The Fifth Amendment of the United States Constitution involving the clause of double jeopardy states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb…” This statement gives no right to the government to prosecute or punish a criminal for the same offense. Going through trial in a case is not only financially straining for both the court and the individual but also emotionally. There are three conditions necessary for a defendant to have protection under double jeopardy against a second prosecution. The earlier prosecution must progress to the point of jeopardy attachment. Second, a prosecution must then involve the same offense.
I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes. Alexander Hamilton, statesman and economist, proclaimed "Laws are a dead letter without courts to expound and define their true meaning and operation”. The Articles of Confederation which gave rise to the Confederation government that took effect in March 1781, did not give the national government any means to enforce the federal laws. The states could, and often did, choose to interpret or enforce federal laws in any manner they saw fit. This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states.
There are many reasons why justice is best determined by the court of law. Based on the book the crucible, in American history, and in my personal life experience. Justice is best determined by the court of law, as there is no other organization with a reasonable and official set of rules. There is a lot of evidence for and against my claim in the crucible, the crucible shows that justice is not best determined by the court of law because people were not accused accurately, and the people sentenced all could have been innocent. In court back in 1953, it wasn’t hard to lie in court, and you could easily get away with things, though you can also easily get accused for things that you didn’t do.
Legal knowledge is very important for police officers to have an understanding in law like rules of evidence and the fourth amendment that protects individuals from illegal search and seizures. All these subjects are taught in the police academy but it is really important for police candidates to have basic knowledge of laws before they start the academy. Some departments have a residency requirement
the manner in which the court system is structure and run affects the extent to which members of the public obtain access to the justice system. When a court is structured so that criminal cases, no matter how minor or serious, must be handle by a lower-level court with an otherwise excessively large caseload and few resources or services. For example, the negative effecton the quality of justice may be good that citizens do not even bother to report crimes. Proper structuring of the jurisdiction of courts which is the legal authority to hear cases, and providing adequate resources to handle the resulting caseload fairly, promptly, and effectively is only part of a well-run court system. Much can be done to make courts more user-friendly to the public and to improve public access to justice.
It is evident that research is imperative and as long as research is kept within the parameters of the law, the information that is obtained will be justifiable to use later if necessary. References A, Nicole. Reasons Why People Become Police Officers (2007). Retrieved October 12, 2010 from http://www.associatedcontent.com/article/143523/reasons_why_people_become_police_officers.html Hagan, F. Research Methods in Criminal Justice and Criminology (2010). Retrieved October 12, 2010 from Ch 1 p15 Marshall.
Sharing with you today I hope gives you a better understanding of a court and its purpose, the dual court system, the role that early legal codes, the common law, and precedent played in the development of courts, and the role of courts in the criminal justice system today. Court and the Purpose A court is a function in the judicial system that is in place in case someone is accused of some wrongdoing to another person or something they have done illegally. It is in place to protect and interpret the laws of American society by keeping the peace. The American courts, individuals within the society, and a judge will be ones that make a decision as to whether someone has committed a crime or any other wrongdoing. They then will decide on what the punishment of an individual is, yet also as to how severe the punishment will be for the crime they have done.
This law covers both public and private legal areas, some examples are wills, torts, laws of contract, real property, and criminal law. Substantive law is derived from the Common Law as well as legislative statutes and is supported by the Fourth, Fifth, and Sixth United States Constitutional Amendments (Melvin, 2011). Procedural law sometimes referred to as adjective law is the body of law that provides the precise steps that must be taken in enforcing legal rights. This law is made up of state and federal statutes, the
In this dual system the power is divided [Passive voice ] between the federal governments the main governing body and the states, according to the Constitution there is a dual federalism that states that the only power the federal government has is those listed [Passive voice ] in the Constitution. In reality the system is more like a cooperative federalism because the lines between federal and state powers are blurred [Passive voice ] and cross each other (Siegel, Schmalleger, & Worrall, 2011, pg. 5). This dual court system works well because if state and federal courts were not separated there would be a very big backlog of cases. The courts are behind as it is on cases so if we did not have two different courts to hear cases criminals and innocent people would be spending much more time in prisons waiting trail.
To be an effective communicator, one must learn how to and be able to know the difference between listening and hearing. Further, formal and informal channels of communication within the criminal justice organizations