The Judicial System

The Judicial System
Donna Sarvis
CRJ 201 – Introduction to Criminal Justice
Instructor – Michael Pozesny
July 29, 2013

The Judicial System
In the United States the criminal justice system consists of three branches, Judicial, Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches, this paper will discuss and clarify exactly what the Judicial Branch is and its varying duties. The judiciary system is judged to be the court system within the criminal justice system which would entail the trial, appellate and the supreme courts. Each court has its own individual employees working within it, and within the Judiciary. Each court case should involve not only the judge, but also the prosecuting and defense attorneys, the defendants, and witnesses. This paper will discuss the differences in which these entities execute their duties within this branch of the criminal justice system. There are many various reasons given as to why individuals will end up encountering the judiciary process, the most common being that they have been charged with committing a crime. Theories suggest that individuals commit crimes for various reasons and that there is always a reason behind every crime that is committed.
What are the reasons behind a person who commits a crime, there are many reasons given, some lean toward the theory that it is a learned behavior, other cite lack of money, lack of food, gang affiliations, and lack of employment. Eric See (2004) had stated that, “rational choice theory can be traced back to eighteenth-century philosopher CesareBeccaria, this theory adds a new aspect that accentuates the developing role of the economist in criminological thought while the stress is assigned on the anticipated prize for committing a crime, and additional related costs and benefits encompassing criminal activity” (par 1). The outcome of this philosophy reasons that most crimes are committed with the expectation of obtaining a form of compensation for committing the crime. Several theories project that criminals live a criminalistics lifestyle because; their behavioral actions actually are generated from their genetic inheritance, in addition that they have a biological predisposition to commit crimes. While this may be considered as one origin others view it in a different way. Freud’s theory suggest that an individual’s id, ego and his or her super ego plays a part in why an individual grows to learn that he or she can receive fulfillment and or enjoyment from committing a crime. So, not only does an individual learn that he or she can receive a reward for doing so but, he or she can also receive gratification out of doing it. Individuals all will have their own personality which can be described fundamentally as being that individuals characteristics of his or her emotional state, feelings, and thoughts. The individual’s biological condition is fundamentally decided by the individuals’ biological aspects that can be traced to their hereditary nature and is handed down from one generation into the next generation. The personality characteristics that are governed by their biological elements would include the individuals inborn urges are chiefly activated by the pleasure principle, implying that the individual will act upon impulse because they seek instantaneous fulfillment.
According to Bhalerao, “Certain human moods, emotions and behaviors are caused by body fluids, blood, yellow bile, black bile, and phlegm, which he referred to as "humors". Whereas Galen (AD 131-200) was responsible for developeing the first typology of temperament in his dissertation De temperaments, and his search focused on the physiological reasons for different behaviors in humans.”(Bhalerao, 2011) He had also remark on the fact that, “Hans Eysenck (1916–1997) was one of the first psychologists to analyze personality differences using a psycho-statistical method which was referred to as factor analysis, and his research led him to believe that temperament is biologically based.” (Bhalerao, 2011) He additionally proceeds to declare that, “temperament is a characteristic combination of bodily, mental, and moral qualities, which together constitute the character and disposition of an individual and predisposes him to act and behave in a particular manner.” (Bhalerao, 2011) Consequently, with this being supposed, the temperament and biological approach is primarily directed to how an individual develops their personality through biological factors. It can also be surmised that individuals are able to develop their own individual method of character owing to environmental factors. According to Bhalerao, “Each child develops certain behavior or habits, which are quite often out of proportion” (Bhalerao, 2011). With that being acknowledged, an individual’s personality can conceivably be the result of a multitude of various influences. It can also be a combination of both biological factors as well as self-personality trait developments. This could be one explanation as to why a segment of individuals will perpetrate offenses which will put them in a position to learn firsthand exactly what the judiciary system is used for.
