Role and Functions of Law Paper September 27, 2012 Esmeralda Herrera Law/421 Stanley Santire University of Phoenix To understand the roles and how laws function, people must understand the theory of law and how it affects society and businesses. Law is described as the main beliefs and system that is established by a community and is ordered by higher authority; it applies to the people within that community. It does not matter which form of law it is, if it is in the form of legislation, custom or policies laws are appointed and enforced by judicial decision. If laws were not available to follow, society would not function in the manner that they normally do because law
Laws are put into place so that the world would not be so chaotic. People would be able to do whatever they wanted to do. This is why the constitution and bill of rights was created so that people could not go out and kill or hurt others. People conform to these laws because of the consequences if the laws are violated. 4.
Although the cases and criminal punishments are different, they are similar when it comes to those three different elements of ethics in criminal justice. As I researched the articles and understood in depth the constitutional duty of the criminal justice system to enforce the law, protect the rights of people, and promote and withhold justice are the primary concepts Americans needs for civilization. Although we cannot always rely on the courts to interpret the law correctly or the community to always obey the constitutional demands of the law. We have a moral responsibility as individuals to uphold and treat each other with respect and how you would want to be treated. We have to promote fairness and just law regardless of how one looks, what communities we live in, and what other’s sexual preference is.
The last function is providing procedural protections for the United State citizens from wrongful government actions. This last function is very important for our society and for businesses because if an individual or a business does find themselves in trouble it allows them to be treated fairly and have the right for a fair trial (Melvin, p. 4, 2011). The role that our laws play in our lives, whether it is in our businesses or personal lives, creates structure. Not only does it help people and businesses, but it also helps our country keep the crime rate low. If our country didn’t have any laws and structure, our world would be a complete disaster.
When there is law people must probably obey by it and will help citizen be more in control. Law help place the right justices were and when it is needed in a community. Starting or running a business is not easy at all. There are so many laws that need to be in consideration before starting any type of company. It is very important that for a company to succeed every area of the business must be covered.
Laws have been put in place for the protection and many of them are based on what society sees as right and wrong. In everything, we do there are laws set in place to protect us from people who wish to use harm whether it is physically or financially. Laws help right a wrong and give results that can sometimes make all parts whole. Some laws are meant to punish the wrong doers and give victim's justice. Not all laws are created equally or fairly, but they do bring a sense of balance.
(GCU, 2012) Responsibilities are specifies the subject-matter jurisdiction of the federal courts, requires trial by jury, defines treason and its enforcement, and states that the Federal courts have jurisdiction over cases involving disputes between states, ambassadors, and dignitaries from other countries. The three branches of government are supposed to work in harmony with each other while guarding the limited power each branch was granted by the people. The intention of these three branches is to keep the balance of power in the favor of the people. They were put into place so that not one branch has too much power and be able to run the Congress in deciding which laws are passed and are not passed. By spreading the power into three different branches, this ensures that the balance of power is equal and not all in person or a team of people’s
The only thing the judicial system can do is uphold that law the way congress intended but they don’t have the power to change it. The power of lawmaking I feel is most important because that means you have the power to regulate and decide how our society will be ran and Congress sits at the top of that chain when it comes to constructing our society. Being in charge per say of what laws are passed and the stipulations that come with these laws means you dictate are lives and keep us in check. It gives individuals consequences for their actions, it permits or allows people from doing certain things or at least make them think twice before they do it. If you think about it when you’re in high school prom ends early because teenagers have curfews and they can’t be out after midnight.
Discretion can include making your own decisions, following your gut, and personal input. Knowledge, skills, and insight play key factors when using discretion, as well. When police officers decide on discretion, the United States Constitution must be kept in mind, so they do not overstep the laws already in place. “Unguided discretionary power violates due process in the absence of adherence to these requirements”
However, freedom also has its limitations it may not interfere with other privileges or rights. In order to maintain Jefferson’s philosophy on liberty, a compromise must be made between freedom of expression and censorship. Although people are promised by the Constitution a right to freedom of expression, there are certain boundaries which are never to be crossed. It is the responsibility of the government to preserve the law while supporting the people; for the U.S. democracy is run by consent of the people. A prime example of this controversial issue is the system of television ratings.