Manual & Test Bank For Courts and Criminal Justice in America, Updated Edition 3rd Edition by Larry J. Siegel

Courts and Criminal Justice in America,
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Updated Edition – 3rd Edition
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MANUAL & TEST
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BANK
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Larry J. Siegel
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Comprehensive Manual and Test Bank for
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Instructors and Students
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© Larry J. Siegel

All rights reserved. Reproduction or distribution without permission is prohibited



©STUDYSTREAM

, Contents

To the Instructor v
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Syllabi vi
Chapter 1: Legal Foundations 1
Chapter 2: Who Controls the Courts? 13
Chapter 3: Federal Courts 28
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Chapter 4: State Courts 45
Chapter 5: Juvenile Courts 60
Chapter 6: Specialized Courts 73
Chapter 7: Judges 82
Chapter 8: Prosecutors 97
Chapter 9: Defense Attorneys 112
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Chapter 10: Defendants and victims: Their Roles and Rights 124
Chapter 11: Pretrial Identification 136
Chapter 12: Plea Bargaining and Guilty Pleas 151
Chapter 13: The Jury and the Trial 161
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Chapter 14: Sentencing, Appeals, and Habeas Corpus 173
Chapter 15: Differential Treatment and Wrongful Convictions 188
Chapter 16: Technology, Alternatives, and the Future 201

Test Bank 216
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, Chapter 1

Legal Foundations
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CHAPTER OVERVIEW
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This chapter introduces the court system and its importance to our system of governance
and the reasons that we have government courts. The legal basis for the American court
system results from early legal codes, common law, modern criminal codes,
administrative regulations, and constitutions (federal and local). Protecting individuals
who come before the courts is essential to our system of justice. Defining and
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distinguishing criminal and civil law are concepts discussed in depth in this chapter.


CHAPTER OBJECTIVES
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1. Explain the purpose and functions of courts and the dual court system.
2. Outline the history and development of law and the courts.
3. Summarize the guiding legal principles underlying the U.S. court system.
4. Explain the nature of disputes.
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LECTURE OUTLINE
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COURTS AND THEIR IMPORTANCE

Teaching Note: Begin your class with a discussion regarding how much background
information that the students have about the courts. This can be an ice-breaker in a new
course and thus put students at ease. Give each student an index card and have them write
the five (5) most important functions of the court system. Keep the cards during the
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semester. Return them to students and discuss with them at the end of the course. They
will be surprised at how much they have learned.

What Is a Court?
 Proper legal authority as spelled out in constitutions or statutes.
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 Generally found in the judicial branch, as opposed to legislative and
executive branches of government.
 Empowered to make binding decisions-adjudications.
 Dual system of federal and states:
o At each level there is district court hierarchy.
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o States have limited jurisdiction courts.
o Federal and state systems have appellate courts.
Courts in American Government

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,  Why government courts?
o Growth of larger societies shifted law enforcement from a private
affair to a public or governmental one.
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 Dual court systems separates federal and state courts:
o Ours acting as a system of cooperative federalism.
o Can promote complications and confusion.
 Functions of the court system in a hierarchical jurisdictional way.
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Functions of the Court System
 Upholding the law.
 Protecting individuals.
 Resolving disputes.
 Reinforcing social norms.
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LEGAL BASIS FOR THE COURTS
 Religious Judeo-Christian values had a key role in the evolution of American
government.
 Criminal justice began with the Declaration of Independence.
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Early Legal Codes
 Code of Hammurabi.
 Twelve Tables.
 Signaled the emergence of formalized “law”.
Common Law and Precedent
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 Emphasizes the importance of judicial decisions.
 Uniformity of judicial decisions came to be known as common law.
 Common law is in contrast of special law enforced in specific villages.
 Precedent refers to some prior action that guides current action.
o Judges decisions were “guided” by earlier decisions
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 Precedent ensured continuity and predictability. Stare decisis, which is
Latin for “to stand by things decided,” is the formal practice of adhering to
precedent.
 Precedents change as the times change.
Modern Legal Codes
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 Differ from early legal codes.
 Exist at different levels of government.
 Several different forms.
 Do not exist just to prohibit criminal conduct.
Administrative Regulations
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 Rules promulgated by government agencies.
 Authority given by executive and legislative branch.
 Eases the burden on executive and legislative branch.
 Can be found in specific statutes.
 At federal level can be found in Code of Federal Regulations.
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Constitutions
 Most significant source of law.


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