According to the White House, “the Judicial Branch is made up of the Supreme Court and other courts; The Supreme court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the constitution. The Court 's caseload is almost entirely appellant in nature, and the Court 's decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court also has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states. This branch will in fact do reviews of court cases that come in front of the courts. This means that the courts will look over court cases, and determine what sentence should be imposed upon the guilty defendants. If the defendant has been found guilty or pleads guilty, he/she will be sentenced by the judge. This court also has to explain what rules and regulations apply to each and every case that comes before it. The government will impose the rules and regulations, and it is the responsibility of the judicial courts to interpret those laws, rules and regulations through the court hearing. It is stated on the 3 Branches of Government site that, “the judicial branch of the United States government is responsible for interpreting and explaining the constitution through a series of court hearings and rulings and this consists of three levels of courts: the Supreme Court, magistrate courts and municipal courts” (3 Branches, 2013). Therefore, it is the duty of the courts to follow the government’s orders in which they have to enforce the rules to make the people uphold the laws of the United States. Also these courts have to make sure that societies constitutional laws have not been violated in the process of his/her being accused, charged and brought before the courts. Marolyn Scott (2001) mentioned that she was, “under the impression that people are innocent until proven guilty” (Scott, par. 1). Consequently, no individual can be deemed guilty unless they have been found guilty by a jury of their peers in a court of law. Evidence has to have been presented proving beyond a reasonable doubt that the individual is in fact guilty of committing the crime prior to being sentenced for the crime for which they have been charged. There is a specific judicial procedure that the accused has to have been processed through prior to being found innocent or guilty. Every United States citizen is entitled to his constitutional rights which cannot be ignored, regardless of the implication of their guilt.
Although the judicial courts are supposed to help protect people’s civil rights, they are not always capable of doing so. There are a lot of peoples civil rights that have been violated based upon discrimination in the criminal justice system. The New York Times mentioned that a man by the name of John Pratt had helped in the process of shaping the definitions of discrimination and etc. (1995, par. 1). The saying goes that every individual is innocent until proven guilty by the courts which consist of their own peers. There is a process in which every individual has to follow within in the court system such as arraignment/first appearance, a preliminary hearing, and jury trial. The manner in which various law enforcement officials deal with individuals prior to being found innocent or guilty is inappropriate. There are a few law enforcement personal who treat the individuals as if they have no rights and are considered guilty from the onset, regardless of the fact that they may be innocent. While the judiciary system and its rules are there primarily to protect individuals from this type of treatment, it cannot prevent every law enforcement official from behaving towards the individual as if they have already been found guilty.
The judge, attorneys, and the prosecutors are the main individuals that handle the cases that come before the courts. Each one of these individuals has to take an oath prior to becoming a member of office. When an individual comes in front of the courts to face the charges that has been placed against him/her, the courts has to treat the individual without being discriminatory against the individual regardless of the individuals sex, race, religion, class, creeds, and etc. The Amendments written into the constitution has been done to help deter this type of behavior from happening within the judiciary system. In order for a decision to be rendered, the prosecution, and defense attorneys has to both present the evidence before the courts prior to making a final decision. This can sometimes be a complicated decision to make based on the fact that not all evidence is rendered over to the prosecution. The New York Times mentioned that a man by the name of John Pratt had helped in the process of shaping the definitions of discrimination and etc. (1995, par. 1). The saying goes that every individual is innocent until proven guilty by the courts which consist of their own peers. There is a process in which every individual has to follow within in the court system such as arraignment/first appearance, a preliminary hearing, and jury trial.
According to Sparks site it states that, “the Legislative Branch (Congress) makes the laws, the executive branch (the president) enforces the laws, and the judicial branch (the courts) interprets the law and each branch functions independently from the others, possessing its own powers and area of influence.” (Sparks, par. 1).These branches were separated as one to prevent the other branches from becoming so powerful to the point that they could overwhelm the other branches. Therefore, these branches were separated in order to equal out the power. According to Boyer (2010), “judicial duty is the obligation of a judge to decide cases according to the law of the land, [and] it is not a doctrine of renunciation and restraint [and], like judicial review, the ideal of judicial duty contemplates that the judge may, upon occasion, be required to hold statutes unconstitutional” (par. 3). Therefore, a judge may find that certain constitutional statutes may be wrong, and therefore, should be changed upon certain circumstances.
The Judge assigned to the case could possibly slide towards the unethical in his or her decision making, as to what sentence a convicted entity should receive. The judge’s decision absolutely cannot be founded on anything but the facts presented at the time pertaining to each individual case. As long as the judge follows the letter of the law for his decisions, then the decisions made will be based on the facts of the case and not any other aspects. Sentencing laws are predetermined within the law and are precisely worded as to the amount of time limits and frame for which an individual can be sentenced for committing certain crimes. In previous times sentencing was left up to the official and would be in today’s world considered as cruel and unusual punishment, that is why in today’s justice system there are “case law” which can be researched and help the judges refer back and determine what punishment can be used to sentence the criminal and keep within the rules set forth in the Constitutional Amendments. Case law and all its amendments are the fall back used by judges in order to prevent the making mistakes in sentencing and to make sure the judge cannot disregard or violate the individual’s personal rights. During the sentencing phase, only the most current criteria can be used to help determine sentences, the judge cannot summarily decide to sentence the individual based on personal preferences.
