Introduction
Legislature is a form of government wing that is responsible in making laws. Often the legislature is composed of the congress and the president who ratifies any amendment proposal before becoming a law. The criminal justice system of the United States helps in governing peoples’ rights by maintaining law and order in the country. If any parties are responsible in going against the laws of a given country then one is considered a criminal or violator of the law (Faulkner, 2008, p.109). Thus the criminal justice system is made up of various components which work hand in hand to enhance peace and by promoting justice in the country. In United States there is a fundamental theory that one is innocent till proven guilty by the court of law. As a democratic company, everyone is entitled to freedom. Hence, the accused law violator has the right to face fair and just trial in the criminal justice system (Burns, 2006, 38). This is to make sure that either side of the case, the accuser and the one being accused, will not only get a fair trial but also no one is treated unjust. Thus is clear that the United States Criminal Justice system is a backbone to enhancing law and order in a country.
1. Law Enforcement
When laws are made some one has to make sure that they are followed. Hence, the police force is responsible for law enforcement in a country. Persons, who break or undermine the laws of a country, are both arrested and taken to courts. This is known as exercising criminal justice system. However, it is important to note that various crimes have a heavier weight than others in that some crimes can be resolved by a police officer while others one has to go through trial and court to decide their fate. For example, some crimes such as speeding, the police can easily resolve this by giving a ticket or a warning (May, 2007, p.56). If one agrees one paying the speed ticket then one does not have to court. However, when one resists their own act then they can go to a court trial where the matter can be resolved. On the other hand, crimes such as armed robbery and burglary are considered a heavy or serious case. This is because the robbers will have put someone’s life at stake. Hence such matters, they have to go to the court where their destiny is determined in that they can be sentenced to prison or any other punishment like house arrest.
2. Importance of having courts in place
The court system is divided into three different stages and one is responsible in choosing how further you can go on the case. While pushing up the ladder, the more the cost to hire lawyers and more time is wasted. These three stages include; court trial, court case and the jury. Minor law offenders normally go for a court trial where they are given their sentence punishment while others go to a court case if the plead not guilty(Hess, 2011, p.30). This is because the arresting officer has to show evidence that the one being accused has broken the law. Lastly, the jury listens to a case that has been appeal by the law offender and the jury takes the time to decide on what fair and just while still exercising civil rights.
There are various steps taken when an offender of the law has been entered into legal system by the police. The law offenders have to be taken to the court where they will have a trial. During the trial, the arresting officer has to have enough evidence to prove that the criminal is guilty(Burns, 2006, 49). Hence, if the prosecutor decides that the cases are too weak to build a case then the charges are dismissed making the offender a free man. However, it is usually considered a strong case where for example the violators have endangered other peoples’ lives or rather committed murder.
This is then taken as a court case where the judge will decide the fate of the violator (Hess, 2011, p.47). It is important to keep in mind that an individual is considered innocent until proven guilty by the court. The court system uses laws written in the constitution to persecute a criminal. Once again the arresting officer presents the case to the court with any evidence or witnesses against the violator. However, violator has the right to plead guilty or not guilty. If one pleads guilty, the judge gives the verdict of what punishment the violator gets. Nevertheless, if violator pleads not guilty then a full trial will have to proceed till proven guilty of the charges pressed against the violator.
3. Importance of having a reliable and impartial Jury
A jury is then put into place where both the law violator and arresting officer can tell both sides of their stories. It is important to note that cases taken to the jury are usually for appealing. The jury is a third party that is involved in the legal system as they are part of the judicial system. The jury listens to the presented case and helps to figure out if the violator is guilty and what kind of sentence should they give after hearing and deciding the fate of the law breaker (Gertz, 2012, p.59). If the law offender is proven guilty, which occurs in many cases, the judge prescribed the sentence punishment to the criminal. On the other hand, if the case does not have enough and sufficient evidence to show the crime committed then the case is dismissed and the accused is let free.
4. Analysis of current structure of Criminal Justice System
Laws and regulation serve a huge part in making a country democratic. This is because laws protect both majority and the minority in a country. Laws in the country make everything effective in that citizens are not worried of their lives in that they can easily call for help from the police whenever needed. Laws protect us and ensure peace in the country. In addition, the judicial system is usually free in that no one has the power to control the judiciary. This means that it is hard for anyone to interfere with judiciary in reinstating required laws. It is also a wing of government that is responsible in enforcing fairness as well as taking care of rights and freedom of individuals involved(Gertz, 2012, p.95). It is clear that though one may be accused of being a law offender, one can still exercise their rights such as the right to remain silent. However, in a criminal case where a party has violated the criminal laws of a government, the violator is taken to the jury where they decide if the party is guilty or not. If found guilty, the accused party is obliged to serve sentence given to him by the jury or the court of law.
5. The law making process
Laws are of key importance especially for a country to be democratic. The congress has a right to amend or enact new laws which must be favored by at least 50%of the House of Representatives. If the law is supported by half of the house, the president can sign to make it a law or he can decline and has to give reasons why he does not favor the law. However, enacting a new law is usually slow in that it is tabled for 30 days before the House discusses the legibility of the bill. These bills must favor the citizens of the United States or suite community standards. Laws made should suit community standards as well as protect the majority or minority rights(Hess, 2011, p.62). In criminal law, Miranda rights are usually exercised where an accused person has the right to remain silent or it can be used against the person in a court of law. This means that any accused person can choose not to answer any question during interrogation by the police as they have the right to do so. Another example of Miranda rights is that you can ask for an attorney during any interrogation and if the accused cannot afford, then one can be provide for free by the government(May, 2007, p.84). This is because any information he may answer may and will be used against him when proceeding to the court. Officials ensure that the accused is aware of their rights and that it is up to the accused to answer any questions asked. Miranda often works best if one is just a suspect since the police cannot prove if the accused is guilty. This shows that through laws of a state, individual rights are well taken care of.
6. Conclusion
In conclusion it is evident that criminal justice is a just procedure where parties retain their rights unless proven guilty by the court of law. Anyone who is found guilty is responsible to serving their sentence or punishment. However, the accused can appeal if they feel discontented about the judgment. This means that for a person to enjoy their rights, then laws have to followed and made in order to protect the minority. It is also evident that laws of a country keep everyone on toes by making sure no one has undermined anyone and that people have their rights and freedom.
References
Faulkner, D. (2008). The Criminal Justice System: An Introduction. New
Hampshire: Waterside Press.
May, D., C. (2007). Corrections and the Criminal Justice System. Ontario,
Canada: Jones and Bartlett Publishers.
Gertz, M., G. (2012). The Criminal Justice System: Politics and Policies.
Washington D.C: Cengage Learning.
Burns, R., G. (2006). The Criminal Justice System. New York: Prentice Hall.
Hess, K., M. (2011). Constitutional Law and the Criminal Justice System. New
York: Wadsworth Publishing.
