Module 5: The Courts and Sentencing
Section outline
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This module examines the structure and function of the criminal courts in America. It examines the concept of jurisdiction and describes the dual court system (the federal court system and the various state court systems). This module also examines the role and function of the various courtroom participants–the people who work in the courts. In addition, you will be introduced to policy in the criminal justice system. Policies that can be examined include issues related to juvenile justice, drug legislation, intimate partner violence, prison overcrowding, school safety, new federal immigration laws, terrorism, and national security.
Image description: Courtroom with judge's bench and prosecution and defense tables.
Image credit: "Courtroom," 2023, accessed via https://www.flickr.com/photos/85549619@N00/4312159033; by srqpix is licensed under CC BY 2.0.
Module Learning Objectives (MLO):
Upon completion of this module (Chapters 5 and 6), you will be able to:
5.1 Describe how a crime/criminal case proceeds from the lowest level trial court up through the U.S. Supreme Court. (CLO 1, 3)
5.2 Illustrate the appeals process in the American criminal justice system. (CLO 1, 2, 3)
5.3 Discuss the function and selection of state and federal judges and prosecutors in the American criminal justice system. (CLO 1, 3)
5.4 Discuss the importance of the criminal defense attorney in the American criminal justice system. (CLO 1, 3)
5.5 Examine the five sentencing philosophies in the American criminal justice system. (CLO 1, 3)
5.6 Compare and contrast indeterminate and determinate sentencing. (CLO 4)
5.7 Explain sentencing guidelines, mandatory minimums, and sentencing enhancements (CLO 4)
5.8 Explain the various types of punishments used in the American criminal justice system. (CLO 4)
Module Activities:
To achieve these objectives:
- Read the Module 5 Introduction
- Read Chapter 5 and Chapter 6 in Pressbooks Introduction to Criminal Justice (MLO 5.1, 5.8)
- Complete the Pressbooks Chapter 5 Practice (MLO 5.1, 5.2, 5.3, 5.4)
- Complete the Pressbooks Chapter 6 Practice (MLO 5.5, 5.6, 5.7, 5.8)
- Complete the Module 5 Written Assignment (MLO 5.5, 5.8)
- Complete the Module 5 Discussion Forum (MLO 5.4)
- Complete the Chapter 5 Quiz (MLO 5.1, 5.2, 5.3, 5.4)
- Complete the Chapter 6 Quiz (MLO 5.5, 5.6, 5.7, 5.8)
Module Pressbooks Resources and Activities:You will find the following resources and activities in this module at the Pressbooks website. Click on the links below to access or complete each item.
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Chapter 5: The Courts
This chapter examines the structure and function of the criminal courts in America. It examines the concept of jurisdiction and describes the dual court system (the federal court system and the various state court systems). This section also examines the role and function of the various courtroom participants–the people who work in the courts.
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Chapter 6: Sentencing
In this chapter, you will be introduced to policy in the criminal justice system. Policies that can be examined include issues related to juvenile justice, drug legislation, intimate partner violence, prison overcrowding, school safety, new federal immigration laws, terrorism, and national security.
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