CJ 207 Project One Template
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School
Southern New Hampshire University *
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Course
207
Subject
Political Science
Date
Dec 6, 2023
Type
docx
Pages
4
Uploaded by ChancellorLightningFly24
CJ 207 Project One Template
Complete this template by replacing the bracketed text with the relevant information.
The Court System
Relationship Among the
Three Courts
Checks and Balances
Relationship of the
Supremacy Clause and
Federal Superiority Rule to
the Courts
The United States has a dual
court structure. The federal
court system and the state
courts. The federal court
system has three tiers: district
courts, courts of appeal, and
the Supreme Court
(Hemmens, Brody, Spohn,
2019). The district court is
the trial court. Within limits
set by Congress and the
Constitution. They have
jurisdiction of federal civil
and criminal cases. The court
of appeal hears appeals from
lower courts of both civil and
criminal trails, however, does
not investigate the facts of a
case. Its whether or not the
law has been fairly applied.
The Supreme Court of the
United States is the highest
and power of the land court.
The state courts pertain state
that implement their own type
of structure. Although state
and federal courts may be
different, they have the ability
to try an offender without
defying the double jeopardy
clause.
The constitution created
checks and balances. This is
three separated branches
legislative, executive and
judicial. Each of these
branches have specific power.
Checks and balances provides
a judiciary that was on equal
footing with and independent
of the legislative and
executive branches
(Hemmens, Brody, Spohn,
2019). Either branch can have
too much power within our
country this is known as the
separation of power.
The United States
Constitution is referred to the
Supremacy Clause. It
establishes that the federal
constitution, and federal law
take priority over state laws
and even with state
constitutions. The federal
superiority prohibits states
from interfering with the
federal governments exercise
of its constitutional powers.
From any functions that are
exclusively entrusted to the
federal government.
Functions and Responsibilities of Various Members
Members
Functions
Responsibilities
Judge
Are public officers authorized by
law to her legal disputes,
administer the law, and preside
over courts of justice (Hemmens,
Brody, Spohn, 2019). They listen
to arguments and determine if the
evidence presented deserves a
trail.
Judges safeguard both the rights
of the accused and the interests of
the public in administration of
criminal justice. They Read and
evaluate information from
documents such as motions,
claim, applications, and records.
Also, they preside over hearings
and listed to and read arguments
by opposing parties. Judges
determine if the information
presented supports the charge,
claim, or dispute. They apply laws
or precedents to reach judgments
and resolve disputes between
parties. Additionally, they set
conditions for defendant upon
trial and/or after trail. Judges will
approve warrants and arrest
warrants. Lastly, they instruct
jurors on applicable laws and
direct them to consider the facts
from the evidence given.
Prosecutor
Seek to protect the innocent and
convict the guilty. They act as a
legal representative of a victim of
a crime.
Decides who will be charged,
what charge will be filed, who
will be offered a plea bargain, and
the type of bargain that will be
offered (Hemmens, Brody, Spohn,
2019). They present evidence
designed to prove that the
defendant is guilty beyond a
reasonable doubt to the judge or
jury and argues for the
defendant’s conviction
(Hemmens, Brody, Spohn, 2019).
Also, they may recommend to the
judge of the sentence the offender
should receive. They appear
before the appellate court to argue
that the conviction should not be
overturned.
Defense Counsel
The Sixth Amendment to the
U.S. Constitution states, “In all
criminal prosecutions, the
accused shall enjoy the right to
have the assistance of counsel for
Defense Counsel will Fight for the
defendant in the court of law.
Entitled to be present during the
police’s interview. May request
the police to take investigative
Roles of Various Courts
Local Appeals
Courts
State Appeals
Courts
Federal Appeals
Courts
Special Courts or
Problem-Solving
Courts
A Local Appeal Court
serves as a general
appeal court having
authority within a
country. Depending
on the matter that is
tried, the justices
consider each
decision issued
mostly by trail judges
from different
department. Since
this court is based by
regional differences
there is only one
court system that has
jurisdiction over it.
The State Appeals
Court handles the
majority of legal
matters as the main
function. The
supervise in the
following: property
sales, purchases,
traffic violations,
divorces, wills, and
estate distribution.
The three tiers of
courts are: the trial
court, one appellate
court, and one
supreme court.
The Federal
Appeals court of
thirteen has
exclusively hear a
case from many
distinct courts out
of 94 districts.
This is based on
jurisdiction
because of the lack
of jurisdiction.
They never try to
hear matters from
state courts. There
are three main
districts that are
covered in the
Federal Appeal
Courts are
Pennsylvania,
Delaware, and
New Jersey.
The similarities between
special courts and
problem- solving courts
is how they both address
issues with narcotics,
domestic violence,
reentry into the country,
and veteran treatment.
Problem-solving courts
offer second chances for
minor offense or
disruptions.
Jurisdictions
Military Courts
Native American Courts
Military courts are authorized by Article I of
the U.S Constitution. This type of court has
jurisdiction over cases involving military
service members and, in some cases, even
retired service members. This systems
procedures are efficient and ensure swift and
certain decisions and troop punishments.
The Native American Courts are empowered
to resolve conflicts and disputes arising from
within a tribe’s jurisdictions and to enforce
tribal law. Tribes maintain sovereign authority
to determine and control their own justice
systems. The U.S. Congress authorized these
states to have criminal jurisdiction over all
offenses involving Native Americans on tribal
lands. Also, Congress authorized state courts
with jurisdiction in civil cases.
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References:
Hemmens, C., Brody, D. C., & Spohn, C. (2019).
Criminal Courts: A Contemporary Perspective
(4th ed.). SAGE Publications, Inc. (US).
https://mbsdirect.vitalsource.com/books/9781544338934
U.S. Bureau of Labor Statistics. (2022, September 8).
Judges and hearing officers: Occupational
outlook handbook
. U.S. Bureau of Labor Statistics. Retrieved January 29, 2023, from
https://www.bls.gov/ooh/legal/judges-and-hearing-officers.htm#tab-2
Military law - military criminal justice system
. Military Criminal Justice System - Court, Martial,
Courts, and Judge - JRank Articles. (n.d.). Retrieved January 29, 2023, from
https://law.jrank.org/pages/8564/Military-Law-Military-Criminal-Justice-System.html
Native American Tribal Courts
. Ballotpedia. (n.d.). Retrieved January 29, 2023, from
https://ballotpedia.org/Native_American_Tribal_Courts