...Search Bar (http://hwguiders.com/ ) CJA 483 Choose a component of the criminal justice system: police operations, court systems, or corrections. Write a 700- to 1,050-word paper that answers the following questions: a.What is your definition of justice as related to the component you selected. b.What are three current practices of the component selected that demonstrate the successful achievement of your definition c.What do you see as the three biggest challenges in the next 10 years for the component. Format your paper consistent with APA guidelines. Abstract Jenkins (2011) contends that Americans have increasingly turned toward the American court system as a matter of redress and protection (p. 1). Seeking justice from a dualistic entity charged with fairness, interpreting and honoring the law, ensuring retribution is granted when warranted and protection from abuses of authority and/or due process is maintained in accordance with the Constitution and federal and state statutes, the court system balance these dualistic duties and obligations to society and the government (p. 1, 2). Since September 11, 2001, however, the court’s roles and Judicial duties have become more complex. Subject to emergent laws such as the Patriot Act and the 2011 National Defense of America Act, some of which negate the rights to due process, Judicial decisions relative to charges, warrants, warrantless searches and surveillance and evidentiary admissibility have changed dramatically...
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...HIERARCHY OF LAW IN GEORGIA Executive Law Legislative Law Judicial Law Federal court decisions (1) interpreting U.S. Constitution, acts of Congress, treaties, executives actions, and rules of federal agencies; (2) resolving suits between states; and (3) ruling whether Georgia's constitution, statutes, rules, and other actions violate the U.S. Constitution or U.S. statutes. Orders, writs, and rules of federal courts (House and Senate rules; non-binding resolutions) U.S. Constitution Federal Law U.S. treaties and executive agreements, orders, and proclamations of the President Acts and Resolutions of Congress Rules and regulations adopted by federal agencies (Opinions of the U.S. Attorney General) Georgia Constitution Executive orders and proclamations of the Governor State Law State court decisions (1) interpreting Georgia Constitution, acts of the General Assembly, and rules of state agencies and authorities, (2) resolving conflict between state law and local ordinances, rules of local agencies, and rules of local authorities and special districts. Orders, writs, and rules of state courts, including rules and regulations of the State Bar of Georgia General Acts and Resolutions of the General Assembly Rules and regulations adopted by state agencies and authorities (House and Senate rules; non-binding resolutions) (Opinions of the Georgia Attorney General) Local Acts of the General Assembly Common law Local Law Rules and regulations adopted...
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...Introduction to Commercial Law “The law isn’t perfect but it certainly beats whatever is in second place.” ~ Kojak 1974 The common law system is based on the English model which has been inherited by various countries whose development has been influenced by British colonialism, in particular Commonwealth countries. Given that the law reflects the general character of the society in which it exists, it is not surprising that over a period of 200 years there is a lack of complete uniformity between the laws of those countries influenced by British settlement. Nevertheless, the British common law / equity systems have more in common than they have elements of difference, with models sharing common values, institutions and principles. There are, of course, other types of legal systems throughout the world, such as those who have adopted the civil law system, which has its heritage in Roman law, or those based in religion (syariah law) or politics (such as socialist law). However, this essay will focus on the British common law / equity system which have been adopted by various Commonwealth countries throughout the world, including Singapore. The expression ‘common law’ is used to describe a legal system based on the English model. This expression is also used to describe case law – the law developed by the courts as distinct from the law enacted by parliament. The common law in this sense owes its existence to the creations of generations of judges...
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...interpretation in the UK’s legal systems The doctrine of precedent arises (stare decisis) from the common law implementation in UK courts. This goes back to King’s Henri II (the King’s Bench) whereby past decisions were dispensed throughout the kingdom. The reasons and main advantages of the same are to ensure consistency/uniformity and predictability, thus creating confidence in the legal system. The stare decisis (stand by what is decided) enacts the requirement on the courts to follow/abide by the previous rationes decidendi of previous cases. Mainly, the lower courts will abide by precedent decisions due to the hierarchy invested therein (Binding precedent). In 1966, the House of Lords (now known as UK Supreme Court) referred to the doctrine of precedent as “…an indispensable foundation upon which to decide the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for the orderly development of legal rules”. However, the House of Lords advised that: “…that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing...