Judges need to consider a number of different points prior to the sentencing an individual. He or she should always consider whether there had been any inadvertent injustice or deliberate victimization of the criminal justice system. This requires that all elements of a case have be examined to determine that the accused rights have not been violated, or neglected by law enforcement officials or any other responsible authority. Inadvertent injustice necessitates that an individual primarily disregarded their obligations and continued their professional obligations with lack of diligence. Definitely this signifies the individual acted upon a course of action without considering what the consequences would be. An example would be that an individual neglected to aid another during a time of trouble, causing that individual injury due to the primary individuals neglect. Unfortunately law enforcement personal can and has victimized offenders intentionally, due to their personal belief in the offender’s guilt; this will cause a controversy in the judiciary’s case against the offender. When an officer brings about deliberate victimization and harm to the offender through taking control of a situation in which they unlawfully and, intentionally perpetrates a harmful act against another person by using excessive force, it can and will cause a conflict with in the legal system and could conceivably be the reason a criminal who is guilty can be set free. According to the United States Constitution, every individual has certain rights, to be treated fairly is just one, and granted a speedy trial by their peers without bias is another. Our country’s judiciary system was put into place to prevent unequal justice from being placed upon any individual regardless of the crimes in which the individual committed. Just as there is a difference in the responsibilities of which the judges and attorneys are responsible for, there are many reasons as to why individuals commit crimes. It is the job of our judiciary system to decide if the criminal deserves rehabilitation or punishment.

References
(2012), The Judicial Branch, The White House Washington, Retrieved from http://www.whitehouse.gov/our-government/judicial-branch
Belluck, Pam (1995) New York Times: John H. Pratt, 84, Federal Judge Who Helped
Define Civil Rights. Retrieved from http://search.proquest.com.proxy-library.ashford.edu/docview/430295598/13D28E1B5D14195C8E1/1?accountid=32521
Bhalerao, Rupali (2011) Understanding Children Temperaments in Prescribing. Retrieved from http://www.researchgate.net/publication/230674692_Understanding_Children_Temperaments_in_Prescribing
Boyer, Allen (2003) Texas Review of Law & Politics14. 2. Retrieved from http://search.proquest.com.proxy-library.ashford.edu/docview/742476189/13D28A917B84B65DFDA/8?accountid=32521 See, Eric (2004) Criminological Theories: Introduction, Evaluation, and Applications. Retrieved from http://roxbury.net/images/pdfs/ct4ssg.pdf
Marilyn Scott (2001) Sault Star: Innocent until proven guilty. Retrieved from http://search.proquest.com.proxy-library.ashford.edu/docview/348469815/13D28DAE0D372C15E92/7?accountid=32521 Sparks (2012) The Founding and the Constitution retrieved from
http://www.sparknotes.com/us-government-and-politics/american-government/the-founding-and-the-constitution/section3.rhtml

References: (2012), The Judicial Branch, The White House Washington, Retrieved from http://www.whitehouse.gov/our-government/judicial-branch Belluck, Pam (1995) New York Times: John H Define Civil Rights. Retrieved from http://search.proquest.com.proxy-library.ashford.edu/docview/430295598/13D28E1B5D14195C8E1/1?accountid=32521 Bhalerao, Rupali (2011) Understanding Children Temperaments in Prescribing Boyer, Allen (2003) Texas Review of Law & Politics14. 2. Retrieved from http://search.proquest.com.proxy-library.ashford.edu/docview/742476189/13D28A917B84B65DFDA/8?accountid=32521 See, Eric (2004) Criminological Theories: Introduction, Evaluation, and Applications. Retrieved from http://roxbury.net/images/pdfs/ct4ssg.pdf Marilyn Scott (2001) Sault Star: Innocent until proven guilty http://search.proquest.com.proxy-library.ashford.edu/docview/348469815/13D28DAE0D372C15E92/7?accountid=32521 Sparks (2012) The Founding and the Constitution retrieved from