The criminal justice system denotes all organ and agencies of the federal and state governments that enables these governments to avert, deter and punish crime. The crime problem is a critical phenomenon in society and all the requisite stakeholders should ensure that they pull resources together to address it effectively. The policy of an agency that directly or indirectly affects other agencies should be made with regard to those agencies. Therefore, the federal and state government, and other agencies tasked with the responsibilities of combating crime are interdependent on one another, in matters pertaining their role in the complete and effectively implementation of the criminal justice policies. The fundamental framework of the justice criminal justice system is executed by the three arms of government; namely the legislature, the executive and the judiciary.
This paper will address policy issues with regards to the federal and state governments. The discussion will canvas the existing roles of these two governments and their role in implementation of the criminal justice system. The paper will grapple with the similarities and the differences that the various agencies face during policy development and implementation, as they seek to attain social control, mitigating and deterring crime. Policies are essential to ensure the smooth, efficient and effectively running of government. With the requisite security policies, keeping the country safe and secure would be a tall order. They enable public servants and state officers make decisions that are in line with the government of the day.
The federal government deals with matters that are beyond the jurisdiction or the capacity of state governments. For example, federal law is mainly concerned with the control and regulation international trade, management of the armed forces, matters that affect the currency, establishment and subsequent running of courts and how to manage foreign affairs relations. These laws are protected and enforced by federal courts. A typical illustration of this phenomenon is that federal bankruptcy courts are designed specifically to handle all bankruptcy cases. On the other hand, state courts get tasked with the responsibility of handling all criminal and civil cases with their territorial jurisdiction. They have the requisite power and authority to enforce the law to achieve this objective. In other words, state governments have a constitutional requirement to institute and empower their own agencies and government systems that are operational and effective. On the other hand, the federal government has the mandate to lead at the front with regards to policy issues. The state government are expected to fill the bones with flesh. For example, state governments are free to hold free and fair elections and create and manage any justice system for the purpose of attaining justice, with regards to the overriding objective. The state governments get represented at the federal government by elected officials from these states. It is also an acknowledged principle of good relationship between the state and federal governments for each government to respect and uphold the legal domain of the other government. They federal government, precisely, avoids interfering with the state government with regards to implementation when practicable. State laws get enacted, amended and repelled by locally elected officials. The federal government delegated the powers to take care of the citizens’ welfare to state governments. Therefore, civil matters pertaining regulation of borrowed money and policies with regards to provision of various utilities are responsibilities of the state governments.
Criminal law jurisdiction of these two governments is more complex. The line between the distinctions of jurisdictional powers is extremely thin and in most cases difficult to distinguish. For example, when a person robs a bank he commits a federal offense. He is charged in a federal court. However, is a person is driving while under the influence of alcohol, he commits a state offense charged at state courts. The smuggling of illegal substance in the country is also an offense against the federal government.
When a state wants to depart from the norm, it enacts its own legislation that affects the residents of that particular state. However, in numerous federal and state issues, start by enacting the requisite rules. These rules order the various agencies to carry out specific responsibilities to enforce certain action in order to attain, maintain and promote justice. In the recent past, the federal government has played a more participatory role in policy formation with regards to the criminal justice polity. Traditionally, local authorities had the mandate to create policy and subsequently implement it to the letter.
Local and state governments always bear the greatest responsibility with regards to the criminal justice merits and demerits. This is cardinal because it is them that are responsible on how state criminal courts, correctional facilities and related systems, and law enforcement departments operate and manage their resources. The constitution is clear on the mandate of the federal government. Currency, tax and international commerce are the cardinal points where the polity of the federal government is exclusive. It also manages other law enforcement regimes including the federal prison department.
The criminal justice department is an extremely critical component of any government. Therefore, implementation of policies that affect this system should be inclusionary in character. Essential issues to be covered by policy include drug control, gangs and organized crimes, terrorism, gun control, illegal immigration, juvenile crime among many emerging challenges facing our country today. Both the federal and state government should work hand in hand to keep the country safe and secure.
References
Cole, G. F., & Smith, C. E. (2007). Criminal Justice In America. New York: Cengage Learning.
Shahidullah, S. M. (2008). Crime Policy in America: Law, Institutions, and Programs. New York: University Press of America.
Cole, G. F., Smith, C. E., & DeJong, C. (2012). The American System of Criminal Justice. New York: Cengage Learning.
