The United States justice system is a complicated system. The justice system is the third branch of the government. This branch holds the responsibility to create and up hold laws. The justice system has a precise order of how things fall into place when a crime has been committed. The process to arrest an individual to the sentencing of that individual takes a bountiful amount of steps and procedures. First of all, the officials suspect an individual is committing a crime. The cop can follow and gather evidence against the individual suspected of committing a wrong doing. If the cop feels he/she has enough evidence, but needs more they issue a warrant signed by a judge and search the individual or their property. Arrest, which is when an …show more content…
However, the system is not perfect, sometimes we lock up the wrong person or we sentence individuals to harshly. For example, sentence disparity exists in the United States. Sentence disparity is when an individual sentence is unfair and unequal to their crime. A Judges perception of the laws, for instance proves one reason why sentence disparity exists. For example, one judge may view substance abuse as a regular and give them two years’ probation, but another judge could view substance abuse as a habit that does not go away, so he gives a more extreme sentence of two years in prison. Individuals who commit the same crime should receive the same sentences, if the this is the individuals first appearance. If one of the individuals has committed the crime before, and then committed it again, this individual needs to be punished more severely, then the one that committed it for the first time because the judicial system needs to show individuals that it is not going to allow an individual to commit the same crime over and over and just get a slap on the wrist for …show more content…
To improve the system, I would review all judges to make sure they did not have bias toward their cases. For example, all judges would be review on sorts of topics by different individuals to see how they felt toward one topic. I would ensure that judges that had an emotional connection to cases recuse themselves, they are already supposed to do complete this action, but some do not. Lastly, I would attempt to destroy corruption in the judicial system. This would be the paying people under the table, picking the right judge to give lenience, etc. All in all, the judicial system has cracks in the foundation, but it is on the right track. Our system is not perfect but it is better than not having anything. The judicial system gives individuals the chance to prove their innocence and to fight for the
Government Institutions in Texas Many people believe the Texas Judicial Branch needs refurbishing for the 21st century. However, the Texas Judicial Branch operates efficiently now because of the way Texas has set up its Judicial Branch and court system. The reason for this is because Texas has structured layers of courts and those layers of courts allow cases ideal time to be heard, which works efficiently and adequately for the court system.
In the United States, there are two primary models; Indeterminate and determinate sentencing. Indeterminate sentencing refers to blending decisions provided by the sentencing judge and later from a release authority so the actual time served can be determined. The judge will sentence offenders to indeterminate sentencing during the time of the sentence including the maximum or minimum amount of time that’s to be served. Once an offender serves the minimum amount of time they are qualified for a release by the parole board. However, the maximum sentence may have to be served by the offender if the parole board doesn’t grant an early release.
“Progress is impossible without change, and those who cannot change their minds cannot change anything.” This quote stated by George Bernard Shaw represents America’s jury system perfectly. We should ultimately eliminate the jury system from court, and use the bench system in all criminal and civil cases. Although there are many reasons why eliminating the jury system is a better choice, many people want to keep the jury system only because we have used it for a long time and they fear change. Without change, progress is impossible and those who want to keep the jury system should change their mind.
As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.
The Criminal Justice system is one of the most important vessels within society due to its role in ensuring that society is abiding by its laws and holding those who transgress these laws to account. Despite its crucial role in society, it has also been under some scrutiny in regards to how effective it actually is, which results in arguments that it doesn’t properly fulfil its job as a carrier of justice. A focus on the criminal justice system is a subject of interest because it helps us understand the tension within society between individual rights and freedoms. (Schmalleger, F. and Koppel, T, 1999) Thus, this essay will be arguing that the criminal justice system is indeed broken.
Just by denying others the better treatment you would be violating other individual rights of dual process. The court system wouldn’t be equal and fair as promised by dual process. That is how having the “uniqueness” thinking error can mess with individual rights. How having the same thinking error can affect the public order is on the extreme end of consequences, it could lead to favoritism among those people with the criminal thinking errors. In societies perspective favoritism coincidentally, is not favored.
Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.
The judicial system is very important in the administration of justice for any society. Functions of the system are clearly stipulated and defended by the constitution of any nation. For a judge to pass a ruling on a suspect, the trial has to go through several stages before a final ruling is arrived at. Thus, one would believe the judgments made are considered fair making the judicial system a defender of justice and fairness.
The Texas Constitution has three branches of government, the legislative branch, the executive branch and the judicial branch. Every branch is responsible for certain duties that make this state run smoothly. If I could change one thing about each of the three branches, what would it be and why? The legislative branch is the branch that is in charge of making the laws, and it is by law that government define crime, establish the basis of civil suits, determine what will be taxed and who will pay how much in taxes, and set up government programs and the agencies that administer them.
When I think of the judicial system, I think of power and final decision making. In a sense, that concept can be scary. However, the judicial system by no means has as much power as one might think, and we can thank the Bill of Rights for that. Specifically, the 6th amendment is what protects us in a court of law. The 6th amendment sets boundaries and rules for trying and convicting a citizen of the United States, and that is why it is so beneficial to us.
Ideally, being able to elect judges seems like a fair concept. Both parties present a field candidate and the voters decide which to choose; however, this system is flawed. Not only is it difficult for the people to obtain any real information about their candidates, there is also the issue of “…Texas justice being sold to the highest bidder.” As a result, many cases have been influenced because of these generous contributions to the candidates. Rather than electing judicial officials, Texas should adopt a system of having a governor, or the Senate, appoint its judges, then every few years, voters sustain the right to retain those judges if they so desire.
COURTS The court system is made up of many operational parts that all work together to achieve an overall goal. For my courtroom observation I have chosen the State of Florida v Casey Marie Anthony trial. This trail took place on the 23rd floor of the Orange county courtroom in Florida which seats about 50 people. Casey Marie Anthony (the defendant) is on trial for the death of her two-year-old daughter Caylee Marie Anthony. She is being tried for first degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of providing false information to police.
Also race and gender plays a big factor when sentencing offenders. For example, in the book it states that African Americans receive harsher sentences on average than white or Asian American offenders and males have a longer sentencing than females. This is just causing people to be in jail who shouldn’t really be there and this is also the reason why jails are overpopulating. Someone who has possession of drugs should not be going to jail longer than someone who committed murder. Our system of sentencing isn’t so rational and fair when it comes to sentencing.
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the