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Importance of the supreme court
Importance of the supreme court
Special role of the judiciary in American politics
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Are due process and the courts fair? How fair are the courts? Can they be trusted to give a fair outcome? In the past, our Founding Fathers and ancestors built and fought for this country with their blood, sweat and tears, and this country, its Constitution, and its beliefs were built upon the Bible. Among many new and different ideas in the formation of the government in this new country were branches of government, two political and one judicial. The judicial branch, as you may or may not know, is the Supreme Court of the United States. That, although it is the single judicial branch, is, arguably, the most necessary branch, because it is meant to keep the other political branches in check and answer questions not to be answered by politics. …show more content…
Just recently, a Justice died, the late Justice Antonin Scalia, leaving a seat open in a now divided and even Supreme Court, which has been busy lately, turning out more liberal verdicts on things like abortion and gender identity while deadlocking on others such as President Obama’s immigration policy and healthcare. Another controversy was Congress blocking President Obama’s appointment to the Supreme Court (Judge) Merrick Garland to replace the late Antonin Scalia purely for political reasons. That’s not all: Justice Hugo Black, whom I mentioned earlier, was a member of the Ku Klux Klan, but there had been insufficient proof at the time of his appointment, so Congress confirmed him to the Supreme Court. He (Justice Hugo) later remarked that he joined and then resigned before his term in the Senate, vowing that he would not get involved with them again, and reassuring the public of this in the case of Chambers v. Florida, where he ruled in favor of African-American defendants who experienced violations of due process, as well as ruling segregation unconstitutional in the case of Brown v. Board of Education, where Thurgood Marshall, later to be appointed to the Supreme Court, represented the
It is simple to be confused by the federal court judges and their decisions and how they go about them and how they are in their position. Personally, I always thought they were elected by the Supreme Court or someone or something higher than them. But I was very surprised to know that they were appointed (assigned a job or role to). This leaves the judges from having to go through a process of campaigning and running against others. Although by being unelected officials it has both pros and cons. Pros being, that they are trusted enough to handle cases that go to this point and being able to make a decision under the law to better the society. Cons being, if a federal court judge makes any misdemeanor or crime they have the ability to be impeached
One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control; the Swiss police had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the evidence to the judge. The only problem is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedoms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two systems of justice are generated in democratic traditions.
Texas politics is an interesting ecosystem of power, rules and regulations. Of course, in typical Texas fashion, most of the politics we engage in we do our own way. From governors who stay in office for a decade to our extremely diverse demographics, Texas is extremely unique. This uniqueness of course comes with its critics, benefits, and downsides. This is particularly true with the Texas Court system compared to both the federal courts and many other states.
People have always been concerned about our judicial system making massive decisions in an undemocratic manner and while there are parts of our nation’s history (Jost). There have been decisions that were dreadful for our nation, Dred Scott v. Sandford; but there are decisions that everyone can agree with in retrospect, Brown v. Board of Education. Also, there are decisions that still divide us as a nation, Bush v. Gore and Roe V. Wade. There are a lot of issues that come from our current judicial system; however, I understand that the problems that come from it are not going to come from any quick fix, and we may have to live with some of them. Looking at the history of the judicial branch of the United States Government, I believe it needs to be limited in its judicial review power, but have certain exceptions where necessary in some cases.
as it does supporters. But, if we do not allow the Supreme Court to translate
Capital punishment in the United States is a highly debated topic. Arguments that want to get rid of this method of punishment usually mention the many problems that capital punishment is plagued with. The death penalty has many issues that cannot be resolved, and since these issues can’t be solved, the death penalty should be abolished. “The irrevocable nature of the death penalty renders it an unsustainable and indefensible remedy in an imperfect justice system.” (Evans 3) Even though the death penalty has been around since the 18th century, capital punishment has many issues such as wrongful convictions and high costs, proving it should be eliminated.
Proverbs 21:15 New Living Translation (NLT) states, “Justice is a joy to the godly, but it terrifies evildoers.” With that being said, there are “94 district courts, 13 circuit courts, and one Supreme Court throughout the country.” The court systems are not in place to be abused by the representative nor those that are looking for assistance. The court systems exist to provide justice for all.
During one of our class sessions we discussed the different areas within the criminal justice system. The topic of courts and sentencing specifically of juveniles was mentioned. As we get to know the inside students we learn some of their backstory of how they ended up at Joseph Harp Correctional Facility, many of them had their first contact with the criminal justice system as a juvenile. Several of the inside students expressed animosity toward the courts when it came to sentencing of juveniles. They thought that some of the ways juveniles are sentenced is too harsh.
I don’t know what people thought of when they saw JH’s family before their involvement with the criminal justice (CJ) system. However, I am sure they did not suspect the horrors that went on behind closed doors. JH, now about fifteen years old, was being sexually abused by his older brother and father. They both even recorded the acts. Eventually law enforcement got involved, police arrested the father and brother, the DA pressed charges, lawyers got involved, the courts sentenced them, they were incarcerated, at some point they’ll most likely have a parole hearing, and eventually might be released from prison. That is what most people think of when they think of criminal justice. Criminal justice is often erroneously limited to a crime, the
Is our justice system fair to all? Although the answer to this question is an opinion, there are pieces of evidence and commentary to defend this argument. The process of the legal system itself is all an opinion because in the end, the only person whose judgments matter is the judge himself. Over time, the wrong people have been arrested for the wrong things. Living in the United States, a country where crimes are committed constantly; we count on this system to make the right decisions. It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people from judging right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals.
The criminal justice system plays a major part within our community. Every aspect of the criminal justice system affects the community and the population. Within our jails and prison 20% of the U.S population is currently being held in a prison or jail. Within that 20% percent a lot of these people are diagnosed with a mental illness. The increase of people in the system and the increase of reported mentally ill person is very alarming and important to discuss and find solutions for. With increase of mentally ill individuals increasing the level of training for officers is not at the same right. Most prisons or jail don’t have a specific way to handle nor treat individuals with a mental illness. This paper will discuss recent research regarding mental illness is, the impacts of mental illness, the impact of the criminal justice system, and how the system handles these individuals.
In my opinion there is no singular primary adversarial relationship between the plaintiff and the defendants within the Judicial System. The American Court System works much like the tectonic plates hidden deep inside the earth, there is constant pressure from all sides to stay in balance. It is a very precarious act where they must ensure the rights of the accused are not infringed upon while actively seeking justice for victims. They must pick and choose who gets prosecuted and who walks free. Many factors go into those decisions some are obvious other are never known due to deals that have been made with immunity. Overall there is a vast degree of suspicion held between the individual from all side of the spectrum. The process in which
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
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.
I could cite several examples where I thought a judge’s or jury’s ruling was not fair, but I won’t because frankly, we’ve all seen those. I actually believe in our legal system, and I believe in justice. I believe in justice as an ideal that we strive for, and that is what it means to me. The legal system, when looked at closer, is not justice but instead judgment. You can be punished when found guilty, in a number of ways, but who knows if they’re “fair” punishments, it’s all a matter of opinion.