Essay on Fundamental of Criminal Law

Introduction

The united states government is partitioned into three major branches; the executive, legislature and the judiciary. The executive's power, as dictated by article II section 1 of the constitution, "shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years." Apart from the president and the vice president, the executive also consists of the federal agencies and the president's cabinet. The executive is responsible for the nominating and appointing of ambassadors, judges of the Supreme Court, public ministers and consuls and all other public, for instance, the attorney general, the secretaries of defence, interior, state, agriculture, and commerce among others. The president is also the commander-in-chief of the US military (Lorcher 2012). The legislature is the lawmaking body consisting of the Senate and the House of Representatives. Each state produces two senators elected after every six years, while the house representatives are elected after every two years, with their numbers varying with the population of the states. The legislature regulates commercial activities between the United States and foreign nations, establish post roads and post offices, establish lower courts, and make proper and necessary laws aimed at aiding in carrying out the intended purpose of the constitution. They also undertake activities that raise and support the United States armed forces. The third and last arm of government is the judicial branch. With the laws already formulated by the legislature, the judiciary ensures that these laws are followed to the later and that the constitution is upheld. The Supreme Court is the highest court on the land. It has original jurisdiction over cases dealing with, and involving state affairs and the ambassadors, and has appellate jurisdiction when it comes to all the other cases.

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The primary reason behind the separating and branching of the United States government was to ensure that no single party or individual will claim total power. At no point would the president dictate on any issues without the full consent and approval of the legislature and the judiciary, and this ensured that the rights of the citizens are secured through the strict adherence to the constitution. It is an attempt, a successful one, to eliminate any form of tyrannical leadership and promote liberty and democracy. The only exception for the separation of power is the presidential pardon which is exclusively and autonomously conducted by the president.

Governments exist in different forms, with some having a central national government ruling over every state, while others have state governments with relatively influential power, as well as the federal government (Longley 2018). Federalism is a principle outlining the relationship and interdependence between the federal and state governments and clearly describes their jurisdictions and responsibilities. There are some sectors and situations under the state government, others on the federal government while others fall on both the state and the federal government. This specification has had impacts on many systems, among them the criminal justice system. Article I section one of the constitutions clearly outlines that "All criminal trials must take place in the state committed." The differences in the jurisdiction have for long left a heavy responsibility to the state governments, but the collaboration with the federal government chips in to save the day.

The criminal justice system is composed of various departments and stakeholders. Among them are:

a) The law enforcement: these are the individuals and agencies responsible for maintaining public order and enforcing the law while guaranteeing citizens of public safety. Law enforcement entails the prevention, detection and in-depth investigation of crime (BJS 2018). After the investigations, they can thereafter apprehend and detain the suspected law offenders. Law enforcement works hand in hand with the judicial systems to ensure that justice is served to the offended and the offender.

b) Criminal court: the criminal court is a court granted the responsibility and jurisdiction to rule and decide over criminal offences (Correctional officer.org. 2018). These offences are the violations of the criminal law. The criminal courts alongside criminal justice fall under the federal government's jurisdiction. The criminal cases are often channelled through the federal states attorney's office, with close collaboration with the law enforcement.

c) Civil courts: the civil courts are courts involved with the disputes between individuals, and are typically handled at the state government levels. The civil matters under its jurisdictions usually are referred to by the supreme courts, and the cases often involve the issues affecting the lives of citizens within this states. It could be about divorce cases, child support among many others.

d) Correction: this is the reform and rehabilitation system aimed at offering correctional services to convicts and delinquents. The correctional facilities manage incarcerated convicts, those conditionally released and the minor punishments as well (Correctional officer.org. 2018). The system has programs and facilities that enable them to reshape the behaviour of the inmates and gradually up their chances for their reentry and reintegration to society.

The separation of the government into three branches gave rise to the judicial systems, and the specification of the federal and state governments led to differences in this system. The federal criminal courts differ from the state criminal courts, right from their jurisdictions to the forms of cases they deal with. The local/states establish state courts while the constitution creates the federal courts. The state courts deal with all the cases within the state, unless specified otherwise, and the jurisdiction is broader since they handle cases of domestic violence, all the way to robberies. The federal courts only deal with the matters specified by the constitution.

References

Bureau of justice statistics (BJS) (2018). Law enforcement. https://www.bjs.gov/index.cfm?ty=tp&tid=7#pubsCorrectional officer.org. (2018). US criminal justice system: Intro to the American justice system.

Longley Robert (2018). Federalism and how it works. Thought Co. https://www.thoughtco.com/what-is-federalism-3321880Lorcher Trent (2012). The three branches of the US government. Bright hub education. https://www.brighthubeducation.com/social-studies-help/102672-the-three-branches-of-government/