Monday, May 20, 2019
Court History and Purpose Essay
AbstractThe address represents the collective conscience of society, serving as an instrumentate for expressing the revulsion people feel for those who commit break a centeringicularly heinous crimes (Siegal, Schmalleger, & Worrall, 2011). This paper will discuss the memoir of court and its purpose. It will excessively define the dual court placement. It will describe the role that former(a) legal decrees, the common law, and precedent played in the development of courts. It will identify the role of courts in present execrable justice.The Purpose of CourtThe purpose for court is simply to find guilt or innocence in someone who has been charged of a crime or to settle disputes in civilised matters. Such matters must have the legal authority of a judge to be considered a court. In m each courts the adversary process is used, allowing both sides to give any evidence, arguments, or persuasion to support their case. A judge or a jury will decide whose case is credible based on t he arguments given. In the past, disputes were handled informally and not in a polite manner. Some people would take matters into their confess hands, which led to violence. In todays society, all matters are handled in a formal and civilized manner.The Dual Court SystemThe legal branch of the U.S. Government is considered a dual court system because it separates the federal court from the state court. The dual system is advantageous and desirable because it parallels federalism, a system of government activity where power is constitutionally divided between a central governing body (i.e., the federal government) and unlike constituent units (i.e., the states) (Siegal, Schmalleger, & Worrall, 2011). The establishment of a dual court system began in colonial period. TheUnited States wanton awayup mandated the establishment of a Federal court system in 1789, when each of the original 13 Colonies already maintained its own comprehensive court system (2013). In federalism, it is required that laws are made by the federal government and the state. Although the dual court system is desirable, it can also cause astonishment between the federal and state courts. This is because some cases can be heard at both federal and state levels, and it can be hard to determine how the case should be handled.The Development of CourtsThe development and influences of the U.S. legal system came along during the time this country was started. In the beginning, religion played a major part in making the laws of the country. The early legal codes played a significant role in the juridic system as well. These legal codes were used back 1760 B.C. One of the most known legal code is the Code of Hammurabi, who was the king of Babylon. The philosophy behind this code is retribution. Other early legal codes came from ancient Rome. The twelve Tables were written in 450 B.C. They were said to be the first written legal code. The Twelve Tables was based on strong retribution, establi shing the eye for an eye theory for justice. Because the early legal codes were considered to be harsh and informal, it was paved the way for the changes of the judicial system to develop a more formal and civilized system.Common law emerged in England during the Middle Ages and was applied within British colonies across continents (2010). Its role gave judges authority to make decisions as they saw fit. There was no legislature or law making process during this time. Judges would also record the decisions, which led to precedent. Precedent refers, generally, to some prior action that guides current action (Siegal, Schmalleger, & Worrall, 2011). In bleak cases, judges could apply precedents in their decision, which is how makes it common law. Common law has been implemented into todays judicial system by following previous courts decisions in cases. It is unlikely that once a judge makes a decision that it will be reversed or changed from precedent.The Present Role of CourtsIn toda ys judicial system, there are two roles involved in courtsadjudication and oversight. Adjudication means that judges decides if a psyche is guilty or innocent when they have been involved in a criminal act. Appellate courts make sure that lower courts are applying the correct laws in court proceedings. Having the appellate courts verify all laws ensures that if any mistakes or incorrect information was given by the judges, they will be held accountable. Courts oversee the operations of criminal justice officials to provide a level of indirect supervision. The appellate courts decide laws that will determine how natural law officers to their job on the street (Siegal, Schmalleger, & Worrall, 2011). Oversight is only necessary when the appellate courts are involved in a decision. If such decisions are publicized, the appellate courts will be involved also. It all depends on the cogency of the incident involve by police officers will it be brought to the courts attention.ConclusionT he judicial system has thus changed over the course of time. History has shown that the development of the judicial system was fathered from England and other ancient heritages that set the innovation of how laws are created and implemented into todays society. More common law is being practiced in many states across the nation. Some of the practices were very informal and retributive, however in todays court system, court proceedings are in a formal and civilized setting.ReferencesSiegal, L.J., Schmallegar, F., & Worrall, J.L (2011). Courts and criminal justice inAmerica. Upper Saddle River, NJ Pearson.The common law and civil law traditions. (2010). The Robbins Collection. RetrievedFrom University of California at Berkeley develop of Law (Boalt Hall)http//www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html Understanding the U.S. court system in a glance. (2013). Retrieved fromhttp//court.laws.com/court-system.