FACTORS THAT CAN INFLUENCE JUSTICE IN AMERICA
Ivy Tech Community College
Factors That Can Influence Justice In America There are several factors that can influence justice in America. I find that you can read and look up information all day on justice in America as far back as history goes. The constitution of the United States and the Supreme Court help set laws and regulations of factors that influence America. Factors that can influence justice in America can vary in topic from race, crime, prisons, policing, even courts.
Organized crime is one of the factors that can influence justice in America. Organized crime may be defined as systematically unlawful activity for profit on city wide, interstate, and even international scale. Crime organizations keep their illegal operations secret, and members confer by word of mouth. Gangs sometimes become sufficiently systematic to be called organized. The act of engaging in criminal activity as a structural group if refined in the United States as racketeering (u-s-history.com).
The criminal organization depends in part on support from the society in which it extends. Therefore, it is frequently expedient for it to compromise some of society’s upright members – especially people in the judiciary, police forces, and legislature – through bribery, blackmail, and cultination of mutually dependent relationships with legitimate business. Thus a racket is integrated into lawful society, shielded by corrupted law officers and politicians – and legal counsel. It’s revenue comes from narcotics trafficking, extortion, gambling, and prostitution, among others (u-s-history.com).
The Supreme Court is another factor that ensures justice in America. “Equal Justice Under Law” – These words are written above the main entrance to the Supreme Court building, express the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the nation for all cases and controversies arising under the Constitution of laws of the United States. As the final arbiter of the law the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution (supremecourt.gov).
The unique position of the Supreme Court stems, in large part, from the deep commitment of the American people to the Rule of Law and to constitutional government. The United States has demonstrated an unprecedented determination to preserve and protect its written Constitution, thereby providing the American “experiment in democracy”, with the oldest written Constitution still in force. The Constitution of the United States is a lawfully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s rights to freedom (supremecourt.gov).
The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or execute actions which it the court is considered judgment, conflict with the Constitution. This power of “ judicial review” has given the Court a crucial responsibility in assuring individual rights, as well as maintaining a “living constitution”, whose broad provisions are continually applied to complicated new situations. While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of the document. Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions. Moreover, many of the founding fathers expected the Supreme Court to assume the role in...
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