CourtHistory and Purpose
CourtHistory and Purpose
TheAmerican criminal justice system is one of the key parts of thecountry. The system is made of different components, which includesthe police, the courts, and the corrections. In a brief definition ofthe American criminal court system, it is the system of lawenforcement, which is directly involved in prosecuting defending,sentencing as well as punishing people who are suspected orconvicted of any criminal offense. This paper examines and assessesthe American criminal court system looking into different aspectssuch as the court and its purpose, dual court system among otheraspects within the system (Neubauer,2010).
Thecourt and its function
Thecourt has been and remains a vital branch in the justice system inthe US a court is part of the judicial branch of the government.This is where the defendants are presented before a judge to defendtheir innocence of any accusation or crime they allegedly committed.There are different types and functions of the court in the UnitedStates. With reference to the American criminal court system, thecourt has general purpose as to settle disputes in a civilizedmanner. The major functions or the basis of courts includes upholdingthe law, resolve disputes, protect individuals, as well as reinforcesocial norms. The American court system was initiated from the USconstitution that was adopted in 1787, through a series of amendmentsto the constitution. The sixth and the eighth constitutionalamendments addresses issues of criminal justice, the fifth on theother hand guarantees due process. Hence, the court is the primarysystem in the tool in fighting crime in the society (Clemons, 2014).
Inthe United States, the court system is operated based on the dualcourt system. The dual court system is the legal, organizationalstructure that supports two simultaneous court systems, this is thefederal and the state, which are each independent but makes up thejudicial branch of the government. The two branches of the court havedifferent functions. For example, the federal courts are the onesmandated to the civil and criminal cases involving constitutional andfederal law, while the state courts on the other hand have the powerto hear civiland criminal cases related to state laws and state constitutionalissues (Kracum,2014).
Therole played by the early legal codes, the common law, and precedentplayed in the development of courts.
Thereare differences, basis that contributed to the formation of the courtsystem in the United States. Some of these aspects include the commonlaw, legal codes, and the precedent. In recent times, it is believedthe majority of the countries follow one or two major legaltraditions, which is either the civil law or the common law. Commonlaw originated in England and was later adopted in the United States.The judges based their decision on the common law as well as theacceptable legal codes that were adopted in the United States. Thisin turn led to the formation of the court system, which was as acombination of the two aspects to make up the system (Neubauer,2010).The common law and the legal codes formed the doctrine under whichthe past decisions were passed. The precedents are a set of compiledand published in a book so as lawyers, wherever the English legal wasadopted could use it to prepare for arguments. The three tools formeda critical and important root for the formation of the court systemin the United States.
Roleof courts in criminal justice
Inrecent times, the courts have been an essential tool in the criminaljustice system. The courts serve three most important purposes, whichinclude investigating, prosecuting, and punishing crime offenders.The courts are guided by a set of codes of the criminal law andcriminal procedure. The court in turn has today become an importanttool within the criminal justice system not only in the UnitedStates, but also in other countries (Neubauer,2010).
Weaknessin the court system
Despitebeing a key tool in the society as well as in the country, the courtsystem has some weaknesses. One of the mare drawbacks to the systemis the fact that, a person is regarded as innocent until found guiltyby the court. This means that, the state is burdened with the task ofproviding the proof and not the other way round. This has seen, manycriminal offenders walking free due to lack of evidence to jail acriminal (Conseret al, 2013).In conclusion, the criminal justice system has been a key aspect infighting criminal cases in the society. The court has been in turn akey component of the judicial system in the United States and in turnshould be maintained fully functional within the country.
Kracum,J. (2014). The Validity of United States V. Nazemian FollowingCrawford and Its
Progeny:Do Criminal Defendants Have The Right To Face Their Interpreters AtTrial? Journalof Criminal Law & Criminology, 104(2),431-456.
Clemons,J. T. (2014). Blind Injustice: The Supreme Court, Implicit RacialBias, And The
RacialDisparity in the Criminal Justice System. AmericanCriminal Law Review, 51(3),689-713.
Conser,J. A., Paynich, R., & Gingerich, T. (2013). Lawenforcement in the United States.
Burlington,Mass: Jones & Bartlett Learning.
Neubauer,D. (2010). America`s courts and the criminal justice system. NorthScituate, Mass.: