Test 3 Notes

Test 3 Notes - Sociology of the Criminal Justice System...

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Sociology of the Criminal Justice System – Test # 3 18:09 Chapter 8: Courts and the Quest for Justice Functions of the Courts Courts have extensive powers in the criminal justice system The court’s legitimacy is based on two factors: o (1) Impartiality o (2) Independent **Four Functions of the Courts: (1) The Due Process Function: o Primary concern was to protect the right of the individual against the power of the state o Protect individuals from the unfair advantages of the gov’t o Right to counsel, right to jury trial and protection from self-incrimination are equalizers (2) The Crime Control Function o Emphasizes punishment and retribution (3) The Rehabilitation Function o Based on the medical model and perceives criminals as patients who require “treatment” (seen as “sick,” not “evil”) (4) The Bureaucratic Function o Concerned with speed and efficiency Jurisdiction: Geographic Jurisdiction: criminal jurisdiction determined by legislation (what’s illegal in one place may not be illegal in another, etc.)
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Federal versus State Jurisdiction o Crime is considered a state and local issue o Federal government has no specific jurisdiction over criminal law o Federal courts do have jurisdiction over about 4,000 crimes o Concurrent jurisdiction (when both the federal or state courts could try the case can both charge the same defendant for the same crime and not violate double jeopardy) State versus State o When concurrent jurisdiction occurs, states must negotiate o Extradition is the formal legal process where one legal authority transfers a fugitive to another legal authority with a claim on the same suspect Multiple Trials International Jurisdiction o Extradition treaties allow nations to extradite fugitives o If no extradition treaty exists, countries can refuse to cooperate o International law has provided the U.S. and other countries with several bases for expanding their jurisdiction across international borders (U.S. can prosecute for an act not committed in their jurisdiction if it is intended to be committed in their jurisdiction) Subject-Matter Jurisdiction o Courts of General Jurisdiction Have no restrictions on the subject matter they may address Deal with the most serious felonies and civil cases o Courts of Limited Jurisdiction Known as the “lower courts” Only allows to handle misdemeanors and minor civil matters The Basic Principles of the American Judicial System
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Trial Courts: Courts of “first instance” Have original jurisdiction Are concerned with questions of fact Appellate Courts: Courts of review Cases can be brought before appellate courts only on appeal Makes decisions on whether the case should be reversed and remanded (retried) Concerned with questions of law (not about facts) The Dual Court System: Comprised of both federal and state courts Both federal and state courts have limited jurisdiction o Federal courts enforce federal statutes
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This note was uploaded on 04/10/2011 for the course SOCL 3371 taught by Professor Raymandberranco during the Spring '09 term at LSU.

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Test 3 Notes - Sociology of the Criminal Justice System...

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