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The Judiciary role in the Criminal Justice System - Term Paper Example

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Name Professor Course Date Judiciary Role in the Criminal Justice System The United States Criminal Justice System is the structural basis used to maintain social control. It has many components that work together to provide justice for criminals and victims of crimes, enabling law violators to be prosecuted in a fair trial…
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The Judiciary role in the Criminal Justice System
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The criminal justice system is comprised of three major components that work together in tandem to see the criminal justice process through from beginning to end (Torres, eHow.com). The three major components in the criminal justice system are: 1) the law enforcement, 2) the courts, and 3) the corrections. The law enforcement component is considered the head of the system since its divisions are the ones responsible for finding and capturing individuals who defies the constitution. The judiciary comes in next as they make sure that offenders or suspects are given fair trial until proven guilty.

They are the ones who balance the evidences submitted by the prosecution and defense for their own arguments. They are the ones who face the dilemma on deciding the verdict for certain circumstances. “In the courtroom judges have a vital role in creating a forum where those finding themselves in the justice system recognize the Court provides the framework within which individuals will get protection, redress and resolution of disputes and conflicts that cannot be effectively and peacefully settled elsewhere.

” It is also said that the judiciary's foremost role as the third branch of the government is to defend and uphold the United States Constitution and assure the rule of law prevails (Ladner, 2000). The judiciary’s role in the criminal justice system is to be fair, firm and calm. Fair because they will be hearing 2 sides of a story which they need to decide who is telling the truth. They should be unbiased and not let their emotions dictate what they should think towards certain issues. Everybody should be treated equally.

Sometimes amongst all the factors that are present, the emotional factor is the one that affects the fairness of a judge which should not be the case. This is where the judges or jurors should be firm on their decisions. They should disregard their emotions and be firm on their decision. This should be done so that they can uphold what is in the constitution and not give verdicts that are just dictated by one’s emotions or gut feel. Calmness should also be present so that information would be properly presented and discussed.

The judiciary makes sure that the constitution is being implemented correctly. The constitution is not to be used to abuse anybody or to be violated by anyone. Seems to be easy yet it is a tough job. There are certain people who believe that they are above the law. The judiciary system is the one who put their egos back to the ground and make them realize that they are not above the law. A member of the judiciary should always be like Themis, the Roman goddess of Justice, blindfolded so that political or class status of the people involved in a trial cannot affect the decisions made.

In addition, equality should be strictly practiced as symbolized by the scales that the statue is holding. Let the facts that are presented be the ones put on the scale to judge whether one is guilty or not. It is not the role of the judiciary to be on one side against the other. Upholding the constitution is believed to be the primary role of the judiciary. Reform starts in the judiciary. It may convict or acquit suspects from the most celebrated cases to the simplest ones. Yet the main role remains the same which is making sure that what has been written by law should be followed by

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