Perhaps the oldest element of the criminal justice system are the courts. To be sure, it goes without saying that with the courts, the criminal justice system would cease to function (Kaci, 1998). One of the more commonly understood roles of the court in the criminal justice system is its involvement in the determination of the guilt of innocence of the defendant. In this role, the court stands a neutral referee in the contest between adversaries, namely the prosecution and the defense. In other words, the court enforces the procedural rules and regulations involved in the investigation and litigation of a criminal case. These procedures include such fundamental actions as beginning and ending of cases, or whether a case decided properly by a court below.
A second commonly known role of the court is that of the imposer of punishment. That is to say when a criminal case is resolved, it is the court that is tasked with imposing a punishment, or not, on the offender. While the defense and prosecution, as well as other parties can make their recommendations as to what the appropriate punishment should be; it is the court that must ultimately make that decision. In addition, even after imposing a punishment, it is the court’s responsibility to monitor the progression of the punishment and ensure that it is served according to the court’s terms or if it is not, what additional measures should be imposed to obtain compliance.
Third, the court essential for the administration of justice. The administration of justice here refers to the full range of issues and actions that are involved in the criminal justice system such as case fillings, case hearing scheduling, the open flow of information between the prosecution and defense, and the movement of defendants and offenders from jail to court. Moreover, in most states, the court also is responsible for the licensing and monitoring of all lawyers, including those that become prosecutors and defense counsel.
Fourth, the court plays an essential role in ensuring the fairness, equality, and justice of the criminal justice system. In this role, the court is tasked with balancing the needs of a range of opposites, including perpetrator and victim, jail and inmate, prosecution and defense. In balancing these interests, the court is relied to make decisions on the basis of fairness, and the law. As all other parties have adversarial relationships, the court is the one party that not only is expected to be neutral, but maintain a neutral relationship with all other stakeholders.
Fifth, the court has an outside supervisory role over the jails and prisons. In this manner, the court provides the offender with a means of relief in the event that jails and prisons abuse their authority to enforce the punishment. Without the courts, offenders would have few protections from abuse once a sentence is imposed (Kaci. 1998). Interestingly, the one is about the offender relief that the court has no power over is the Presidential Pardon. Under Article II of the Constitution, the president is given exclusive power to pardon any prisoners punished under a sentence imposed by a court. Moreover, a court has no authority to review or overturn a presidential pardon. In other words, courts have no role in the granting of a presidential pardons, and once a pardon is granted, a court most comply with its word and meaning.
Works Cited
Kaci, J.H. Criminal Procedure. Incline Village: Copperhouse Publishing Company, 1998. Print.