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... PA 205-01 Unit 1 Assignment * Read case study * Describe the difference between legislation and case law The main difference between legislation and case law is who makes them. Legislation (or statutory) law consists of laws that are passed by the legislature, that is legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S. flag) was viewed as disorderly conduct and a direct violation of this Texas statute ("Texas v. Johnson"...
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...The Power of the Supreme Court Cannot be Justified in a Democracy (45) The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy. The ambiguity of the constitution means that there is much room for interpretation. Since interpreting the constitution is the role of the supreme court, the supreme court is often seen as a quasi legislative body. This is because through its interpretations, particularly those made by loose contructionists, the supreme court acts as an additional legislature. It's decisions can have the same effect as passing legislation. For example, the Grutter vs Bollinger decision (2008) involved the courts laying down a time frame for which affirmative action can be deemed necessary. This effectively acted as a piece of legislation even though it did not pass through Congress. This can be seen as being problematic and potentially damaging for a Democracy. Justices are unelected, they therefore lack legitimacy and should...
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...The Supreme Court of Canada is the highest court in the country and decides on many key issues such as criminal law, civil law, federalism, and individual rights and freedoms. The Supreme Court of Canada was established by an Act of the National Parliament in 1875 and it consists of nine judges who are appointed by the Governor General on the advice of the prime minister and cabinet (Malcomson & Myers, 1996). It is almost mandatory that the court has regional representation and meets certain requirements such as having at minimum three judges who are familiar with Quebec’s civil law system, at least one judge who is from the area of Atlantic Canada, and a minimum of two judges that are from the west (Malcomson & Myers, 1996, p.150). These judges...
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...Marbury v. Madison The power that the Supreme Court has to determine the constitutionality and the validity of the acts of the executive and legislative branches of government is a firmly established basic element of the United States system of government. In 1803, Chief Justice John Marshall’s opinion in the case of Marbury v. Madison resulted in a landmark decision in the history of the Supreme Court. (Kramer, 2000) The court’s ruling established the power of judicial review, declared that the Constitution was the supreme law of the land, and that the Supreme Court has the final authority on interpreting the Constitution. In the Election of 1801, Thomas Jefferson and his anti-federalist Republican Party defeated then President John Adams and the Federalist Party. The Republicans also won a majority in Congress. In an effort to keep at least one branch of the government under Federalist control before the Republicans took office, the Federalist controlled Congress passed the Judiciary Act of 1801 in a lame-duck session (Marbury V. Madison, n.d.). The bill reformed a 1789 statute and created many new judgeships. Adams nominated judges and the Senate confirmed them. Adams then stayed up until long after midnight on March 3, 1801, his last full day in office, signing commissions that put fifty-nine loyal Federalists in office. These were the so-called "midnight judges." (Kramer, 2000) In the final weeks before Jefferson took office, John Marshall was Secretary of State and...
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...lead the people and to make rules and laws. Mapped out by the Constitution, the United States’ government consists of many different groups and branches that work together to run as smooth as possible, keeping order and keeping the people relatively safe and happy. “The legislative and executive branches of government have a voice… so should the courts” (Fiss 2-3). Each of the branches work together to achieve the correct governmental structure based on the Constitution. The Supreme Court contains valuable members who help make important decisions for the citizens and for the country as a whole. Without the judicial...
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...Uniform State Laws (NCCUSL) and the American Law Institute (ALI). Judge Herbert F. Goodrich was the Chairman of the Editorial Board of the original 1952 edition [1], and the Code itself was drafted by some of the top legal scholars in the United States. The Code, as the product of private organizations, is not itself the law, but only recommendation of the laws that should be adopted in the states. Once enacted in a state by the state's legislature, it becomes true law and is codified into the state’s code of statutes. When the Code is adopted by a state, it may be adopted verbatim as written by ALI/NCCUSL, or may be adopted with specific changes deemed necessary by the state legislature. Unless such changes are minor, they can affect the purpose of the Code in promoting uniformity of law among the various states. The ALI/NCCUSL have also established a permanent editorial board for the Code. This board has issued a number of official comments and other published papers concerning the Code. Although these commentaries do not have the force of law, courts interpreting the Code often cite them as persuasive authority in determining the effect of one or more provisions. Courts interpreting the Code generally seek to harmonize their interpretations with those of other states that have adopted the same or a similar provision, except where specific aspects of the Code were changed by that state when adopting it, or where other aspects of state law require a different decision. The Code...
