The Legal System Of The Law

Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20)

The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. The term ‘rule of law,’ since reformulated by A.V. Dicey in the 19th century, has traditionally meant to include such notions as supremacy of standing law over arbitrary power, equality before the law (which applies also to government officials), and a binding constitutional framework.

In the criminal justice system there is very rarely a single linchpin that can be pointed to and held responsible for the failure to convict a seemingly guilty person. This reigns true for the very public prosecutions of both Casey Anthony and George Zimmerman. In the eyes of a vast majority of the public, fueled by media spectacle and opinion, Anthony and Zimmerman were guilty even before they ever saw the inside of a courtroom. There simply could be no other answer. The public was subsequently outraged when, after what seemed to be trials of certainty, juries acquitted each. The public sought to find someone, or something to blame. The verdict could not be accepted and many turned their focus to condemn the workings of the criminal

The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. The system is not one single criminal justice system in the United States but nevertheless many similar, individual systems. How every particular system works in each area depends on who is in charge of the city, county, state, or federal. Different authorities have different laws, agencies, and ways of managing criminal justice processes. There are two primary systems which are, state, criminal justice systems handle crimes committed within their state boundaries and the federal, criminal justice system handles crimes committed on federal property or in more than one state. Most criminal

Across the world there are many different types of criminal justice systems to keep and maintain order and peace or the social code of conduct, otherwise known as the law of the land. The criminal justice system tries to deter individuals from disrupting the peace and order of society by educating their citizens on the consequences and punishments for failing to abide by the law. The criminal justice system can be categorized in three main parts; policing where the investigation is held, the courts where judgment is made, and corrections where the type of punishment is served.

There are many aspects of the criminal justice system that must be considered when determining the most important. Each area of the criminal justice system has its place and plays an important role in the process. For example, an arrest cannot be made without the police, the case cannot be reviewed or adjudicated without the courts, and the convicted individual cannot be placed into supervised confinement without corrections. However, the courts are the most important aspect of the criminal justice system because the decisions made in and outside the court system can serve as a guide for the other areas of the criminal justice system to follow. More specifically, judges and prosecutors hold tremendous power and can shape how laws are enforced,

Miscarriages of justice illuminate the serious systematic problems that can plague the criminal justice part of the legal system. Such miscarriages show not only the fundamental weakness of an adversarial system, with its focus on ends rather than means, but also the reluctance of the system to consider its own mistakes.

The Criminal Justice System consists of three main components; police, corrections, and the courts, which play a role in maintaining a proper and functional system. These three core functions have their own limitations and use of discretion. At times discrimination occurs within each individual function. Policing is law enforcement, which obtains the backbone and gatekeepers to The Criminal Justice System. This is where discretion takes place the most. Indeed, discrimination can start with policing, and that is what stands out to the eye of the public. To understand the community, our obligation, is to be aware of how minorities, policing, and society interact. It is important to realize what the community thinks and feels, for the sake

The goal of this paper is to analyze if the criminal justice system, as it is constructed today, is doing enough to punish and to deter crime. It will also look to see if there is deterrent in punishment at all. To do this there are a number of theories that should be examined. This includes the following Deterrence theory, rational choice theory, and lastly the positivist theory. The deterrence theory is a very basic, but overlapping theory to all of the others. We learn that at a very early age that reward vs cost is a critical thing to weigh when making decisions. This carries over to the decision to commit a crime and not to commit a criminal act. The rational choice theory states that human beings are decision making creatures. This theory would subscribe to the idea that the tougher the punishment, the higher the cost. The higher the cost, the likelihood of an individual committing a crime would drop. The positivist theory subscribes to the opposite of the rational choice theory. Under this school of thought individuals with lower intelligence or lacking social status do not have the same ability to make a rational choice when it comes to the ability to make a choice to, or not to, commit a crime.

Crime plays an important role in the United States. The Justice system creates boundaries so that its people can feel safe and equal. It brings fairness to society and defends the people's amendments. There are many advantages towards the use of the criminal justice system such as safety. Safety is a main source that depicts on how the country will feel about abiding the laws. Without a criminal justice system, America would suffer and crime rate would dramatically increase. People would have more freedom to do whatever they please and that can initiate violence. It is crucial to abide by the criminal justice system so that these situations can be prevented. Today the system is broken down into various components that lead to the conclusion

Within Canada, the central purpose of the Criminal Justice system is to implement social control, prevent and identify crime and to prosecute those who breach the law. However, though the criminal justice system deals with all of these various components as a whole, the responsibility of each is divided between a variety of authority. The court is an area of the justice system that a significant weight of responsibility is placed upon, as the court essentially plays a multifaceted role in determining the innocence or guilt of a subject. (Griffiths, 147) Furthermore, one of the most difficult tasks asked of the courts is the principle of judicial independence. Essentially, judicial independence ensures that citizens are given the absolute right to have their cases tried by tribunals that are fair, impartial, and immune to any from of political interference. (Griffiths, 147) Therefore, through primary analysis of the criminal justice system, many observations were made of the various processes and structures of the courts. The criminal justice system, being quite complex, was difficult to analyze but within a day of court, the practices and procedures of the system were outlined with clarity. Despite the justice system containing an array of components, three main elements stood out that were actively exercised in the courthouse. These various elements include professionals known as the courtroom work group who actively facilitate all aspects of trial, the demanding

The Criminal Court system is made up of four main components, each with its distinct aim. Each part works independently to achieve its goals. The four components are: law enforcement, prosecution, the judiciary, and the corrections. Law enforcement is the most visible element of the criminal court system. It is the part that has the first contact with crime offenders and victims. The functions of this component are: receive and document crime reports, carry investigations on reported crimes, collect evidence, and arrest offenders. The prosecution ensures criminals are brought to justice. This element represents state interests. The defense part of this component represents the interest of the accused (Neubauer and Fradella 66). The judiciary has the duty of overseeing the proceedings of the court and ensures that the law is not broken at any stage of the criminal justice system. The final say on law matters comes from this element. The final component is the corrections stage and its duty is to imprison

Being charged with a crime is one thing, but the defense you choose is an entirely different ball game. “In the field of criminal law, there are variations of situations that will tend to contradict elements of a crime, known as a defense”. When someone is charged with a crime the kind of defense that they choose could in the end determine their destiny with the case. The criminal defense a person chooses to use will depend on the crime they are charged with and the evidence they have at their disposal. “Whether a person has a federal criminal attorney, a state criminal attorney, or a public defender, a defense strategy should always be discussed before they enter the court room”. There is a variety of defenses that exist in our criminal justice system. In this essay I will be taking a close look at two different cases that have pleaded two different types of criminal defenses. I will take a look at the nature and types of defenses used in the cases and what evidence was used to help demonstrate that defense. I will also describe how justification and excuse played a role in the cases and lastly I will be describing the outcome of each case.

Generally, prostitutes are arrested for soliciting sexual endeavors for a financial benefit. Society perceives sex trafficking victims as prostitutes and believes that the victim makes a conscious choice to prostitute. Victims go to jail or prison, and then are often released back into society with no help, protection, or formal education. These factors may increase the chance that the victim will not only reoffend, but also continued to be sexually exploited, raped, infected, beaten, or both mentally and physically abused (Rand, 2009).

In the American legal system there are two different areas of government, federal and state; it is called federalism. Together they work to enforce the laws of the United States. Each court system, however, is divided into many different layers. The federal courts have limited jurisdiction as opposed to the state courts that are of general jurisdiction. Federal and state governments are both divided into three different branches, the executive, legislative, and judicial branches. The written constitutions of the two courts form a system of separate power and checks and balances between the branches.