American Correctional Systems

The three branches of U.S. government are legislative, judicial, and executive and they carry out governmental power and functions.

The legislative branch, which is made up of the House of Representatives and the Senate make up the US Congress and was established by Article I of the Constitution. (Whitehouse.gov) The judicial branch consists of the United States Supreme Court and lower federal courts. The primary function of the judicial branch is to hear cases that challenge legislation or require interpretation of that legislation. (Trethan) A vital purpose of the executive branch is to guarantee that laws are carried out and enforced to enable day to day responsibilities of the federal government. (Trethan) Each of these components has an impact on the criminal justice system. The legislature is in charge of generating and passing legislation that explains the laws and punishments for offenders. The judiciary, law enforcement and corrections have the job of interpreting and enforcing those laws. (Costa) The judiciary interprets legislation and laws. The court system is responsible for indicting offenders and successively indicting, trying and sentencing offenders found guilty of criminal actions. The courts job is to ensure justice is served, maintain the rule of law and the supervision of criminal justice actions to determine if those actions are within their legal and constitutional powers. Courts are also responsible for hearing appeals challenging lower court rulings in criminal proceedings. (Costa)

The criminal responsibility of individuals accused of violating a law is decided by the courts. Defense lawyers represent the accused offenders in court by. The government is represented by the prosecution, which attempts to prove the guilt of the offender in a criminal trial. The prosecution is also has the responsibility of filing charges, complaints and sometimes negotiating plea bargains with offenders. (Costa)

I really don’t know how I feel about a state Governor and the President having the ability to grant pardons. It would have to be a case by case situation. I do feel that it undermines the judicial systems ruling, but in some cases I feel it is necessary. A good example of a pardon being put to good use is in the case of the Scottsboro 9. Clarence Norris was pardoned by Governor George Wallace in 1976 for a crime he had allegedly committed in 1931. To be honest, I think there are many issues that exist in regards to the US Government and the criminal justice system. Our government system is outlined and ruled by the US Constitution, but what we are seeing today is a violation of that document. Some examples can be found in trials, the prison system and searches. Today’s trials are all about winning instead of discovering the truth. Both sides will do their absolute best to win the court case with no regard of whether the defendant is guilty or not guilty. It has become a circus show mixed with a sports mentality of win at all costs. The prisons have become nothing but warehouses for criminals. They have shied away from rehabilitation and just simply hold the prisoner until his or her time is up. Most criminals consider prison a finishing school where they can learn new criminal oriented skills. Our liberties and protections are being taken away from all of us. Illegal search and seizures are now legal. Drug sniffing dogs can be walked around a location suspected of drug dealing or use. If the dogs alert that there are drugs in the area the police will request a search warrant. This is all still up for debate, but technically that was an unwarranted search of property prior to receiving a search warrant. I am not for drugs or drug use, but if we are to catch these criminals we must do it in a way that is both ethically and morally correct.

Bibliography

Costa, J. (n.d.). Elements of Criminal Justice. Retrieved 02 20, 2013, from ehow.com: http://www.ehow.com/list_7686905_elements-criminal-justice.html

Trethan, P. (n.d.). usgovinfo.about.com. Retrieved 02 20, 2013, from The Branches of Government: http://usgovinfo.about.com/od/usconstitution/a/branches.htm

Whitehouse.gov. (n.d.). Retrieved 02 20, 2013, from The Legislative Branch: http://www.whitehouse.gov/our-government/legislative-branch