Preview

Legal Precedent In The Criminal Justice System

Satisfactory Essays
Open Document
Open Document
236 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Legal Precedent In The Criminal Justice System
The theory of legal precedent has changed the face of the Criminal Justice System and Criminal Courts in many ways. Previously judges made decisions solely on what they believed, without mentioning existing cases. The decisions were only base on what they were told about the pending case, and with that information they provided a suitable conclusion. Today judges base their decisions on previous cases, to be able to justify their actions. Legal precedent is extremely beneficial to our Criminal justice system and our court system because it allows consistency, reliability and predictability within our decisions.
The Supreme Court case Marbury v. Madison is described as the case that established the precedent of Judicial review. Which forever


You May Also Find These Documents Helpful

  • Good Essays

    The case of Marbury v. Madison (1803) has been described as "epochal", and for good reason. The case of Marbury v. Madison established the Supreme Court's power of judicial review. Judicial review is the ability of the Supreme Court to "review a law or an official act of government employee or agent for constitutionality or for the violation of basic principles of justice." This case directly shaped the future of the American public in a positive way: by making decisions that are lawfully correct and in the best interest of the public. This also had some short-term and long-term ramifications, including the decision that declared the legality of the Louisiana Purchase, the single act that doubled the size of the United States and laid the foundation for a future superpower.…

    • 762 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Apush Chapter 11 Outline

    • 2586 Words
    • 11 Pages

    * Marbury vs. Madison established judicial review; the right of the Supreme Court to declare legislation unconstitutional.…

    • 2586 Words
    • 11 Pages
    Better Essays
  • Good Essays

    Taking place in 1803, Marbury v. Madison was the landmark case that set the standard of judicial review into effect. This means that any previous ruling on a case can be used as a precedent and can determine the verdict. The background of this case is all sorts of messy; when John Adams’ term was near its end, William Marbury and a few others were appointed as “justices of peace” for the District of Columbia, however their positions were never official. When Thomas Jefferson came into office, he told James Madison, the Secretary of State at the time, to deny Marshall and the others’ commissions, so Marbury and the others then sued Madison. John Marshall ruled in favor of Marbury however could not deliver his commission because the constitution conflicted with a legislative act known as the Judiciary Act of 1789. This case was significant because it served as the basis for Article III of the Constitution that sets the standards…

    • 529 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Precedents are a past case that is used as an example or as guidance as it has similar facts and circumstances. There are 3 types of Precedents; Original, Binding and Persuasive. They can be used instead of statutory laws in civil cases. They are created when a new case, which has never been trialled in the UK courts. An example of this was the London bombings in 2005. The rulings for this trial will now be applied to future cases, similar to this. Judges look at a previous case, which is similar and in an equal or higher court and they will then use this information to decide…

    • 1917 Words
    • 8 Pages
    Best Essays
  • Good Essays

    Marbury v. Madison was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of…

    • 699 Words
    • 3 Pages
    Good Essays
  • Better Essays

    MGMT 217

    • 2186 Words
    • 9 Pages

    Doctrine where the law of precedent is used in guiding decision making in present cases before the court…

    • 2186 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    Precedent-a principle or rule established in a previous legal case that is either binding on or persuasive ruling…

    • 523 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    ap gov courts

    • 718 Words
    • 2 Pages

    3. Marbury v Madison introduced the concept of judicial review. Judicial review allows the judiciary to check the actions of the executive and legislative branches if it is believe that these bodies did not act in accordance to the constitution. By bringing about judicial review, Marbury v Madison strengthened the system of checks and balances.…

    • 718 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Marbury Vs. Madison case is important because it was the first United States Supreme Court case to apply the judicial review principle. This case was between a man named William Marbury and James Madison, when James Madison refused to deliver Marbury's commission, Marbury made a petition, which would bring forth delivery of the commissions. Marbury’s petition was denied and proven not…

    • 656 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    paralegal

    • 1529 Words
    • 6 Pages

    Precedent is prior decisions of the same court or a higher court that a judge must follow. Stare decisis “ Stand by the thing decided” Related to the concept of precedent; Rule that a court should apply the same legal principle to the same set of facts and apply it to later cases that are similar…

    • 1529 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    In the United States, it was the leading case of Marbury v Madison which gave way to constitutional review of legislation. In it, Justice Marshall had ruled the Judiciary Act 1789 to be conflicting with the Constitution, which then led to the question of what happens when the Constitution clashes with an Act of Congress. He answered by saying that those Acts of Congress would not be law anymore if they clashed with it, and that the courts are therefore bound to follow the Constitution[2]. Therefore, the fact that Article III of the Constitution granted to the Supreme Court the “judicial power of the United States” was then interpreted as meaning that the Supreme Court could carry out judicial review[3].…

    • 2886 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    John Marshall Essay

    • 783 Words
    • 4 Pages

    Under Article III of the Constitution, the Marbury vs. Madison case was a landmark petition that gave new authorization to the Judicial Review. The Marbury vs. Madison case was unique because it helped define a previously grey argument on the boundaries between the Executive and Judicial branches of the United States Government. William Marbury was the person directly responsible for the petition on this issue. Marbury issued the court to demand Madison to commission his documents. Madison refused to do so claiming that Marbury’s petition was unconstitutional. The decision on the issue was that Marbury did in fact have the right to his commission, however the court did not have to power to force Madison to give it up. This extremely unique scenario on a very important issue raised the authority for the Judicial Review because the Federal court has the obligation to not only satisfy itself but the lower courts. The decision on this case…

    • 783 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Prior to Marbury v Madison, the Supreme Court only received it's judicial powers through the construction of the Constitution and what legislature enacted. Marbury v Madison was known as the first judicial review conducted by the Supreme Court. As a result of the Supreme Court's decision in Marbury v Madison, it gave the court its power to review the acts of Congress and the Executive and to oppose any acts of the legislature and the Executive that violated Constitutional rights of all citizens in the United States. The Supreme Court began its rise to an equal branch of the government.…

    • 981 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Some say that crime is increasing, while others argue that crime is decreasing, in any event, it is not stopping and the Criminal Court System plays a crucial part in ensuring the safety of the American people and the communities they live in. The purpose of this paper is to examine and evaluate the development of the different court systems, their purpose and how they interact with each other to keep law and order in America today. This is an explanation of how the early legal codes, common laws, precedents, rules of jurisdiction and interpretation of the law impact the courts of today. In addition, this article will explain the…

    • 1359 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Precedent generally refers to some prior action that guides what is done with the action today. As the judges decisions were recorded and passed around, this lead to more continuity and predictability with verdicts in court by judges. As this took place not every case had to be heard if there was an earlier decision on the issue. They referred back to the earlier decision for the case without hearing the current case.…

    • 728 Words
    • 3 Pages
    Good Essays