1. Running head: Criminal Justice1
Advanced Criminal Justice Unit 5 IP
Tracey Percifield
American Intercontinental University
July 10, 2011
2. Running head: Criminal Justice2
Advanced Criminal Justice 5 IP
ABSTRACT
The three branches of the Criminal Justice System uphold the law that is set by our Constitution
and allows Congress to carry out and enforce federal laws while allowing the states to set laws
and uphold and enforce them. The court system is designed to carry out certain functions and
responsibility to create a balancing power between them.
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INTRODUCTION
The Constitution holds the grounds and forms a base for power to be distributed equal by
Congress and gives the standard that all people will adhere and live by. The Constitution also
protects our rights from being violated by the Justice System. The police, courts and corrections
serve for mandating the law, upholding the law and carrying out sentencing for the law. These
three branches are important and the functions that they fill serve the purpose of the Constitution.
THE THREE BRANCHES OF THE CRIMINAL JUSTICE SYSTEM
Policing and the law has been around since the sixteenth hundred eras and King Louis XIV
started law enforcement in Paris-France and has changed how it functions and operates over
decades but giving us the foundation of law enforcement and the justice system we have today.
When establishing the newly founded North America of the United States and as it was
starting to form colonies law was needed to enforce and maintain order. The Founding Fathers
took and enhance the European law and wrote the Constitution to give power to the states to
form and make laws for the criminal justice system and while the federal government is more
concern with national law most crimes were committed throughout the states.
Policing is concerned with enforcing the law and keeping the citizens safe within its
communities and state, although, law enforcement work together across state lines. Law
enforcement is concerned with upholding the law and interceding on it’s behaved. When
Congress gives the power for Federal Law, regulating the whole United States, but has
jurisdiction when it comes to the Constitution on Criminal Law allowing for the states to hold the
most power and therefore makes the laws that govern what holds the American people and they
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must abide by.The policing law enforcement includes serving the public and holding forth what
the law mandates or makes into a law.They are concerned with serving the public, keeping peace
throughout the communities and serving the government per the Constitution. The policing are
important due to holding the law that’s in effect. While the next branch of the justice system
details of hearing the law. The law that is heard is the court system and mandating the laws that
you have broken against the government and the people that we serve into the society we live in
(Bureau of Statistics, 2010).
The court system picks up after the policing takes effect and hears the charges brought forth
by the policing or the enforcing unit of our justice department. They are accountable for knowing
the law and our Constitution and the Amendments, and therefore, holding true to that founded by
our Founding Father’s on the original signing of the Constitution. Judges are appointed by the
state and by the representative’s and thus upholding the power provided by the Constitution
holding states and allowing its mandating its laws the power to enforce them. They aren’t just
empowered by the Constitution by the state providing and enforcing and upholding its laws in
effect. Each state varies from state to state but with certain formation and upholding the
Constitution stay within its boundaries.The court system is responsible for upholding both the
national need of justice and the state need of justice. The difference is that the state need of
justice is responsible for upholding the needs of the state of which it incorporates and the
national need is to serve the federal need or the United States Constitutional needs toward the
government.Most individuals think the federal government is stronger and more effective that
the state, when in reality that state is much stronger than federal guidelines and enforcing and
upholding the state law but per to the Constitution. It was designed and left out when signing the
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Constitution so that no one law enforcement was in control but, too distinguished between them.
Giving and upholding the state laws per state(United States Courts, n.d.).
Corrections hold the last key and enforcing the Constitution, the state law and upholding
justice in an instant. It is with all three processes that the correctional facilities can mandate all
that has be written and stand s for within federal, and state law and punish those that have been
found guilty of any crime that they have violated.
Corrections have their own set of rules that they have to adhere by, for they are the most
venerable, due to many jurisdictions. They are bound by global law of human rights, then civil
rights, then that of justice and faced with many rules and boundaries of natural citizens and
unnatural citizens they have the most laws of any one to intercept. Corrections are responsible
for detaining the offenders that have been convicted of crimes within the criminal justice system
(Bureau of Statistics, 2010).
Forming one policing that handles arresting and sentencing wouldn’t work in the United
States and no one organization or bureau was intended to have all the power. It also would cause
conflict due to one organization having all the power. Each branch has a specific duty and has
certain boundaries and it’s by those boundaries that make the system work. The branches are
there to make sure that each other stay in the boundaries and uphold the law and Constitution.
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REFERENCES
Bureau of Stastistics, . (2010). Police and detectives [Web log
message]. Retrieved from http://www.bls.gov/oco/ocos160.htm
United States Courts, . (n.d.). Understanding state and federal courts [Web log
message]. Retrieved from
http://www.uscourts.gov/EducationalResources/FederalCourtBasics/Co
urtStructure/UnderstandingFederalAndStateCourts.aspx