The Evolution of the Justice System - Research Paper Example

The Evolution of the Justice System Discuss the judicial system from conception to present day. The existence of a justice system ensures that law and order are maintained. It ensures that lawbreakers are dealt with accordingly. If a country were to discard its laws, then there would be total anarchy and destruction. Therefore, laws are there to maintain law and order within a society or country. The essay shall explore the justice system from conception, evolution and its impact on the United States judicial system. The justice system has evolved a lot since its inception into the society. When colonialists first arrived in early America, there was no form of law anywhere and it was a case of survival of the fittest. The land was filled with outlaws and this gave reasons for the rise of the county sheriffs. Soon after, courts were established and lawyers who had immigrated from England started practicing law. The sheriffs categorized crimes into two groups namely, misdemeanors and felonies. The courts were similar to the courts found in England in that both courts comprised of judges and a jury. Some courts had one judge presiding over cases while others had ten judges. In the case of the ten judges, there was no organization and conducting matters was difficult (Wilson, 2012). The courts led to the establishment of county cells and prisons. The main distinction between the cells and prisons is that the county cells were meant to hold petty offenders and suspects while they awaited trial. After the case proceedings ended and the verdict was passed, they would be taken to prison. This is similar to the modern justice systems since courts and the sheriffs still exist. Sheriffs normally operate in the counties since their role has since been taken up by the police force. In the modern era, there are courts, judges and lawyers who strive to make the country safe by convicting criminals. The main difference between the old form of justice and the modern way is the form punishment that was administered. In the Middle Ages, there were various forms of punishment most of which were barbaric. They included mutilations, corporal punishments and death by hanging. Fast forward to modern times and these forms of punishments were abolished and prisoners are sent to prison for rehabilitation and not condemnation (Neubauer. 2014). Explain the impact of US Supreme Court decisions on lower courts utilizing specific court cases that changed how local, state, and federal law enforcement agencies conduct investigations. The highest legal institution in the country or state is the Supreme Court. It is usually the last place where a dispute can be resolved if both parties have not come to an understanding. The Supreme Court is tasked with presiding over the cases that are of national interests such as presidential election disputes and high profile cases. The decisions made have an impact that affects the whole judicial system. This means that the court has to be impartial because if it makes a mistake then the public’s view of the judiciary is tainted (Neubauer, 2014). The lower courts have to follow the directives issued by the Supreme Court without question and this sometimes causes conflicts in the ways in which investigations are conducted. For example, the Sears v. Upton case. Demarcus Sears had been sentenced to death by the Georgia Supreme Court for the murder of a young woman in Cobb`s county in 1993. His defense lawyers tried to persuade the jury that Sears had experienced physical and sexual abuse as a child. It was also determined that he suffered an injury to his frontal lobe leading to brain damage thus rendering him behaviorally handicapped. The defense overlooked these facts while their investigations and this led the dismissal of the case by the Supreme Court. The ruling of the case influenced the ways in which lower courts conduct investigations in that, the Supreme Court raised the bar of conducting investigations by requiring thorough investigations before presenting cases before any court (Rankin, 2010). Explain how the Bill of Rights influences law enforcement, prosecution, and correction agencies. The bill of rights protects individuals from any form of discrimination. This normally protects individuals who are not in a position of power. The main victims of discrimination are criminals or suspects who before the establishment of the bill of rights suffered terribly. They were subjected to brutal beatings, sexual harassment and other cruel acts. Prisoners gained a voice that protected them from the elements that wished to harm them when the bill of rights was introduced. The law restricted the law enforcement agencies and correction facilities from victimizing the inmates. The bill of rights brought some sanity into a department that was plagued with complaints. The bill of rights ensures that everybody’s rights are upheld, and discrimination does not occur and if it does, there are clear guidelines on how best to deal with it. Identify the amendment, by number and constitutional protection it affords, and provide a case example illustrating each of the four amendments (Fourth, Fifth, Sixth, and Eight Amendments) protect individual freedoms. Ten amendments compose the bill of rights. Everybody should enjoy these fundamental freedoms without any form of discrimination. In this case, we shall explore the fourth, fifth, sixth and eighth amendment`s. The Fourth Amendment explains that individuals belongings are protected from illegal seizures and searches from individuals without any form of authorization. For example, police officers do not have the right to harass anyone based on suspicion without probable cause. The Fifth Amendment states everyone has the right to the due process of law. It also prevents from self-incrimination and double jeopardy. The Sixth Amendment states that all accused persons have the right to a speedy and public trial in front of an impartial jury comprised of individuals of the state where the crime was committed. They are also entitled to be notified of the accusations and confront by the witnesses against them. The accused are also allowed to obtain a witness in their favor and also receive assistance of a lawyer to help them in the course of the trial. The Eighth Amendment protects people from any cruel, unusual punishment or torture. It also protects suspects from excessive bail or fines imposed on them by individuals or institutions. For example, it protects individuals in jail from suffering any form of bodily harm or sexual harassment (Pearl, 2007). In conclusion, the bill of rights applies to everyone and if it is violated, then legal action be taken against the guilty party. The justice system follows the bill of rights and it expects the other institutions involved, for example, the police and correctional facilities to follow suit and ensure the rights of everyone are upheld. References Ireland, C., & Rush, G. (2011) The dictionary of criminal justice: With summaries of Supreme Court cases affecting criminal justice (7th ed.). New York, NY: McGraw- Hill. Print Neubauer, D. W., & Fradella, H. F. (2014). America’s courts and the criminal justice system (11th ed.). Belmont, CA: Wadsworth. Print Rankin, B. (2010) "Supreme Court says Cobb death case needs another look," Atlanta Journal Constitution, June 30. Pearl, N., & Skeens, M. (2007) The Bill of Rights. Minneapolis, Minn: Picture Window Books Wilson, S. H. (2012). The U.S. justice system: An encyclopedia. Santa Barbara, Calif: Abc-clio. Read More