Courts and Criminal Justice in America,
ST
Updated Edition – 4th Edition
UV
MANUAL & TEST
IA
_A
BANK
PP
RO
Larry J. Siegel
VE
Comprehensive Manual and Test Bank for
D?
Instructors and Students
??
© Larry J. Siegel
All rights reserved. Reproduction or distribution without permission is prohibited
©STUDYSTREAM
, Contents
To the Instructor iv
ST
Syllabi v
Chapter 1: Legal Foundations 1
Chapter 2: Who Controls the Courts? 13
Chapter 3: Federal Courts 28
UV
Chapter 4: State Courts 44
Chapter 5: Juvenile Courts 58
Chapter 6: Specialized Courts 70
Chapter 7: Judges 79
Chapter 8: Prosecutors 94
IA
Chapter 9: Defense Attorneys 108
Chapter 10: Defendants and victims: Their Roles and Rights 120
Chapter 11: Pretrial Procedures 131
_A
Chapter 12: Plea Bargaining and Guilty Pleas 147
Chapter 13: The Jury and the Trial 157
Chapter 14: Sentencing, Appeals, and Habeas Corpus 169
Chapter 15: Differential Treatment and Wrongful Convictions 184
Chapter 16: Technology, Alternatives, and the Future 197
PP
Test Bank 000
RO
VE
D?
??
iii
Copyright © 2021 Pearson Education, Inc.
, Chapter 1
Legal Foundations
ST
CHAPTER OVERVIEW
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
UV
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 distinguishing criminal and civil law are concepts discussed
in depth in this chapter.
CHAPTER OBJECTIVES
IA
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.
_A
4. Explain the nature of disputes.
LECTURE OUTLINE
COURTS AND THEIR IMPORTANCE
PP
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 most important
functions of the court system. Keep the cards during the semester. Return them to students and
RO
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.
• Generally found in the judicial branch, as opposed to legislative and executive
branches of government.
VE
• Empowered to make binding decisions-adjudications.
Courts in American Government
• Why government courts?
D?
o Growth of larger societies shifted law enforcement from a private affair to a
public or governmental one.
o Conflicts need to be resolved in a formal process.
• Dual court systems separate federal and state courts:
??
o Ours acting as a system of cooperative federalism.
o Can promote complications and confusion.
o At each level there is district court hierarchy.
1
Copyright © 2021 Pearson Education, Inc.
, o States have limited jurisdiction courts.
o Federal and state systems have appellate courts.
• Functions of the court system in a hierarchical jurisdictional way.
ST
Functions of the Court System
• Upholding the law.
• Protecting individuals.
UV
• Resolving disputes.
• Reinforcing social norms.
LEGAL BASIS FOR THE COURTS
IA
• Religious Judeo-Christian values had a key role in the evolution of American
government.
• Criminal justice began with the Declaration of Independence.
_A
Early Legal Codes
• Code of Hammurabi.
• Twelve Tables.
• Signaled the emergence of formalized “law.”
PP
Common Law and Precedent
• 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.
RO
• Precedent refers to some prior action that guides current action.
o Judges decisions were “guided” by earlier decisions.
• 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.
VE
Modern Legal Codes
• Differ from early legal codes.
• Exist at different levels of government.
D?
• Several different forms.
• Do not exist just to prohibit criminal conduct.
Administrative Regulations
??
• Rules promulgated by government agencies.
• Authority given by executive and legislative branch.
2
Copyright © 2021 Pearson Education, Inc.
ST
Updated Edition – 4th Edition
UV
MANUAL & TEST
IA
_A
BANK
PP
RO
Larry J. Siegel
VE
Comprehensive Manual and Test Bank for
D?
Instructors and Students
??
© Larry J. Siegel
All rights reserved. Reproduction or distribution without permission is prohibited
©STUDYSTREAM
, Contents
To the Instructor iv
ST
Syllabi v
Chapter 1: Legal Foundations 1
Chapter 2: Who Controls the Courts? 13
Chapter 3: Federal Courts 28
UV
Chapter 4: State Courts 44
Chapter 5: Juvenile Courts 58
Chapter 6: Specialized Courts 70
Chapter 7: Judges 79
Chapter 8: Prosecutors 94
IA
Chapter 9: Defense Attorneys 108
Chapter 10: Defendants and victims: Their Roles and Rights 120
Chapter 11: Pretrial Procedures 131
_A
Chapter 12: Plea Bargaining and Guilty Pleas 147
Chapter 13: The Jury and the Trial 157
Chapter 14: Sentencing, Appeals, and Habeas Corpus 169
Chapter 15: Differential Treatment and Wrongful Convictions 184
Chapter 16: Technology, Alternatives, and the Future 197
PP
Test Bank 000
RO
VE
D?
??
iii
Copyright © 2021 Pearson Education, Inc.
, Chapter 1
Legal Foundations
ST
CHAPTER OVERVIEW
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
UV
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 distinguishing criminal and civil law are concepts discussed
in depth in this chapter.
CHAPTER OBJECTIVES
IA
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.
_A
4. Explain the nature of disputes.
LECTURE OUTLINE
COURTS AND THEIR IMPORTANCE
PP
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 most important
functions of the court system. Keep the cards during the semester. Return them to students and
RO
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.
• Generally found in the judicial branch, as opposed to legislative and executive
branches of government.
VE
• Empowered to make binding decisions-adjudications.
Courts in American Government
• Why government courts?
D?
o Growth of larger societies shifted law enforcement from a private affair to a
public or governmental one.
o Conflicts need to be resolved in a formal process.
• Dual court systems separate federal and state courts:
??
o Ours acting as a system of cooperative federalism.
o Can promote complications and confusion.
o At each level there is district court hierarchy.
1
Copyright © 2021 Pearson Education, Inc.
, o States have limited jurisdiction courts.
o Federal and state systems have appellate courts.
• Functions of the court system in a hierarchical jurisdictional way.
ST
Functions of the Court System
• Upholding the law.
• Protecting individuals.
UV
• Resolving disputes.
• Reinforcing social norms.
LEGAL BASIS FOR THE COURTS
IA
• Religious Judeo-Christian values had a key role in the evolution of American
government.
• Criminal justice began with the Declaration of Independence.
_A
Early Legal Codes
• Code of Hammurabi.
• Twelve Tables.
• Signaled the emergence of formalized “law.”
PP
Common Law and Precedent
• 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.
RO
• Precedent refers to some prior action that guides current action.
o Judges decisions were “guided” by earlier decisions.
• 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.
VE
Modern Legal Codes
• Differ from early legal codes.
• Exist at different levels of government.
D?
• Several different forms.
• Do not exist just to prohibit criminal conduct.
Administrative Regulations
??
• Rules promulgated by government agencies.
• Authority given by executive and legislative branch.
2
Copyright © 2021 Pearson Education, Inc.
