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Previous submitted on here, and this is what I received. Can’t get refund, so just looking for someone to make some sense of this. Can you please just edit this. Here are the original requirements.discuss the American court system. You should include the following in your discussion:
a comparison of the sentencing and court structures of the American
court system,
a description and a comparison of indeterminate and structured sentencing,

a description of the four sentencing options currently employed within the
American sentencing structure, and
provide examples where each would be an appropriate application for
punishment. All sources used must be referenced. Paraphrased and/or quoted materials
must have accompanying in-text citations and references in APA
format.
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American Court System
Thereva Foreman
BCJ2000 Intro to Criminal Justice
Professor Ashley French
19 Feb 2019
American Court System
The American federal court system consists of the district courts (trial court), circuit
courts which form the primary stage of petition, and the Supreme Court of the United States
which is the ultimate petition stage in the federal court system. According to Harding et al.
(2017), the entire federal system is made up of 94 district courts, 13 circuit courts, as well as the
one Supreme Court. The national court system functions in many ways that are different as
compared to other state courts. The basic distinction for public crimes (contrary to illegitimate
crimes) is the suits which may be filed in the centralized system. National courts have a
jurisdiction that is limited meaning they handle lawsuits that are sanctioned by the U.S.
constitution or the national statutes. The federal district court forms only when a lawsuit arises
under the constitution, the national statutes or accords, basically forming the “original
jurisdiction,” Terrill (2013).
The state cases may be forwarded to a national court under the influence on assortment of
the court. It is the diversity influence that permits a complainant of a particular territory to
dossier a suit in a national court while the respondent comes from a distinct territory. In addition,
the respondent may be in a position to request a “remove” from a national law court for a similar
motive (Harding et al., (2017). To file a state law case in a federal court, all complainants are
supposed to be from different states contrary to all the respondents. Also, the “controversy
amount” must be more than $ 75, 000. It is important to note that the rules which apply for
diversity jurisdiction are at times more complex.
Criminal cases fail to brought under diversity jurisdiction. Only illegal trials are brought
to state courts by states. Besides, the national administration may as well bring illegal trials in a
national law court. It is vital to observe that the aspect of “double jeopardy” which prohibits a
respondent to be tried two times for a similar case, Terrill (2013). This principle fails to function
amongst the state and federal administration. For instance, if a state files for a homicide case and
it doesn’t get a verdict, there is a possibility for the federal government under exemptions to
filing concerns against the respondent as long as the act is also prohibited under federal law.
According to Harding et al. (2017), the president nominates the federal judges forming the
Supreme Court “justices” and are then validated with the guidance and accede of the Senate.
Judges can operate for their entire lives, although many quit or go for earlier retirement. Also,
the judges may even be impeached through the House of Representatives as well as the
conviction of the Senate. For instance, in the history of the United States, 14 federal judges have
been denunciated. There is an allowance against an epoch appointment for justices since they are
nominated by the region juries serving for a specified period of time, Schmalleger et al. (2014).
The sentencing comes as the next major decision in the criminal justice system after
conviction. Sentencing involves making decisions concerning punishment. Sentencing decisions
in many ways represent the crux of the justice system. It is at this point that a decision is
determined on what that should be done to, for, with or about a criminal offender. Criminal
sentences involve the imposition of fines, suppression of the community or incarceration,
(Schmalleger et al., (2014). In other cases, a criminal sentence may include a combination of all
the above sentences. In the exclusion of fines as well as short term incarceration in a local jail, a
large number of people receive criminal sentences of imprisonment or probation. An inclusion of
punishments for every sort of offense, including traffic citations, the American judicial system
sentences more than 15 million people each year. For instance, in 2006, among the 1.1 million
people convicted of felonies in state courts, only 41 percent of the population that received a
sentence to prison.
The sentencing options that are currently employed within the American sentencing
structure are imprisonment, fines, death, and in-cases especially on horrific offenses such as
death. After the respondent has been found culpable, he reappearances to court for a sentence.
The judges receive advice as well as succor from several other sources to sentence a defendant.
According to Harding et al. (2017), Congress has defined the minimum as well as maximum
punishments for several crimes which are used by judges to determine a sentence. Also, the
United States Sentencing Commission has also established guidelines that can be used for
sentencing through the recommendation of specific punishments for certain crimes while
undertaking the consideration of some factors. The judge will also consider a pre-sentence tale in
addition to consideration statements gotten from the victims, defendants, and lawyers. The judge
may also deliberate on several mitigating or aggravating factors which include the respondent
having performed a similar crime before, or whether the respondent may have articulated regrets
for the crime or the crimes nature. For instance, death penalties are levied on respondents that are
convicted of principal offenses such as kidnap or murder of a Congressman, the Supreme Court
Justice, the President, genocide, treason or murder, (Schmalleger et al. (2014). Unlike other
forms of punishments, a jury must be involved to decide on whether it is right to impose the
death penalty, Terrill (2013). The Supreme Court views the imposition of death penalties on
those below 18 years during crime or those who are of unsound mind to be “cruel and unusual
punishment” under the constitution of the U.S.
