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Role of the courts in the criminal justice system
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There are two primary roles played in the criminal justices system, adjudication and oversight. To first understand how these are two primary roles in the justice system, then a clear definition of each term is needed. Adjudication is defined as “one of the two key roles of the criminal courts; to process defendant who have been arrested by the police and formally charged with criminal offenses” (Hemmens, Brody, & Spohn, 2013). On the other hand, oversight is “an important function of courts, particularly appellate courts. The process of reviewing the decisions of lower courts and of criminal justice official to endure that proper procedures were followed and that neither laws nor constitutional provisions were violated” (Hemmens, Brody, & Spohn, 2013).
Adjudication is used to process defendants who have
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already been arrested by officers and charged with some sort of criminal offense in which prosecutors decide how and who should be charged and brings the defendant into a state court to present their case. The judge and jury of this court then decides, according to the law, if the defendant is accountable for a crime and if convicted of one, how they should rule the sentence. Other important figures in the adjudication role are the law enforcement and correctional officers since police bring in the defendant and the correction officers make the postsentencing decision that will affect the offender’s punishment. To reiterate, however, it is the still court that can only make the appropriate and legal punishment. Another ideal to consider with adjudication is it is considered the most common court function in the U.S. court systems; this is because there are multitudes of trial courts and criminal defendants that have to be processed rather than filed appeals. The second primary role is oversight that is particularly used in the appellate courts and with the entire criminal justice system.
First of all, for cases that are appealed at a high level, the appellate courts then decide how the case was handled at the lower level, meaning these courts can decide if the procedures such as selection of the jury was correct or if the defendant was either denied or granted assistance of counsel. Another decision that is made by these courts is if a trial is appealed months or years later, the appellate court then influences what can happen to the case or what should have occurred at the lower leveled courts; this ideal and decision is core of oversight in courtrooms. Also, appellate courts can oversee any action of criminal justice officials, this means they can see if the behavior of court actors, such as police officers, prosecutors, defense attorneys, etc., complies or violates any laws or requirements. Therefore, this function of the appellate courts, such as with the U.S. Supreme Court, can monitor and tell court actors how to act is one of the very important fundamentals of oversight in the criminal justice
system.
One of the Judicial Branch’s many powers is the power of judicial review. Judicial review allows the Supreme Court to decide whether or not the other branches of governments’ actions are constitutional or not. This power is very important because it is usually the last hope of justice for many cases. This also allows the court to overturn lower courts’ rulings. Cases like Miranda v. Arizona gave Miranda justice for having his rules as a citizen violated. The court evalutes whether any law was broken then makes their ruling. Also, the Weeks v. United States case had to be reviewed by the court because unlawful searches and siezures were conducted by officers. One of the most famous cases involving judicial review was the Plessey v. Ferguson
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
Holten, N. G. & Lamar, L. L. (1991). The Criminal Courts Structures, Personnel, and Processes. Florida: McGraw-Hill, Inc.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
The second component of the criminal justice system is the court system. They court system is composed of lawyers, judges, and juries. Their job is to insure that everyone receives a fair trial, determine guilt or innocence, and apply sentences on guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed. Even though the jury makes the recommendation for the sentencing of the crime, the judge will follow pre-determined sentencing guidelines to make a final decision.
On top of justice is being done, we need to look at the functions of
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
The judge is essential to the courts as are prosecutors and the attorneys of defense. The text states these are the three key actors of court if either one of the three are not present court will not proceed to session (Walsh and Hemmens, 2014: 104). In this essay I will discuss the three ways in which judges are selected, the advantages and disadvantages of the three methods used, and which selection method is most equitable.
Welch, Casey, and John R. Fuller. 2014. American criminal courts legal process and social context. Boston, Mass: Anderson Publishing/Elsevier. http://www.contentreserve.com/TitleInfo.asp?ID={87D1EF0B-F44D-42C6-8A8F-F46D5BACCB4F}&Format=50.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
In the American Criminal Justice System, there are four key attributes in the role of the prosecutor. There are discretion, resource dependence, sequential tasks, and filtering. The prosecutors are lawyers that are accountable for presenting criminal cases in trial. The United States Attorneys are pointed by state or government, and represent the federal government in courts. They prosecute all adults who commit felonies and juveniles who commit delinquent crimes. Conjointly, the prosecutors have further responsibilities, such as legal adviser of the country commissioners, the Board of Elections, and written admonition of the prosecutors.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
The common problem with informal leadership positions is that they are often characterized by a high-level of responsibility for results with little to no authority over the people doing the work (Lewis, 2011, p. 112). For DCAA senior auditors, the role of lead auditor matches this scenario perfectly. The lead auditors in a DCAA audit engagement teams lacks the authority and influence on how audits are conducted because of its organizational structure. DCAA field audit offices (FAOs) are organized as a “weak matrix organizational structure”.