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Courts In Public Policy Process Essay

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Even though the courts role in the public policy is not as obvious, courts do play a vital role in the public policy process. One role the courts play in the policy process is by agenda setting. When compared to the legislatures it is somewhat a minor role but a noteworthy one. The main difference between the courts and the legislatures in the agenda setting is the limited problems they can address. One reason for this is because the courts have to wait for the cases to come to them, they cannot seek out cases to address. Instead, the courts must wait for cases to come across their desk or in their original form or through the appellate jurisdiction or the litigation process.
Tribal courts are limited in their ability to set their own agendas, and respond generally to cases brought to them by law enforcement. However, prosecutors have some discretion on accepting or declining cases. They can chose what cases will appear before the court, therefore …show more content…

They may also make formal advisory reports to state officials, which also result in agenda setting. Additionally, judges are often sought out by state officials on policy matters, and may also be asked to set serve on a variety of task forces that investigate cases.
Policy formation is another way the courts play a role in the public policy process. Decisions of the Supreme Court have set expectations for law enforcement and correction agencies, and their decisions have long term impacts on how the criminal justice system operates, as well as the treatment of offenders. Judges make policy decision that is sometimes referred to as “judge-made-law”, because judges make the decision as oppose to Congress. Judges are seen as practicing judicial activists because their decisions seem to overturn policies made by legislatures or

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