Imprisonment is also a form of sentencing that results in a restriction of an offender’s
freedom through their confinement in prison. Example of an instance when a person may be
confined to jail is while waiting for a trail or a sentence or an offender who has caused a severe
injury such as murder or rape. The court determines the length of imprisonment subject to the
minimum or maximum terms set by the parliament. Schmalleger et al., (2014) asserts that fines
are monetary penalties that are imposed in addition to or instead of another order, with or
without the record of a conviction. Court fines differ from infringement penalties which are the
fixed court amounts. Fines may be imposed on offenders in places of imprisonment. Probation is
where a criminal offender is provided with a period to obey the law and be supervised by a
probation officer instead of being sent to prison. Example of such a case includes stealing or in
case of a minor.
Intermediate sentencing is a model used in the United States which is branded basically
by a choice of the judiciary. This model builds on the belief that the criminals who have been
convicted have a significant likelihood of participating in their restoration especially if such
contribution reduces the time that the criminals will spend in prison. Structured sentencing is
mostly a derivation of the deserts philosophy which cropped up from great concerns with equity,
proportionality as well as social debt (Harding et al. (2017). Some forms of structured sentencing
have been established which includes determinate sentencing which advocates for imprisoned
offenders to be suggested punishing practices unnecessary by the law, mostly founded on
punishment policies that have already passed which mostly forms a basis to be used by judges. It
is similar to a fixed sentence for a set period. Mandatory sentencing orders the detailed sentences
for a certain type of offense or for routine reprobates who are sentenced of a sequence of cases.
The goals for criminal sentencing includes restoration, incapacitation, retribution, and
deterrence. Retribution resembles with deserts model of sentencing. This model advocates that
lawbreakers are always culpable for their deeds. Incapacitation seeks the protection of acquitted
people from reprobates who pose an element of harm to society if not prevented to do so.
Deterrence prevents future illegal activities through an example or a threat of sentencing.
Rehabilitation aims to bring about basic changes in lawbreakers who as well as their behaviors to
reduce the likelihood of chances of criminality in the future. Restoration addresses the damage
that may be done by crime through a victim and the community being made “whole again”
(Harding et al., (2017).
References
Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice.
Cengage Learning.
Harding J., Pamela D., & Mair G. (2017). An Introduction to Criminal Justice. Sage Publishing
Pound, R. (2018). Criminal justice in America. Routledge.
Schmalleger, F., Donaldson, S., Kashiwahara, K., Koppal, T., Chase, S., Brown, A., … &
Marash, D. (2014). Criminal justice today. Prentice Hall.
Terrill, R. J. (2013). World criminal justice systems. Anderson Publishing, Limited.
American Court System
BCJ2000 Intro to Criminal Justice
American Court System
The American federal court system consists of the district courts (trial court), circuit
courts which form the primary stage of petition, and the Supreme Court of the United States
which is the ultimate petition stage in the federal court system. According to Harding et al.
(2017), the entire federal system is made up of 94 district courts, 13 circuit courts, as well as the
one Supreme Court. The national court system functions in many ways that are different as
compared to other state courts. The basic distinction for public crimes (contrary to illegitimate
crimes) is the suits which may be filed in the centralized system. National courts have a
jurisdiction that is limited meaning they handle lawsuits that are sanctioned by the U.S.
constitution or the national statutes. The federal district court forms only when a lawsuit arises
under the constitution, the national statutes or accords, basically forming the “original
jurisdiction,” Terrill (2013).
The state cases may be forwarded to a national court under the influence on assortment of
the court. It is the diversity influence that permits a complainant of a particular territory to
dossier a suit in a national court while the respondent comes from a distinct territory. In addition,
the respondent may be in a position to request a “remove” from a national law court for a similar
motive (Harding et al., (2017). To file a state law case in a federal court, all complainants are
supposed to be from different states contrary to all the respondents. Also, the “controversy
amount” must be more than $ 75, 000. It is important to note that the rules which apply for
diversity jurisdiction are at times more complex.
Criminal cases fail to brought under diversity jurisdiction. Only illegal trials are brought
to state courts by states. Besides, the national administration may as well bring illegal trials in a
national law court. It is vital to observe that the aspect of “double jeopardy” which prohibits a
respondent to be tried two times for a similar case, Terrill (2013). This principle fails to function
amongst the state and federal administration. For instance, if a state files for a homicide case and
it doesn’t get a verdict, there is a possibility for the federal government under exemptions to
filing concerns against the respondent as long as the act is also prohibited under federal law.
According to Harding et al. (2017), the president nominates the federal judges forming the
Supreme Court “justices” and are then validated with the guidance and accede of the Senate.
