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Example research essay topic: Criminal Justice System U S Supreme Court - 1,892 words

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... variety of enforcement situations confronted by the criminal justice system. 3. The officer who arrives first at the scene makes the determination of probable cause or reasonableness, then litigation at a trial court level and then by appellate review if necessary. 4. Legislative procedural laws have been limited to police activities and trial court stages of the criminal justice process up to sentencing. Some legislatures are interested in all procedural matters, including the processing of inmates, probationers, and parolees. 1. (Answer to question 5) What is the third major legislative function with regard to crime control authority and how is this third function defined? (P. 100, first subhead: definition-first para, lines 1 - 3) Authorizing budgets for crime control efforts is a very important legislative function. Not only is this a power where legislative authority is supreme but, by granting or withholding funds, legislatures can limit the exercise of agency discretion. 2.

Due to the fact that legislatures are becoming more liberal with funds as crime problems have had a greater political significance, few of the agencies have become adequately staffed and supported. 3. Discrepancies may also exist in funding within the criminal justice system because of different legislative bodies and different tax bases that are responsible for monetary support. 1. (Answer to question 6) What is the fourth major legislative function with regard to crime control authority, and how is this forth function defined? (P. 100, subhead; third para. Lines 3 - 5) Legislatures also have additional powers that impact on criminal justice. The investigatory power of legislative committees is a function that occasionally assumes major significance. Legislatures have impeachment power over certain criminal justice participants, including prosecuting attorneys, although impeachment is a cumbersome and rarely used procedure. 1. (Answer to question 7) What are, in sequence, the four major functions of the executive in crime control authority or criminal justice system? How is each function defined? (P. 100, para. 6) The four major functions are the following: a.

Appoint personnel, including judges, boards and commissions, and directors of major criminal justice agencies. b. Introduce legislation, requests for new programs, and submission of executive budgets. c. Directly intervene in the criminal justice process through powers of pardon or commutation, the creation of investigator commissions, the appointment of special prosecutors, and the removal of incompetent officeholders. d.

Give direction to crime control efforts by proposal, persuasion, and skillful application of political pressure using the power and prestige of his or her office. 2. (Answer to question 8) There are three factors discussed as to how effective or ineffective an executive is in shaping criminal justice. What are, in sequence, these three factors? (P. 100 - 101, last para. ) The three factors in shaping the criminal justice system are: a. The effectiveness of the executive in shaping the criminal justice system depends on part on individual style and the extent of interest a particular individual holding the executive office shows in crime control matters. b. Some executives have strong opinions about certain issues, such as the death penalty, and may push vigorously to exert a personal influence on the legislature, the courts, and the agencies.

c. The function of the executive also varies according to the opportunities available, particularly with respect to the appointment of personnel. 3. (Answer to question 9) How specifically can an executive use a veto with regard to the criminal justice system? (P. 101, third para. , lines 1 - 5) An executive can use a veto with regard to the criminal justice system by One important function of executive power is veto, an example of the checks and balances built into our system of government. Even if rarely used, the veto tends to restrain legislative excesses. The executive may veto any legislation, whether it deals with definitions of crime or fund allocations. Though the veto ultimately may be overridden (usually two thirds vote of the legislative bodies is required to do so), this is a difficult and cumbersome process, particularly if there is no single-party domination of the legislature. 1. (Answer to question 10) How does an appellate court differ from a trial court? (P. 101, last para. , lines 1 - 5) The appellate court differs from a trial court in that is doesnt conduct trials. They act only on appeals of lower-court decisions.

The appellate process relies on the records of lower court proceedings, responding to briefs submitted by petitioners and government lawyers. Higher courts normally do not directly with defendants; moreover, except in very unusual cases, they do not review the factual evidence brought out at trials. 2. A jurisdiction may have an intermediate appellate court which hear appeals from trial courts, within a particular region of the state, encompassing countries, or it may have a federal system which handle appeals from district courts in one of 11 federal circuits. 1. The U. S. Supreme Court has a writ of certiorari-a request for review-and the court may deny this without reason.

Denial of certiorari may not mean the justices find the case lacks merit, but rather that they do not think its implications are broad enough to affect the law of the land; or denial may indicate that the Court does not wish to consider such matters at this time. 1. (Answer to question 12) Should the legislatures or the appellate courts dominate in law reform? (P. 102, para. 4, all) The controversy between legislatures and appellate courts is not limited to the judicial review of the constitutionality of statutes. Another important issue is whether legislatures or courts should dominate in law reform. The intensity of this sedative, interpreting laws as cases arise, holding to the judicial principle of stare decision, and being unwilling to take the lead is shaping laws or defining legal procedures. 2. There have been seven opposing trends in the relation ship between executive, legislative, and judicial involvement in the criminal justice system. The following are the opposing trends: a. Increasing legislative involvement in criminal law policy.

b. Chief executives, an especially U. S. president, to attempt to curb the judicial activism of higher courts so evident in recent decades. c. Each opening on the U.

