preview

Critical Analysis Of The Criminal Justice System

Decent Essays
CRITICAL ANALYSIS OF THE U.S CRIMINAL JUSTICE SYSTEM The criminal justice system of the United States is based on a system fragmentation and operation. This system consists of overlapping powers between the state and federal laws that creates a conflict with regards to criminal justice. Consequently, this generates a dysfunctional and inefficient system that a times fails to produce credibility in criminal justice. The rationale behind this is that there is no clear interpretation concerning where federal law ends and where state law begins. As a result of federalism, whereby government system of the United States has generated an overlap of power as a result of delegating some powers to the federal government and others to the state to exercise, there has therefore been a conflict in the undertaking of criminal justice in courts. Article six of the United States constitution contains a supremacy clause that pronounces the role of judges in every state as bound by the constitution (Banks, 34). This is however subject to different interpretation because when these laws interfere with the laws of the congress, the act of congress is deemed supreme even though the latter is in pursuance of the constitution, it must conform to the laws of congress. For instance, the United States district courts have jurisdiction to hear federal cases and deciding the constitutionality of federal laws. However the constitution gives powers to the congress to control and determine the cases to
Get Access