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...Precedent and the Court Structure The law in the UK is made up of primarily two sources: statute and precedent. Although judges are required to apply statute - interpretation of statute follows common law principles including precedents. Precedents are a concept in common law (England and Wales and other English speaking countries – US, Canada (except Quebec), Gibralter, Hong Kong etc) whereby a previous case if similar (in facts) is used to provide a consistent basis for decisions. Precedents are "binding" on a lower court that is to say they must be followed by a lower court if the decision was made by a higher court. They should also be followed by that court itself. The Latin term Stare Decisis (to maintain what has already been decided) is used to define this. When a judgement is handed down by a judge it is in two parts 1. the ratio decidendi (the reason why) and 2. the orbita dictum (said by the way). The ratio decidendi is binding. The orbita dictum can be cited as persuasive but is not binding. Similarly a lower courts decision can be persuasive to a higher court but is not binding. The general concepts of the above are referred to as "case law" and help to develop and modify the law. Subsequently a great part of the work of a lawyer in a trial is to show how the facts of the particular case differ or resemble other cases to make their points of law in front of the court. In civil law precedent is not followed in the same way and judges theoretically use...
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...that raises a lot of concerns over the judges’ competence in law interpretation and application in certain cases that require more than the mere application of existing laws. The critics of judicial activism fault it for violation of application of available or pre-existing laws but rather the judge decides cases based on his own emotional persuasion and views on a case. Judges constitute members of the society whose actions should impact it positively (Harten, 2013). The architects of the Constitution anticipated a judiciary that can effectively tackle various issues like injustices and address discontentment even in the absence of applicable law. For instance, the Canadian ruling on the status of Métis and non-status...
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...Discuss the view that the power of the Supreme Court cannot be justified in a democracy. The Supreme Court: Functions of judiciaries; judicial independence. Membership, appointment process and issues of judicial review; accountability and democratic control. Theories of judicial activism and restraint. The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power however are unelected and unable to be dismissed. The most significant issue with the Supreme Court’s power is its (lack of) accountability, this is largely caused by the appointment process. The Supreme court has had significant influence over public legislation since the Marbury vs Madison case of 1803 and increasingly so since Chief Justice Warren’s court who made controversial decisions regarding segregation (Brown vs Topeka) and Abortion (Roe vs Wade). This has continued to more recent court cases such as the 2012 Windsor vs USA which recognised gay marriage striking down DOMA (the 1996 Defence of Marriage Act) which stated that only heterosexual marriage would be federally recognised. This has led to the appointment process of Supreme...
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...More than 50 nations joined forces in forming an organization called the United Nations which drafted the Universal Declaration of Human Rights in 1948. This Declaration was the point of departure for the European Convention on Human Rights and Fundamental Freedoms (hereafter the ECHR) as its drafting was followed soon after by the newly formed Council of Europe in 1950. However, it was only ratified in 1953 under the enforcement of the European Court of Human Rights (ECtHR) in Strasbourg. Contents of the ECHR consists of main rights and freedoms in the form of articles, rules of operation...
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...On April 21, 2014 the Supreme Court granted writ of certiorari in Heien v North Carolina which was the first argued case during their new term. This case presents the question of whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop (Brief of Petitioner 2). This case arose in 2009 when police stopped Nicholas Heien in North Carolina for driving with one broken brake light. The officer issued Heien a citation for his light and then proceeded to ask him if he could search his car, which Heien consented to. During the search, the officer discovered a sandwich bag that contained 54.2 grams of cocaine and Heien was arrested on the spot for drug trafficking (Oyez Project). He plead guilty to two counts of drug...
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