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Lecture 3

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HIST 3850
Patrick J Connor

HIST Lecture 3 Fri Sept 27, 2013 The Justice System in the USAand Canada Settlement ofAmerican colonies 1600s/1700s • 13 colonies settled by religious and merchant groups • MA, CT, Maryland those who fled persecution in England: refugees • MA: protestants who practiced strict moral code, common among rest • Virginia and NC: indentured servants • Georgia: act of English parliament in 1730 – exile convicted criminals. Late 1700s England usedAustralia and Georgia before. • Diff foundations, social makeup and economies o MA: early econ – shipping/fishing o VA: production of tobacco – fines expressed in pounds of tobacco; official unit of exchange o PA: wheat and livestock farming, similar economies and societies to ON o N/S Carolina: rice farming • Differences in population o 1660s – enslaved africans forcibly brought to mainland colonies to work land of southern white farmers; eventually all southern colonies used slaved labour o sugar growing islands like Jamaica, others to mainland o 12 million slaves imported into new world; only 600K sent to 13 colonies • Mainland o Slaves began to reproduce themselves; 1730s –African salve pop became self sustaining o Didn’t occur on Caribbean islands – high death rate o Replenished by importing new slaves fromAfrica o ContinentalAmerica – 1750s after a century of slave trade; 30-40% of pop of salves picked up o 1760: around VAand Maryland – 312K white and 189 black o NS Carolina, Georgia 119 white and 94 black o South Carolina 36K white 57K black HIST Lecture 3 Fri Sept 27, 2013 o North: much harsher environment less dep on slaves, orig relied on indentured labour, labour dep on convicts transported intoAmerica for 7-14 yr terms • Slavery existed in colonial Canada and US o NS, QC, ON – climate doesn’t allow fro large scale plantation farming – economically slavery didn’t make sense o Most slaves arrived as prop of wealthy – worked as house servants • US emerged out of diff struggles among diff colonies with diff relations to Brit colonial power • What linked 13 colonies o Shared common language which we don’t in Canada o Similar geography and pop o Didn’t have opposition to arbitrary British rule: shared distrust of powerful central govts o When they came together in 1775 to rebel against British rule and 1780s to frame Constitution – agreed that they distrust central poli authorities – rebel against it. Maintain control of poli affair of individual states. Ended up retaining ctrl of judiciary and crim law. Fought civil war over each states independent judicial system. o Sometimes outcomes of cases decided by states or federal. Conduct based on US constitution. Each state with own crim justice system with rules but must follow basic rights set out in fed constitution. Political System of USA A) House of Reps – 435 rep by pop every 2 years. CA: same B) Senate – 2 per state regardless of pop, 100 total, every 6 years. CA: not elected but appointed; regional rep 108 Senators of which ON: 24. Set up this way to ensure minority taken into account. C) Exec a. Congress i. Pres ii.Cabinet b. Not members of House – not publically accountable in same way our PM is who is member of House of Commons – MP with local const. USA Prez doesn’t rep particular riding. PM just needs to govern that members HIST Lecture 3 Fri Sept 27, 2013 of his party are in majority in house of common. Prez could also work with House of Rep and Senate who are dominated by opposing party. D) Veto – Prez overrides any legislation passed by Congress – it can resubmit legislation but needs 2/3 majority rather than 50% majority E) States F) Criminal Codes • Every state has own code and procedure. Ex. TX until 1973 men could shoot wife’s lover. Some have death penalty others don’t. • Most serious crimes are felonies. Equivalent to indictable offences in Canada. • Misdemeanors = summary offences (city or regional jail rather than penitentiary) • Canada: arrested by police who have first gone before magistrate who issues warrant. • USA: diff levels of police – 75% municipal and town, county sheriffs in rural areas (3K) – in all states except RI and Hawaii they are elected; 2- 10 officers per area. Sherriff cant be removed by city council or mayor. • Each individual state has police force- hwy traffic regs • Federal agencies: FBI est by act of congress 1908 to only enforce federal law NOT state crim law. Involved in muders where civil rights violations of those involving federal cases. If offence involves +1 state. • After arrest – appear before magistrate or judge, formally charged, granted or denied bail within 24 hours in CAand 48 hours in USA • Federal case: grand jury meets to decide if theres enough evidence, CA: prelim hearing • If likelihood of conviction – pursue trial • Grand jury isn’t trial jury – only prosecutor presents evidence. Keep a limit on prosecutors and ensure they don’t abuse powers. Way for defence to see what evidence there is. • When grand jury gives approval charges read out to you and enter plea of guilty or not; trial date set. Same in CAand USA • Where trial takes place dep • State system HIST Lecture 3 Fri Sept 27, 2013 i. Most common: state level trial courts or those of lim jurisdiction – city courts, municipal, magistrate (90% of all courts in USA) ii. Trial courts of gen jurisdiction – murder crimes, hear appeals iii.Court of appeal in all states: State Supreme Courts: highest jurisdiction in matters re: state law. Error made during trial in application or interpretation of law or if indiv state constitutional rights violated. iv. State judges are mostly elected by popular vote. 1970 82% of judges elected. Dropped since then. v. Judges who tried capital cases elected mostly for 12 yrs • Federal court system • Federal district courts est 1789 • Each state has at least one • Courts grow with pop: CA, NY, TX have four each • Each district has more than 1 fed elected judge • 677 federal judges in USA • Federal district courts: witness hear evidence, jury decides on verdict, also possible to have trial before judge alone • Fewer than 2% of all crim cases deal with jury • Federal grand jury convened; evidence pres to them by US attorney = state district attorney (CA: Crown attorney) – decide if it meets threshold to proceed to trial • Court of appeal: Circuit Courts • 9 est in 1981, now 13 in spec geo area incl chunks of states • originated in lower district courts • 168 fed appeal court judges appointed by US attorney general after being appointed by president. Also political process: made on recommendation of state senators. • Federal jurisdic
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