S. Supreme Court now meets with vigorous debate and political maneuvering by liberal and conservative forces to endorse a new member who would presumably support the philosophy of law espoused by those doing the maneuvering. d. One of the powers of the executive is to appoint members to the lower appellate courts to life terms. e. The court lower courts tend to have a source of authority for the criminal justice system that is independent from political pressure from the public and branches of government. 1.

Traditional crimes are processed in a number ways that may be originated by: a. A complaint or call for help made to police. b. Routine police patrols, other forms of surveillance, and the stopping and questioning of suspicious people. c. Police searches for violations, as in placing wiretaps on the phones of suspected gangsters or the use of undercover cops to investigate the drug subculture. 2. (Answer to question 13) Why is full enforcement of the law a myth? (P. 103, para. 3, last six lines) Full enforcement of the law is a myth due to selective enforcement.

Police discretion (judgement as to alternatives in enforcement) is exercised by the police agencies as a whole and by each individual police officer. Reasons for police discretion range from community expectations of sensible enforcement to police efforts to achieve desired purposes without using the entire justice process-for example, handling drunks by helping them or warning rather than arresting those violating minor laws. 3. The primary reason why the myth of full police enforcement exists is that legislatures and courts have refused to sanction police discretion, which in turn puts police officials in a defensive position. 4. To appease police discretion discrepancies departments have attempted to develop policy guidelines for the exercise of discretion. 1. (Answer to question 14) Regarding the prosecutors authority, what is the range of such authority? (P. 104, second para. , lines 1 - 4) The prosecutors authority is the use of prosecutorial discretion is clearly broad in scope, ranging from the power of note prose qui (a decision not to initiate prosecution even with sufficient evidence to do so, sometimes abbreviated to nol pros) to the selection of specific charges to be leveled against any defendant. 2.

The prosecutorial process is really a series of decisions, ranging form the deciding whether to prosecute at all to determining the number of and specific charges to be presented to a grand jury or judge at a preliminary hearing. 3. If the decision was not to prosecute it is virtually uncontrollable, short of evidence of corruption or other forms of malfeasance on the part of the district attorney. Decisions to proceed to prosecution are subject to be screened by grand juries or judges at preliminary hearings. C. Trial Court as a Criminal Justice Agency 1. (Answer to question 15) Why is trial court also an on-line criminal agency? (P. 104, first para.

Under Trial Court subhead) Trial court is also an on-line agency Although it has the title court, in operational term a the trial court, presided over by a judge, is an on-line agency for the processing of accused offenders and the sentencing of those convicted of criminal activities. The police and the prosecutor move cases along the assembly line of justice and the court stamps individuals convicted and moves them along to correctional agencies. 2. The judges duty other than formal duties at trial and sentencing is also to be responsible for court personnel, from clerks to probation officers. 3. In statutes are fixed, such as, mandatory sentencing for certain crimes, the judge is usually granted the authority to choose among several sentencing alternatives. 4. Judges are delegated discretion to choose the following: a.

Types of sentences (fines, probation, or imprisonment). b. Conditions of sentence (particularly rules of probation 0. c. To fix minimum or maximum lengths of prison sentences within the outer limits set by statute. 5. In trial court the judge must rely on the impartial analyses of evidence and will arrive at their own decision on their own professional basis using their skills as lawyers and jurists.

VII. RELATIONSHIPS AMONG ON-LINE CRIMINAL JUSTICE AGENCIES A. Social Values Served by Variations in Criminal Justice Organization 1. There are six differences between an on-line criminal justice agency and a traditional complex organization, in sequence, they are: a. Presence or absence of central authority. d.

Labor pools and interchangeability of personnel in each agency. e. Patterns of personnel selection and recruitment sources. f. Amount of citizen involvement in agency decision making. 2.

There is another way to depict the criminal justice process, which is to look at it as an ever-narrowing funnel that screens offenders. 3. Efficiency is the only goal of the criminal justice system. The governmental separation of the powers of the legislative, judicial, and executive branches supports our political philosophy of pluralism and freedom, so the mix of agencies and personnel serves values that we espouse as well. 4. A more uniform, better organized system could probably be achieved only by diminishing citizen control and forfeiting local autonomy and some individual rights. (P. 107, para.

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Research essay sample on Criminal Justice System U S Supreme Court

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