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Assignment 3 – Chapters 7-9
Writing 7.2: Federal & State Court Systems (20 points)
Name, define, and discuss three levels within the federal courts and three levels within Florida state courts. Discuss how a state case gets to federal courts.
The three levels in the federal court system are U.S. supreme court, U.S. courts of appeals, U.S. District courts.
The United States district courts are the trial courts. This is where all federal cases are tried. In the United States there are 94 federal judicial districts. Each district court has at least one United States district judge, appointed by the president and confirmed by the senate for a life term.
The courts of appeals once the federal district court has decided a case, the case can be appealed to a
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There are five different goals of criminal sentencing, and different types of sentences are designed to meet different goals. The goals are:
Retribution punishment inflicted on someone as vengeance for a wrong or criminal act.
Incapacitation sentencing philosophy is the effect of a sentence in positively preventing (rather than merely deterring) future offending. Imprisonment incapacitates the prisoner by physically removing them from the society against which they are deemed to have offended.
Deterrence punishment is a threat to deter people from offending. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Rehabilitation The process of rehabilitating a witness involves restoring the credibility of the witness following Impeachment by the opposing party. Rehabilitating a prisoner refers to preparing him or her for a productive life upon release from prison.
Restoration Restorative justice is based on bringing together the victim, the offender, and the community; all have equal parts in repairing the relationships destroyed by
Whenever a law case is issued, Trial Courts are always the first court people would have to go through. The U.S. District Courts are the Federal Trial Courts. As the lowest level of the Federal Court System, The U.S. District Courts take care of most of the Federal cases. The State of California courts is called the Superior Courts. Similar to the U.S. District Courts, Superior Courts heard most of the State cases (Superior Court of California).
How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it
Similarly to rehabilitation, restoration looks to better society, however, this approach to justice emphasises the needs of the victim. In cases of minor crimes such as vandalism or petty theft, restoration is preferable to rehabilitation. This is because those who commit these minor crimes often don’t have the need for rehabilitation as mental health isn’t a large concern. In these small cases, it is also not burdensome to compensate for the losses of the victim, making restoration the ideal
The Supreme Court is the highest level of the United States Court System. Like all courts, the cases must be based off of actual, concrete disputes. Abstract, hypothetical cases are not accepted. Each case is made up of the plaintiff (Suing) party, and the defendant (Suee? Not the hog call, the one being sued) party, a judge to preside over the session, and the jury of unbiased citizens to decide the fate of the case (Edwards, 505). Unlike many courts, the Supreme Court is limited in the nature of the cases that it can have original jurisdiction over. The U.S. Supreme Court only has original jurisdiction in cases involving foreign
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
“Due to federalism, both the federal government and each of the state governments have their own court systems ("Comparing Federal & State Courts").” “State court systems vary from state to state, and each is a little different ("State Courts vs. Federal Courts", 2015). The American Court System consists of state courts and federal courts; they are two types of courts we have in our country. Although both courts have similar aspects, there is also many differences between the two courts.
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
Each state has a supreme court. The federal U.S. Supreme Court is the highest level of the court systems. This is an individual’s last resort when trying to appeal their case. “Similar to appellate courts, they examine legal issues involved in specific criminal cases, and they have the power to order new trials in situations where the errors of the lower courts were so significant that the defendant may not have received a fair trial” (Wright, 2012). The state supreme courts can handle cases that deal with the constitutionality of state laws. The state supreme court has the authority to overturn these cases if they are found to violate the constitution. Unlike the state supreme courts, “the federal U.S. Supreme Court can overturn laws that were created by Congress or by any state” (Wright,
Rehabilitation is another objective of sentencing. Rehabilitation is different from incapacitation and deterrence in that it does not always involve getting put behind bars. An offender may receive a sentence of rehabilitation where they are released back into society to complete a community based sentence (Goff, 2014 p.296).
Incapacitation is known as preventing an offender the power to commit any crimes in society by confining them in prison. If the offender seems most likely to commit further crimes they will receive a heavier sentence. A person who committed a murder on impulse for example would probably be given a minor sentence. The idea of incapacitation focuses on the criminal record and the type of crime committed to indicate if the person will most likely commit the crimes again. Incapacitation helps keep criminal offenders away from society.
Deterrence suggests that people are “deterred” from a crime by the threat of punishment. In other words, people won’t commit a crime if the ramifications that were to follow are so severe. Deterrence comes in two flavors, specific and general. Specific deterrence refers to the “threat of punishment” being directly aimed towards a particular individual who has already committed the crime through actually experiencing the punishment first hand. An example of this may be, being convicted of a crime and as a result being sentenced to so many years in jail or prison. However, in order for it to be successful, the “previously ...
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.