The Role of Jurisdiction and Precedent in Criminal Law

STUDENT REPLIES

STUDENT REPLY #1 Kristin Esposito

Ethics should be factored into any major decision passed down by a court. The very definition of jurisdiction is the authority given to a court to decide cases in particular geographical areas. This means that the courts really have a heavy responsibility to ensure the community they rule over will benefit from decisions made. Victims are an important factor in these decisions, because they have suffered the most from the crime committed. There are multiple states that have victim rights laws that require courts to allow victims to not only be present, but to speak out against the accused on how the crime has affected them and/or their family. There are some considerations that need to be factored into for the defendant as well. The defendant, if accused, must be able to actually complete the sentence passed down to them. If the court finds that the defendant is of limited means financially, or has obstacles to staying employed full-time, the court must decide how to properly hand down a punishment that will fit and not make it impossible for someone to pay their debt to society. Things like community service, programs to obtain a GED or job training, and possible alcohol/drug treatment are possible sanctions that would be manageable.

Law enforcement needs to be more attentive to the needs of victims, and not be so focused on the crime/conviction. Victims are easily pushed off when the main focus is on the investigation and pushing a conviction through. Victim involvement in the legal process (i.e. victim impact statements) is a great reminder to the court system and law enforcement that someone's life was affected by this crime, and it gives the victim a voice in the process. Town halls are another great idea to get community input on particular crimes in the area and how citizens feel about current judicial patterns or decisions.

STUDENT REPLY

STUDENT REPLY #2 Marshelle Owens

In a jurisdiction, I believe that ethical consideration should be at its highest degree when it comes to determining what is best for the victim, the offender, and the community. When deciding what is best for the victim, the court should take into account the history and integrity of the individual. Does he provoke danger to happen to him, or is he a law-abiding citizen? Next, when the court is deciding the fate of the offender, they again need to examine the offender's history as well and see if they have a history of crimes committed. Lastly, the community is very important. In making decisions on what is best for the community, the courts would have to consider the history and demographics of it and crimes committed. Its past and present would be strongly taken under consideration in determining what is the best next step to take to prevent crime in this area in protecting the citizens who reside there.

Law enforcement could better protect these communities by having a relationship with the people who live in them. They need to communicate with the residents in a respectful way and try to develop a partnership that they all need to get along for the good of everyone. They do not need to intimidate them but give people in the community the chance to hear their voices and concerns as well. They need to work together in preventing future crimes from happening.

Reference:

Lippman, M. (2018). Contemporary Criminal Law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA; Sage Publications