Judges can operate for their entire lives, although many quit or go for earlier retirement. Also,
the judges may even be impeached through the House of Representatives as well as the
conviction of the Senate. For instance, in the history of the United States, 14 federal judges have
been denunciated. There is an allowance against an epoch appointment for justices since they are
nominated by the region juries serving for a specified period of time, Schmalleger et al. (2014).
The sentencing comes as the next major decision in the criminal justice system after
conviction. Sentencing involves making decisions concerning punishment. Sentencing decisions
in many ways represent the crux of the justice system. It is at this point that a decision is
determined on what that should be done to, for, with or about a criminal offender. Criminal
sentences involve the imposition of fines, suppression of the community or incarceration,
(Schmalleger et al., (2014). In other cases, a criminal sentence may include a combination of all
the above sentences. In the exclusion of fines as well as short term incarceration in a local jail, a
large number of people receive criminal sentences of imprisonment or probation. An inclusion of
punishments for every sort of offense, including traffic citations, the American judicial system
sentences more than 15 million people each year. For instance, in 2006, among the 1.1 million
people convicted of felonies in state courts, only 41 percent of the population that received a
sentence to prison.
The sentencing options that are currently employed within the American sentencing
structure are imprisonment, fines, death, and in-cases especially on horrific offenses such as
death. After the respondent has been found culpable, he reappearances to court for a sentence.
The judges receive advice as well as succor from several other sources to sentence a defendant.
According to Harding et al. (2017), Congress has defined the minimum as well as maximum
punishments for several crimes which are used by judges to determine a sentence. Also, the
United States Sentencing Commission has also established guidelines that can be used for
sentencing through the recommendation of specific punishments for certain crimes while
undertaking the consideration of some factors. The judge will also consider a pre-sentence tale in
addition to consideration statements gotten from the victims, defendants, and lawyers. The judge
may also deliberate on several mitigating or aggravating factors which include the respondent
having performed a similar crime before, or whether the respondent may have articulated regrets
for the crime or the crimes nature. For instance, death penalties are levied on respondents that are
convicted of principal offenses such as kidnap or murder of a Congressman, the Supreme Court
Justice, the President, genocide, treason or murder, (Schmalleger et al. (2014). Unlike other
forms of punishments, a jury must be involved to decide on whether it is right to impose the
death penalty, Terrill (2013). The Supreme Court views the imposition of death penalties on
those below 18 years during crime or those who are of unsound mind to be “cruel and unusual
punishment” under the constitution of the U.S.
Imprisonment is also a form of sentencing that results in a restriction of an offender’s
freedom through their confinement in prison. Example of an instance when a person may be
confined to jail is while waiting for a trail or a sentence or an offender who has caused a severe
injury such as murder or rape. The court determines the length of imprisonment subject to the
minimum or maximum terms set by the parliament. Schmalleger et al., (2014) asserts that fines
are monetary penalties that are imposed in addition to or instead of another order, with or
without the record of a conviction. Court fines differ from infringement penalties which are the
fixed court amounts. Fines may be imposed on offenders in places of imprisonment. Probation is
where a criminal offender is provided with a period to obey the law and be supervised by a
probation officer instead of being sent to prison. Example of such a case includes stealing or in
case of a minor.
Intermediate sentencing is a model used in the United States which is branded basically
by a choice of the judiciary. This model builds on the belief that the criminals who have been
convicted have a significant likelihood of participating in their restoration especially if such
contribution reduces the time that the criminals will spend in prison. Structured sentencing is
mostly a derivation of the deserts philosophy which cropped up from great concerns with equity,
proportionality as well as social debt (Harding et al. (2017). Some forms of structured sentencing
have been established which includes determinate sentencing which advocates for imprisoned
offenders to be suggested punishing practices unnecessary by the law, mostly founded on
punishment policies that have already passed which mostly forms a basis to be used by judges. It
is similar to a fixed sentence for a set period. Mandatory sentencing orders the detailed sentences
for a certain type of offense or for routine reprobates who are sentenced of a sequence of cases.
The goals for criminal sentencing includes restoration, incapacitation, retribution, and
deterrence. Retribution resembles with deserts model of sentencing. This model advocates that
lawbreakers are always culpable for their deeds. Incapacitation seeks the protection of acquitted
people from reprobates who pose an element of harm to society if not prevented to do so.
Deterrence prevents future illegal activities through an example or a threat of sentencing.
Rehabilitation aims to bring about basic changes in lawbreakers who as well as their behaviors to
reduce the likelihood of chances of criminality in the future. Restoration addresses the damage
that may be done by crime through a victim and the community being made “whole again”
(Harding et al., (2017).
References
Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice.
Cengage Learning.
Harding J., Pamela D., & Mair G. (2017). An Introduction to Criminal Justice. Sage Publishing
Pound, R. (2018). Criminal justice in America. Routledge.
Schmalleger, F., Donaldson, S., Kashiwahara, K., Koppal, T., Chase, S., Brown, A., … &
Marash, D. (2014). Criminal justice today. Prentice Hall.
Terrill, R. J. (2013). World criminal justice systems. Anderson Publishing, Limited.

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