The Judiciary is the legal branch of the criminal justice system. It judges both those accused of crimes and the laws themselves. In some countries, the judiciary is subservient to the ruling authorities, but most employ the U.S. model.
In the United States, the Judicial Branch of government is Constitutionally co-equal to the other branches of government. In the field of criminal justice, it serves both to mete out punishments and to rule on the legitimacy of laws passed. Thus, no discussion of criminal justice is complete without including the role of the Judiciary.
"All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary."
- Andrew Jackson
Central to the judiciary is Law. Indeed, any trip to the local courthouse will reveal a murder of lawyers, moving in and out, shuffling between the court room and their law offices, which are often quite near. Many older courthouses are situated within the old town square. Surrounding this square will be the highest concentration of law practices anywhere in the city.
And while this may make it appear that the judiciary is central to it all, in fact the judiciary is founded on law. The laws of a jurisdiction determine the kind of court needed, be it local, county, state or federal. Thus, Law is central to the judiciary, not the other way around. And since the courts are responsible for both civil and criminal cases, law is central to criminal justice.
This this section, we will examine the role of law as it relates to the judiciary and the implementation of justice.
Without courts, the judiciary, law enforcement efforts fail. In the United States, judicial agencies control all civil, criminal and appeals processes. Here we explore the various agencies the their roles in serving the demands of justice.
The history of the modern judiciary includes a vast array of courts from so-called Kangaroo courts to careful attempts to apply justice. Here we explore the various attempts humans have made to create a just experience for all.
What does the future hold for the judiciary? Political and social changes affect how courts function. Each year brings changes whether by necessity or thanks to technological or social changes. What kind of changes can be expected?
Although the modern judiciary is perhaps the best it has ever been in history, it is not without issues. Some of these include best use of Drug Courts, Jury Nullification and Victim's Rights. Here we explore the issues making an impact on the modern courts system.
Technology changes every industry to some extent and the courts are no different. Everything from the inclusion of cameras into courtrooms to metal scanners at the points of entry are technologies which alter the judiciary. Here we explore technologies which may impact the court system.
The modern court system is complex. As an adversarial concept, careers in the judiciary range from defense roles to prosecutorial to neutral. Everything from lawyers to judges to clerks and law enforcement offices are needed to keep the system running smoothly.
By C J Oakes One of the best known rights enumerated in the United States’ Constitution is the Fifth Amendment right to remain silent. Not as well-known are the origins of this portion of the so-called Due Process clause. In fact, most of the provisions known as Due Process stemmed from injustices experienced under English rule; the founders of this […]
By C J Oakes The primary function of the United States Supreme Court is to determine whether laws, law enforcement, other such entities, or citizens violate the Constitution. This panel of experienced judges sits bi-annually to hear cases from the nation (Lippman, 2010) and in recent years, many of these cases have dealt blows to […]
In these pages we will be providing a growing list of resources of interest to both students and professionals of criminal justice and the laws governing it. Because the list of possible resources constantly grows, this section will never be "complete." Rather, it will continually grow as more agencies and organizations form.
We know we do not have all the answers...at least not yet. To better help our readers, we provide what we believe to be the most useful links to agencies tasked with enforcement of the judiciary. Some work with the judcial entities while others, known as watchdog groups, investigate cases of wrongdoing within the courts.
Delivering Justice/The Courts
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About CJLaw Intl
The purpose of Criminal Justice Law International is to explore issues of importance to Criminal Justice and Law students worldwide while providing tools and resources to enhance education.
Justice is NOT just an American concept.
Justice, social justice, and criminal justice impact everyone on the planet. As the world becomes more globalized, more interconnected via technology and transportation, a need arises to alter the old ways of approaching criminals and crime control.
We hope to be a positive influence on these changes. Learn more About CJLaw Intl.