Even though constituents of civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008). This view of criminal law considers it as part of the social agreement planned by Thomas Hobbes. Others offer that the criminal law’s reason is to keep society secure from those who cannot obey society’s rules or to penalize those who violate society’s regulations (Duff, 2008). The criminal law can best be viewed, nevertheless, as having the intention to accomplish all of these requirements for society.
Justice is defined in law enforcement in many different and accurate ways. Justice is inevitable and controversial when defining it in terms of law enforcement. Law enforcement is challenged in every possible way as the career is one of many judgmental decisions and controversial actions. Laws have been implemented to enact justice and law enforcement is responsible to uphold the laws for the better of all individuals in the criminal justice system. Justice is defined as being fair and just and upholding the law in accordance to high standards through moral rightness and sound reason for the safety of law enforcement and society.
Roeper Review, 28, 1. p.37(8). Retrieved March 11, 2008, from Expanded Academic ASAP via Gale: http://find.galegroup.com/ips/start.do?prodId=IPS 4. Sternberg, R J (Jan 2007). A systems model of leadership WICS. The American Psychologist, 62, 1. p.34(9).
The intermediate level is the Appellate Divisions of Supreme Court which hears appeals from the trial courts such as the Supreme Court, county court, family court, surrogate 's court, and the court of claims. The appellate division of Supreme Court can also reviews matters of both law and fact in civil and criminal matters. (NY Courts, 2016) The highest court, which is also the last resort in the state’s court system, is the Court of Appeals. The court of appeals hears cases from the state’s intermediate appellate court and in some cases the trial courts.
Felonious trials concerning federal laws may only be heard by federal courts; however, most illegal trials contain infractions of state laws, and the state court is the court that tries those violations. Trials against the United States and cases including precise federal acts are some claims state courts are not authorized to hear. In numerous circumstances, state courts and federal courts have “jurisdiction.” This authorizes parties to decide either state court or federal court to trial their case ("What the Federal Courts
By creating a Constitution, it is assumed that the people are going to agree to it as the law of the land. The Supreme Court is responsible for upholding the Constitution by interpreting the laws for the benefit of the people. The justices would be violating their oath if they were to oblige this obligation. If the Constitution were not the law of the land, why would it exist? This is the justification for judicial review, or the right of the court to declare legislative or executive unconstitutional.
The definition of a just society can be described as a society with equality and solidarity where everyone is treated the way they deserve to be treated. The government today has control over the people to avoid chaos but tries their best to best serve its people. People in society deserve to be treated fairly based off their natural rights of being human. The Declaration of Independence states that the consent of the govern is applied to serve its citizens with the best laws and regulations to keep the people in a state of contempt and delectation. Governments are supposed to protect and give the people of a nation the rights and justice they deserve with the consent of the governed.
Locke also has a better argument than Hobbes because Hobbes’ belief that it is necessary to have a supreme ruler in order to prevent the state of war in society is inherently flawed. This is because doing so would create a state of war in and of itself. Locke states that the correct form of civil government should be committed to the common good of the people, and defend its citizens’ rights to life, health, liberty, and personal possessions. He expects that a civil government’s legislative branch will create laws which benefit the wellbeing of its citizens, and that the executive branch will enforce laws under a social contract with the citizenry. “The first and fundamental positive law of all common-wealths is the establishing of the legislative power; as the first and fundamental natural law, which is to govern even the legislative itself, is the preservation of the society and (as far as will consist with the public good) of every person in it.”1 Locke believes that humans inherently possess complete and i... ... middle of paper ... ...he state of war from occurring in society.
Although the financial choices of each state should be free from federal control, the federal government is still known to put pressure on states to make decisions, especially when lawsuits arise. An example of federal legislation commanding state behavior is busing. The states felt that they should have the autonomy to decide whether racial integration was right for them. The federal government, however, decided in Brown v Board of Education that segregation was unconstitutional, and thus the state governments were forced to comply. In a federal system of government, each level holds its own powers, but one must prevail in cases of disagreement.
Under the Articles of Confederation, protecting the rights of the people and building a strong centralized government was necessary. This is why the United States adopted the legislative, judicial, and presidential branches. Each branch holds both power and restrictions while working together, called a checks and balance system. The first three Articles of the Constitution list the responsibilities of each branch. The legislative branch writes and ratifies laws while the judicial branch promotes justice and dispute resolution.