NCJ Number
66995
Date Published
1979
Length
26 pages
Annotation
THIS TEXTBOOK CHAPTER OUTLINES THE JUDICIARY AS THAT BRANCH OF GOVERNMENT WHICH ADJUDICATES LEGAL ISSUES, ADMINISTERS JUSTICE, AND CONSISTS OF LOCAL, STATE, NATIONAL, AND INTERNATIONAL COURT SYSTEMS.
Abstract
DEFINITIONS OF THE DIFFERENT TYPES OF COURTS FOUND IN THE U.S. ARE PRESENTED, WITH SUCH CLASSIFICATIONS AS COURTS OF RECORD OR NOT OF RECORD, COURTS OF SUPERIOR OR INFERIOR JURISDICTION, AND APPELLATE OR TRIAL COURTS. THE LEGISLATIVE PROCESS THAT DEVELOPED THE UNITED STATE'S DUAL SYSTEM OF FEDERAL AND STATE COURTS, HOW THEY WORK, AND OF WHAT THE SYSTEM OF APPEALS CONSISTS AT BOTH LEVELS. THE TRIAL COURT'S PROCESS OF ADJUDICATION IS EXAMINED AS THE MOST IMPORTANT STAGE OF THE ADMINISTRATION OF JUSTICE, WITH CONSIDERATION OF CASE INITIATION, THE PRELIMINARY HEARING, ARRAIGNMENT, THE TRIAL (WITH OR WITHOUT JURY), JURY SELECTION, PRESENTENCE INVESTIGATION, SENTENCING, AND APPEAL. THE NEED FOR CHANGE IN THE JUSTICE SYSTEM IS DISCUSSED AS ARISING FROM THE NATION'S CHANGE FROM AN AGRARIAN TO AN INDUSTRIAL ECONOMY. SEVEN BASIC JUDICIAL REFORM PROBLEMS IN CIVIL AND CRIMINAL CASES ARE IDENTIFIED AND ANALYZED: BAIL REFORM, LEGAL COUNSEL FOR THE POOR ON CRIMINAL AND CIVIL CASES, DELAY IN CIVIL AND CRIMINAL CASES, MASS MEDIA REPORTING ON SENDING CASES, JUDICIAL SELECTION, THE JURY SYSTEM, AND JUDICIAL NULLIFICATION OF LEGISLATIVE AND ADMINISTRATIVE CASES. A SUMMARY OF THE CHAPTER, NOTES, AND TEST QUESTIONS ARE PROVIDED. (MHP)