What Are Courts in America for?

What Are Courts in America For?

Lynette Price

CJA 224

8/27/2012

John Pierce

A quote from the first woman to sit on the bench of the United States Supreme Court, Mrs. Sandra Day O’Conner, “The power I exert on the court depends on the power of my arguments, not on my gender”. (BrainyQuotes-2012) The previous quote is also prevalent on today’s television programming where there are seven “courts” during any given 24 hours. Of those seven televisions shows, four of them are presided over by female judges. This shows that the court system in America has evolved from the courts of Colonial America to what it is today, one of justice not of primarily punishment. In this report, the purpose of the American courts as well as the roles of the courts in criminal justice will be shown as it has not become swift but continues to try to bring criminals to justice after all of the appeals have been exhausted.

According to the class textbook, Courts and criminal justice in America, “The court represents the collective conscience of society, serving as an instrument for expressing the revulsion people feel for those who commit particulary heinous crimes. And the courts also serve as an agency of social control, determing which behaviors may be acceptable and which deserve severe sanction”. (Siegel-2011) There are 3 distinctions that show what a court is about according to the current class textbook:

1) To be considered a court, it must have proper legal authority, as spelled out in constitutions or statutes.

2) Courts are generally found in the judicial as opposed to legislative and executive branches of government.

3) Courts are empowered to make decisions that are binding. (Siegel-2011)

The previous definition opens up the type of court system (the dual court system) that is prevalent in America.

“A dual court system’s main purpose is to allow checks and balances between the two entities so all of the power of decision-making isn’t laid upon one...