Historical Development

Only available on StudyMode
  • Download(s) : 545
  • Published : May 11, 2013
Open Document
Text Preview
Historical Development Response
Write a 200- to 300-word response in which you describe the historical development of the U.S. court system. Answer the following questions in your response:

How does the dual court system operate in the United States? •How does the U.S. court system compare to court systems in other countries?

Within the American Criminal Justice System there are two types of courts; the state court which is a state judicial structure. The state court consist of three main levels: trial court, appellate court, and state supreme court; then the federal court system which is a three-tiered structure involving the comprising U.S. district court, U.S. courts of appeal, and the U.S. Supreme Court. Our text suggests, “This dual-court system is the result of general agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control” (Schmalleger,(2011)pp.300-301). However, this dual court system does not intertwine its process, meaning the state court does not get involves with federal law issues, and the federal court does not get involved with state law issues “unless there is a conflict between local or state statutes and federal constitutional guarantees ”(Schmalleger,(2011)p.302). Additionally, the state court systems historical development stems from as early as 1629 when the Massachusetts Bay Colony created the first General Court. The governor, his deputy, 18 assistants, and 118 elected officials were directly involved in the composition. This General court was a combination of a court and a legislature which made laws, held trials, and imposed sentences. By 1639, as the colony grew individual county courts were established, and later the General courts primary job was to take on hearing appeals. “Whereas state courts evolved from early colonial arrangements, federal courts were created by the U.S. Constitution.” (Schmalleger,...
tracking img