Exam 2: An Overview of the Us Legal System
There are two schools of thought regarding the purpose of the criminal justice system-one advocating the crime control model and the other advocating the due process model. How do they differ? Which one do you prefer? Justify your opinions.
This question requires the student to examine the competing value systems underlying the administrative purposes of the criminal process. The two extremes are meant to illustrate the tension between competing interests in the criminal justice system: the government stability maintaining orderly society (crime control) and the individual's right to freedom and protection (due process). The student should be able to identify both of these with appropriate definitions. The student should also see that the crime control model emphasizes repression of criminal conduct, while the due process model rests on the presumption of innocence and holds that individual rights are not to be sacrificed for the sake of efficiency. The crime control model would look at Miranda as a "technicality." Due process model advocates would see this position as one of law enforcement overreach, refusing to recognize the suspect's rights to an attorney and to silence under custodial interrogation. The student should articulate, after defining both schools of thought, which one he or she finds most reasonable and provide good justification. In reality, the criminal justice system is not either extreme, but somewhere in the middle.
When a court decision would have no practical effect, a case is apt to be dismissed for:
C
describes the authority of a court to hear cases first, try them, and render decisions.
Original jurisdiction
The basic purpose of the United States legal system is to ensure fairness in balancing individual and societal needs, while at the same time preventing excessive government power. Some people think balancing these interests has become too complicated and justice has been compromised. What do you think? Please explain your view, giving at least two examples that support it.
Stare decisis is a common law doctrine requiring that_______________ set in one case shall be followed in all cases having the same or similar circumstances.
describes the authority of a court to review cases, and to either affirm or reverse the actions of a lower court.
For an amendment to the U.S. Constitution to be ratified, the percentage of state legislatures or special conventions that must agree is:
Compare and contrast the Due Process Model and the Crime Control Model of the criminal justice system.
A paradigm is a boundary or parameter that outlines a rule and is based on experience.
In a civil case, the party bringing suit is represented by:
After a person is charged with an offense-civil or criminal-sides are drawn, with the accusing side having the burden of proof to establish guilt.
The comparing and contrasting of laws to expand understanding of law and legal theory is known as ___________ law.
The adult criminal justice system emphasizes punishment, while the juvenile justice system emphasizes rehabilitation of the offender. Do you think the rehabilitative emphasis of the juvenile justice system is still valid today? Explain your answer.
Which of the following is not one of the three levels in both state and federal courts?
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