英语国家概况UNITE7.ppt

UNITE 7,The Legal System,Part1 The Court Structure Part2 Criminal Law ,Civil Law ,Court Proceedings Part3 Crime and Punishment,First , Lets learn the part1!,The Court Structure,1) In the judiciary act of 1789,the first congress divided the nation into districts ,an essential principle of division that continues today,2)The current national court structure in the United States ,from bottom to top ,includes district court courts of appeals one supreme court,3)There are currently ninety-four district courts , Each state has at least one district court , and there is one in the District of Columbia and one in Puerto Rico . Large states have more than one,4)There may be one or more judges at each district court. 5)Appealed case will normally go to a US court of appeals in one of eleven judicial circuits in the country.,6)District courts are courts of original jurisdiction , and so , if one violates a federal law , he will be charged in a district court . there are the only national courts that use grand juries and petit juries.,7)There courts have only appellate jurisdiction .They do not use juries , and they have from one to nine judges , all appointed for life by the president with the consent of the Senate.,8)At the top of the hierarchy ,is the Supreme Court , whose jurisdiction is both original and appellate. 9)Whether in national or state courts , decide case ; hey do not prosecute people.,10)Most,states have a hierarchical system as well , ranging from lower courts to a state supreme court . There courts try civil and criminal cases in which state laws are violated.,11)Nearly all cases involving dispute about property divorce murder theft assault or traffic offence are dealt with by the relevant states hierarchy of city,12)The national/federal courts are involved only in matters outside the individual states jurisdiction (such as federal income tax) and in cases arising under the U.S. Constitution.,13)The U.S. legal system is based on Common Law , brought over from England , and on the laws and ordinances passed by state legislatures and by other bodies to which state power has been delegate. 14)Anglo-American Common Law is based on the supposedly reasonable persons view of what is right and fair.,Next , We learn the part 2,Criminal Law ,Civil Law ,Court Proceedings,1)Criminal law involves the punishment of persons who have committed crimes against society ,such as theft or murder.,2)Criminal law protects society by punishing those who have broken the social code.,3)American legal proceedings in both criminal and civil cases are based on the adversary system.,4)As far as civil proceedings are concerned ,they involve civil cases in federal and state courts ,which usually are divided into groups.,5)There are also criminal proceedings ,by which a range of rights and protections for citizens in criminal cases are provided by several Amendments to the U.S. Constitution.,6)Trial by jury is a fundamental tradition in the United States and is guaranteed in indictable (serious) criminal cases ,though it may also be employed in other criminal cases.,7)The trial jury consists of six to twelve ordinary citizens. 8)A unanimous decision is needed in federal criminal cases and in most criminal cases in all states , though occasionally majority verdicts may be allowed in some cases as well.,Finally ,we learn the part 3,Crime and Punishment,U.S. has a high overall crime rate ,both in actual numbers and in comparison with other western countries .much of this is associated with 1)professional crime organizations 2)local street gangs 3)drog dealings,4)Crime is not evenly spread across the country .instead ,it is largely concentrated in urban areas ,especially in big cities .,5)Crime is a serous social problem in the united states .especially in New York ,Philadelphia and Cleveland ,in the past 5 years ,has a rise in violent crime .,6)General speaking ,young people aged 15 to 19 are the most criminally inclined age group ,and social cities fear that is a demographic time bomb that is likely to explode in a crime wave of epic proportions.,7)Eg:only represent a little bit over 12 percent of us population ,and ye account for 35 percent of all convictions for offences ,and receive 74 percent of all prision sentences.,8)Reasons notoriously argue and varied .critics maintain that law enforcement force like the police and the courts are too lenient in their treatment of criminal suspects ad in their sentencing.,9)Blames laid at door of urban slum ,social deprivement ,poverty .bad schools ,lack of educational opportunities ,unemployment ,lack of disciplines ,unstable families ,drops ,organized crimes ,and availability,10)Crime preventions is a difficulty job for all law enforcement official in the united states consider ,in the abilities of the police ,the courts and legilators to cope with crime ,or even adequately and effectively protect citizens.,11)When the governments law enforcement system is absent