Javious Roberts
Colorado Technical University
CJUS290-1404B-01 Criminal Law
Professor Johnson
November 20, 2014Abstract
The function of the 3 branches of the U.S. government as well as components of the criminal justice system.
The United States Constitution
The U.S. Government separates the power to rule into three equal, but distinct branches: (Judicial, Executive, and Legislative). All three branches carry out diverse functions, duties, and responsibilities. They assist and help keep the other in check. Each branch was formed in order to ensure each aspect of the government is balanced and has an effective impact on all 50 states. In one form or another order must be maintained and distributed …show more content…
equally. Checks and balances make up each branch. This limits all three branches by restricting the right to amend acts on one another. The constitution is responsible for each branch that set procedures in place for the U.S. government.
The Executive branch primarily consists of the president as well as a cabinet of his or her advisors. The president leads the Executive branch in which makes laws official. This branch has the power to propose laws, command the armed forces, conduct foreign policies, direct the government, and appoint advisors/officials to negotiate treaties. The Executive branch has checks against the Legislative branch and also has the authority to adjourn congress in certain situations. Lastly this branch can even veto bills and appoint judges.
The Legislative branch consists of the House of Representatives and Senate. There are a total of 100 senators two from each state. Senators serve six-year terms and are elected by their state. The House of Representatives consist of 435 members and the number of representatives is based upon the population of the state. This branch has the power to grant money, declare war, approve treaties, write laws, and confirm presidential appointments. On the contrary it also has checks upon both the Executive, and Judicial branch. The checks imposed on the Executive branch are to reject appointments, treaties, impeach the president, deny funding, and cancel a veto. The check it imposes on the judicial branch includes the impeachment of Supreme Court justices, and the proposal of constitutional amendments.
Lastly, the Judicial branch is responsible for interpreting the U.S.
constitution as well as laws. This branch is responsible for overseeing the court system of the U.S. The judicial branch consists of all courts, but more importantly the Supreme Court. All other courts differ from the Supreme courts simply because the Supreme Court rules whether something is constitutional or unconstitutional. This is why the Supreme Court is the head of the Judicial branch. This branch also has the power to review lower-courts decisions. In order to keep the Executive branch in check the Judicial branch has the ability to declare executive decisions unconstitutional. In addition the Judicial branch maintains order in reference to the Legislative branch by declaring law that are unconstitutional.
Federalism is defined as a political system in which states unite under a central government in order to maintain a measure of independence. If the government just so happen grows too powerful federalism reverts closer to a unitary state. Meaning the administrative figure has absolute authorization and control how much power the states are granted. Federalism impacts the criminal justice system by taking away state rights as well as over-ruling lower levels of the courts. This could be an issue that could bring forth conflict of authority, and can result in …show more content…
corruption.
The criminal justice system can be so simple and complex at the same time. Its primary components include law enforcement, criminal courts, civil courts, and corrections. Law enforcement is responsible for enforcing all laws set forth by the government. All courts including both criminal and civil provide are responsible for resolving disputes and enforce laws in a fair and rational manner. Criminal courts deal with cases that involve actions that are considered to be detrimental to society (shoplifting, theft, and robbery). Civil courts deal with cases that involve private disputes between people or an organization. Lastly corrections have the role of supervising convicted offenders serving time for either jail, or prison. Each major component of the criminal justice system is both interdependent and independent. Since there is no single criminal justice system each component acts as individual system. Other components include prosecution, and defense attorneys. Each key component is set in place to control crime, and protect society.
Both federal and state courts function in much of the same manner, however there are differences and as well.
Both courts have Due process, court proceedings, and sentencing and appeal. They differ in the fact that federal courts are managed in every federal district, while all states manage individual laws and governance within the state itself. For an example federal courts can be divided into two kinds of courts which are known as Article III and Magistrate court. State courts normally form city/municipal courts that deal with issues on more of a local level while federal cases begin in U.S. District courts. There are a total of 94 district courts in the county. In addition state courts often always hear criminal cases. It should be noted that both courts were designed by the U.S. constitution in order to share power through an organization of federalism. As mentioned above all courts seek to conclude legal disputes and enforce laws for the safety of
society.
References
PELLETIER, HEATHER / 3 Branches of Government Retrieved November 21, 2014 From http://www.matsuk12.us/Page/8991 How to Compare & Contrast the Federal & State Court Retrieved November 21, 2014 From http://www.ehow.com/facts_6882637_compare-contrast-federal-state-court.html The Criminal Justice System (n.d.) Retrieved November 21, 2014 From
http://www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/the-criminal-justice-system