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Strengths and weaknesses of the criminal justice system
Role of the criminal justice system
Corruption and the justice system
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The criminal justice system is one of the areas in any state that requires the input of all the three branches of government (CliffsNotes.com, 2011). Laws concerning crimes and their corresponding sentences must be made. These laws must be enforced and there should be an appointing authority for all judges and magistrates. These three functions correspond to the legislature, the judiciary and the executive arms of government respectively (CliffsNotes.com, 2011). The main focus of this essay will be on the Judiciary.
Workers in the criminal justice system range from those who actively participate in deriving the sentences for crimes committed to those who provide support services. Those who actively engage in the conception of sentences range from the local magistrate, the judges within a certain jurisdiction, up to the appellate and Supreme Court judges. The lawyers and attorneys, on the other hand, provide prosecutorial services and defense services depending on whether they are representatives of a plaintiff or the accused. The police and paralegals provide investigative services and legal support respectively. A magistrate is just but one of these workers whose scope in relation to the types of cases that he or she has to judge are limited by the government (Cornell Law School Wex, 2010). Although there are limitations to a magistrate’s duties , he or she must have a high-level of integrity since there are cases where they will contend with ethical issues.
Ethical issues do not have clear answers. It is this quality that requires the magistrate to act in such a manner as not to hurt the interests of others. It is the controversial nature of Ethics that challenges the ingrained systematic activities of the judicial system. Th...
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...morally corrupt character. Integrity is an important requirement for anyone to hold the office of a magistrate. Corrupt magistrates erode public confidence in the judiciary of any country.
References
CliffsNotes.com (2011). The Structure of Criminal Justice. Retrieved from
http://www.cliffsnotes.com/study_guide/topicArticleId-10065,articleId-9908.html.
Kleinig, J. (2008). “Ethics and criminal justice: an introduction”. New York: Cambridge University Press. 32-33.
Legal Information Institute (2010). Magistrate. Cornell University Cornell Law School Wex. Retrieved from http://www.law.cornell.edu/wex/magistrate
Rising, J. (2002). “Justice and Ethics”. Retrieved from http://www.mit.edu/~jrising/webres/justice1.2.pdf
The Importance of Ethics in Criminal Justice. Retrieved from http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
Banks, C. (2013). Criminal Justice Ethics: Theory and Practice, Edition 3. Thousand Oaks, CA: Sage Publications.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
Oliver, N. E. (2006). Influences on Judicial Decision Making. In N. E. Oliver, The Public Policy of Crime and Criminal Justice (pp. 371-374). Upper Saddle River, NJ: Prentice Hall.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
6. Neubauer, D.W. (2002). America’s Courts and the Criminal Justice System. Belmont, CA: Wadsworth: Thomson Learning.
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
(8) D., Lyons, Ethics and the Rule of Law, Cambridge University Press, 1989, p. 81.
When trying to describe Dan Locallo as a compassionate judge one could use the Tony Cameron, the Larry Bates and the Frank Caruso Jr. criminal cases. Tony Cameron has been in jail for only five months. He was arrested for armed robbery in August of 1997. Cameron has an inner conflict that he keeps fighting-whether or not he wants to plead guilty or not guilty (Courtroom 302, 26). Tony Cameron realizes that if he wants to present his case to the judge he better make it a good one. Most offenders that visit the courthouse feel like...
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
The criminal justice system treats all forms of serious crimes in an unforgiving manner. If the offenders commit a crime while under the influence of drugs, they are likely to be put in prison for a longer period of time rather than someone who committed the same kind of crime but was not under the influence of drugs (Taylor, 2008). With that said there are many causes of drug related crimes. Usually when there is a drug related crime it tends to be more serious in terms of damage done than non related ones. It is important to further explore crimes that are drug related in order to see the root causes.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
As Dworkin introduces his idea of political integrity, he begins by introducing his conception of three political ideals: fairness, justice, and procedural due process. According to his claims, a utopian society would only need these ideals to thrive because officials consistently doing what was perfectly just and fair would guarantee coherence. In our system of ordinary politics, Dworkin feels that integrity need be accepted as a fourth political ideal, if we accept it at all. In his definition of political integrity, Dworkin claims that it ought to be used to treat like cases alike, provide equality under the law, be parallel to personal integrity, and demand that the state act on a single set of consistent principles. In layman’s terms, the characterization of political integrity implies total equality under the law by all laws being justified by the same principles. Still though, he finds it important to make the assertion that it may well be the case that some “breaches” of integrity are, all things considered, better than the alternatives. Dworkin claims that we have two separate principles regarding political integrity. These principles, legislative and adjudication, try to make laws morally coherent, and allow them to be seen in such a manner. Also, when speaking of political integrity, he makes two important background assumptions. These background assumptions are that we all, as a society, believe in political fairness and that we know that different people hold different view about moral issues that they all treat as of great importance. From these assumptions and principles, Dworkin presents an interesting view of political compromise in the form of checkerboard laws.
Banks, Cyndi. Criminal Justice Ethics: Theory and Practice. 3rd ed. Thousand Oaks: Sage, 2009. Print.