Upper Saddle River: Prentice Hall, 2012. Print.
USAID FROM THE AMERICAN PEOPLE. (2005). Model Court Initiative Court Administration Reform Intervention Plan Annex 3.5 - Case Backlog Reduction/Purging Plans . Retrieved from http://www.usaidjsdp.ba/old_page/en/dokumenti/3%20Intervention%20Plan/Annex%203.5%20-%20Case%20Backlog%20Reduction%20Purging%20Plans.pdf
In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a Supreme Court with appellate civil jurisdiction, the court of appeals, a large number of district, county and justice of peace courts and authorized the legislature to create further courts as necessary. Overtime, the legislature added a number of layers to the judicial system creating a vast and complex judicial system with numerous overlapping jurisdictions between courts. Due to the complicated nature of the current judicial system in Texas, this paper will start by giving a brief explanation of the structure of the current judicial system in Texas and will move on by identifying some strengths and weaknesses in the current system and the need for reforms, present numerous proposed reforms and analyzes why the proposed reforms failed.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
Legal codes in the judicial system is the key distinction between the civil law and common law tradition. It is the supreme source of justice in a society and is meant to provide the common good for a society. Whether or not a country is governed by a civil or common law code greatly influences the role of the judiciary system. Including the presence and role of judicial review. Given these points, civil law clashes with the theory of individualism, therefore this tradition could not work in the American system. Civil law is markedly inflexible because it is difficult to update common law to change with the times. Until relevant criminal charges are laid out or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
In particular, Gallas-himself a former court administrator-thinks that what judges and administrators do within courts is insufficient to explain case processing differences; as he states it, the "local legal culture pervades the practice of law and the processing of c...
Same as with the history with state-base justice, there is a lengthy history, but for the purpose of this paper, it will
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Criminal and Juvenile system can be complex for many people who do not understand how the system can work. Juvenile Justice would be concentered an important aspect to the American system. The system is in place to ensure or deter delinquencies from entering the adult structure. This paper examines the criminal justice system throughout history, juvenile versus criminal system, transition from juvenile to criminal justice, and the effectiveness of the justice system.