CJ 112 Project One_CarverMichelle
rtf
keyboard_arrow_up
School
Southern New Hampshire University *
*We aren’t endorsed by this school
Course
112
Subject
Law
Date
Feb 20, 2024
Type
rtf
Pages
4
Uploaded by mmcarver22
Project One
How the Criminal Justice System Works in the United States
The U.S. Constitution
The United States Constitution, which was drawn up in 1787, ratified in 1788, and entered into effect in 1789, is the oldest known written charter of government in existence to this day.
"We the People," the first three words of the declaration, declare unequivocally that the objective of the US government is to serve its people (Constitution of the United States 2023). It creates laws, grants rights and prevents the federal government from infringing on those rights. The United States Constitution defines the structure and powers of the government in seven articles, including a preamble. The legislative (Congress), executive (the President's office), and judicial (the Federal court system) branches of government are outlined in the first three articles along with their respective authorities. Any one of these distinct powers cannot become dominant due to a system of checks and balances. Articles four through seven define the ratification and amendment procedures, establish the Constitution as the ultimate law of the land, and explain how the states are connected to the federal government (Constitution of the United States 2023). The Fourteenth Amendment provided that citizenship be granted to all persons “born or naturalized in the United States,” to be given “equal protection under the laws” (Constitution of the United States 2023). States could be punished by the government if they did not comply with allowing its citizens the right to vote and it made it illegal for former
Confederate states to pay back their war debts or make restitution to former slave owners for freeing their enslaved population. The Bill of Rights
The Bill of Rights has a great influence on criminal justice practices and policies. Following its ratification in 1791, the Bill of Rights outlined the rights of the American people and prohibited the government from violating them (Peak,2023). Four of the amendments deal specifically with criminal justice to outline procedural rights that affect criminal defendants, accused citizens, and prisoners. Individuals' rights are protected and upheld at each step of the criminal justice system, from the investigation through to the trial and sentencing. It protects a person's civil rights and liberties, such as their freedom of expression, of the press, and of religion. It developed standards for the due process of law and entrusted all powers that were not specifically granted to the government to the people or the states (Peak,2023). An Important Amendment
The Fourth, Sixth, or Eighth Amendment
The Fourth Amendment forbids arbitrary searches and seizures and mandates that government officials obtain reasonable suspicion before initiating an arrest or search. While specifics may differ between states, the general idea that people have a right to be free from government interference without a valid reason remains constant across every state. The Supreme Court has given police an extensive framework of what they can and cannot do in relation to searches and seizures. The Sixth Amendment protects the rights to a speedy, public trial, an unbiased jury, notice of the charges and their nature, the opportunity to cross-examine opposing witnesses, the availability of defense witnesses, and the appropriate legal representation. The right to
counsel has been interpreted most widely by the Supreme Court and the state must pay for the government to represent defendants in court. The right to counsel is only applicable during the phase of a criminal prosecution when the defendant's "substantial rights" are in jeopardy (James S. Arnold 2009). The Eighth Amendment hinders the enforcing of excessive fines, bail requirements, and unusually harsh punishments. A Real-World Example
·
Traveling internationally or domestically- individuals waive their 4th Amendment when travelling
·
Traffic Stop- Marijuana or a hand-gun in plain sight
·
Walking down the street, being stopped by an officer
·
Physical Assault- when an officer uses excessive force
·
Failure to Intervene- not stepping in when another officer violates someones rights
Examples of Restricted Criminal Justice Officials
·
Not enough evidence to prosecute
·
Needing a warrant or probable cause to arrest or search someone
·
Closed to the public courtroom Laws and Policing in a Democratic Society
The primary role of the police is to protect and serve citizens withing their area. In addition, it is always expected of police to be at the scene of every crime. Since everyone is closely observing what the police do, it is expected of them to be persistent enough to solve any case
that is assigned to them. Policing first came to England and criminal justice officials were referred to as sheriff, constable, coroner and justice of the peace. In 1829, Sir Robert Peel was appointed when Parliament passed the Metropolitan Police Act (Peak, 2023). From 1840s to 1930s, the Political Era occurred where there was difficulty in selecting recruits, lack of concern for choosing the right person and police corruption surfaced (Peak, 2023). The Reform Era occurred from 1930s to 1980s and was named that due to rejecting political involvement into the criminal justice system. Police officers were encouraged to live outside of their assigned area to limit any unwanted influences and create separation. The Community Era, 1980s to present is where we see today's common police practices, problem solving and doing what is best for the community (Peak, 2023).
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
In some cases the Bill of Rights or The Constitution are deemed to have such high importance, people choose not to interfere with the set rights. The concept of the rule of law holds that all individuals, groups, and organizations must abide by rules that are: openly announced; equally applied; decided upon independently; and compliant with international human rights standards (Rule of Law, 2023). References
Constitution of the United States. U.S. Senate: Constitution of the United States. (2023, August 7). https://www.senate.gov/about/origins-foundations/senate-and-constitution/
constitution.htm Peak, K. J., & Herold, T. D. (2023). Introduction to Criminal Justice (5th ed.). SAGE Publications, Inc. (US). https://mbsdirect.vitalsource.com/books/9781071848944
E-news - law firm James S. Arnold attorneys Loveland, Ohio. jarnoldlaw.com. (2009, November 24). https://jarnoldlaw.com/resources/e-newsletter/drug-violations/the-bill-of-rights-and-the-
criminal-justice-system/ Overview - rule of law. United States Courts. (n.d.). https://www.uscourts.gov/educational-
resources/educational-activities/overview-rule-law