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Published: Fri, 02 Feb 2018
American Judicial System | Free Criminal Law Essay
The American judiciary system was found on the adversarial model. In the United State of America, the constitution founders believed that the only best form of government was one that would promote the welfare of an individual such as one social class or a director. The middle class was favored as the most likely group to promote the common welfare because they had in mind that the rich and poor would mostly be concerned with promotion of their own interests. The founders of constitution also believed that the common welfare meant having total protection to each individual’s natural rights of property, life and liberty. They chose a form of government called the republican government (Vaughan, 2003, p.1712-1862).
Because England’s powers of government were balanced and divided among the king and the parliaments two houses (the commons and the House of Lords), this system was applicable. This is because it best exemplified republican government. Madison J. who was one of the United States Farmers had his own definition to the republic as a nation or country whose laws and policies are made and administered by some of representatives of the people. He recommended that those representatives should be elected by a large number of people but not a small class. In addition, he figured out that such a government would fully serve the society with no special consideration to particular groups.
More so, apart from their nations of republican government, natural rights and common good the constitution founders wanted written laws that would clearly show the rights of all individuals and extent of the power in government. The American constitution sets forth the fundamental laws and rules showing how their government is operated and organized. Although most of the countries have both unwritten and written constitutions, the limited powers of the government by a constitution which must be obeyed by the government is the one that distinguishes a dictatorial government from a constitutional one. The contrast is perceived in that, the dictatorial government has unlimited powers over the government and its natural resources. It is very difficult for the citizens to force such kind of tyrannical rules to obey the law because the rules also control the nation’s defense force group like police and military. https://www.netsafa.navy.mil/ipg/judicial-process.htm
In a government governed by a constitution, the laws set should show the basic rights of its citizens to their property, liberty and life. It states that the government should have a responsibility to guard such rights. It also has the government’s power limitations shows the extent to which citizen’s lives cannot be interfered with by the government. Also it includes the ways by which the nation can be changed through the consent of its citizens. The constitution farmers in America borrowed some ideas from the British model and came up with a series of balances and checks so as to have protection against power abuse by the government. To avoid domination of powers by one sector in the government, powers are given to quite different branches of government. The two main power branches in a constitution include; the executive branch which has the responsibility of enforcing the laws, and the legislative branch which is responsible for law making. This information centers on the judicial branch system in the United States government (Young, 54). Although all other nations have laws and rules governing people’s relationships with each other, and other kinds of rules which govern human relationships like the custom, religion and accepted morality, the American’s judicial system appears to be a bit complex. The complexity is with the courts at different levels like in state, Federal County and Municipal bodies. It is not easy to understand the interrelationships although there are laws which clarifies jurisdiction and assigns responsibilities.
According to the judicial foundation system, nobody and nothing in the country can stand outside the law or above the law. In the United States, the penalty for running a red light in vehicles is same to the general or admiral because it is made for a season or private. The brief in the primacy of the law is basic to the citizen’s way of life. The law becomes the ultimate arbiter while the courts are its major guardians. The actions of all other government branches must have consistency with the laws. With regardless of citizens’ official status, social position, religion, wealth or political creed, they are all subject to the law. This acts as one major goal for justice in America. The court ensures same law enforcement upon the powerless and the powerful. Due to this reason the courts and the law are said to be the fundamental guardians of equality life in United States. What is more important with American Judicial system is that, once an individual is accused of crime, he or she is regarded as to be innocent until when he is proved guilty in the courtroom. This implies that, the burden of proof is left to the prosecutor, the accused victim requires not prove his or her innocence (Young, 54).
Once a person has been accused in law violation, the law insists that such an individual be tried by a jury. These juries are made up of just ordinary citizens who are chosen to serve temporarily in court to listen to the evidences in case where by they decide whether the accused is innocent or guilty. They are not official government. In United States, judiciary is a quite separate branch of government. Besides the fact that judicial system is subject to the same types of balances and checks as for the case in legislative and executive branches, it is not controlled by either of them it implies that, courts are not in any way influenced by the executive and legislative in their duties. Their courts are perceived to play an important role in their activities to shape the public policy. They are seen to provide judicial legal interpretations for both civil law and criminal law. More so, they shape legal policy through appeals and trials (Harper 1998).
After adoption of the constitution in 1989, the federal and state courts have used the power in declaring an action at the executive branch or legislature as unconstitutional thus making them null and void. Generally, the American courts are no only important because of justice administration but also due to shaping public policy. According to many people it is perceived that American justice is very slow. Yes it is true that the dockets of court are very full but all these aims at fairness in justice. The judicial system of America is an integral system where by the people’s rights are protected against government interferences. Due to judicial system body being set as an independent body, it is true that justice is being administered in light of the court room work groups and assembly line justice. According to the citizens, this is a very good thing because there is no difference between poor and rich in the law administration.
- Young, E. (2005).Institutional Settlement in a Globalizing Judicial System. Duke Law Journal 54.
- Harper J, (1998 June 7). Collections: Judicial Watch Keeps Stern Watch on Court’s System, Clinton. Religious Studies, Philosophy, History, Psychology, and Library.
- Vaughan, B. (2003). The Evolution of Louisiana’s Judicial System. From Chaos to Continuity.69, 1712-1862.
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