JUDICIARY - Essay Example

Download file to see previous pages This is the democratic principle enshrined in the Constitution, the rule of law to prevent the tyranny and also maintain law and order. To achieve this end, the three foundations of a justice system are the police for the enforcement function, the criminal justice system for court trials, and finally, the corrections or the prison system to incarcerate and rehabilitate those convicted of crimes against society. Members of the criminal justice system, such as the prosecutors, defense attorneys, and judges or justices must at all times implement and interpret the law with probity, fairness, justice, equality, and solidarity in the pursuit of human rights protection for all, exercise their function without fear or favor. All the said members must act in an ethical manner at all times, free from any corruption, and not influenced by any consideration except morals B. Discussion The judiciary performs its functions with the utmost fairness and equality; how judges must implement or interpret the law without any influence or pressure from anybody, so that citizens will have faith and trust in their justice system, as their supreme protector against oppression by powerful individuals or influential pressure groups. However, it is also faced with a number of problems or issues it must address so it can carry out its mandate adequately. 1. Judicial ethics – members of the judiciary are brought to a higher standard than other people, they being expected to uphold the law at all times so people will also respect the law. The foundation of law is based on the validity of civil ethics within pluralism (Cortina, 2000). a. Solemn oath – this is a reminder to always stick to the straight and narrow path, despite temptations along the way in performance of duties. Corruption has been a bane, because people tend to accept bribes or other considerations of value (Montinola & Jackman, 2002). b. Sanctions – the judiciary does not take too kindly to its erring members and imposes a variety of measures such as fines, suspensions, disbarment, and even imprisonment. c. Code of conduct – members of the judiciary have to be careful in their actions at all times, to uphold the integrity and independence of the judicial branch of government. Standards are contained in the judicial canons issued by the Supreme Court, to include such matters as the avoidance of any impropriety, or even just the mere appearance of impropriety, and to avoid any partisan political activity at all times, such as campaigning for a particular party or candidate. It is a co-equal branch and must exercise its independence always (Fox & Stephenson, 2011). 2. Why people commit crimes – there will always be deviants in any society. Why these people commit crimes despite the certainty of punishment made sociologists offer their theories. a. Anomie theory – this was introduced by eminent French sociologist Emile Durkheim, in his book The Division of Labor in Society published back in 1893, which explains the modern phenomenon of deviance, resulting from feelings of inadequacy and ambiguity, coming from the industrialization of society, causing normlessness from loss of values and traditions (Franzese, 2009); anomie views criminals as victims of society, unable to cope, and not as mere deviants. b. Strain theory – ...Download file to see next pagesRead More