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Basic Criminal Law, Essay Example

Pages: 2

Words: 637

Essay

Introduction

In the American constitution the criminal justice is termed as the mode through which the government and the judicial system use to uphold the ethics of the constitution in social control and shielding the state from criminology. The criminal justice is also used to uphold justice in the American State as it serves as the standing order to be followed in incidences of law violation; it also provides the penalties and actions to be taken to the law offenders and criminals (Davenport, 2009). The American criminal justice states that justice should be uphold in all cases such that the accused will receive justice from the law.  The criminal justice in America as the reduction of crime as its primary role, this is done by ensuring that all law offenders are brought to books and brought to face the law.

In the planet earth there is no country which exists without the administration of law, the law is always administered by prescribed institutions. The law is not put in place to against the right of the Americans but it is meant to give directives about what should be done and not to be done within the countries premises, thus ensuring that there is cohesion in the society. The administration of law did not start with the current American government but it has been passed down to them by the previous governments, law in the earth as existed from the times of ancient roman territory starting in the building of roman wall (Walker 1992). The laws in the American do not mean that they are 100% coexisting with the existing natural law, for instance religious issues do contradict with the laws of the American government. In the American criminal justice their exist two types of laws that is the criminal law which is mandated to control actions which are viewed to be dangerous to the society and the civil law which deals with issues rising among the citizens.

In chapter there are three terms which are more emphasized; these are law enforcement, adjudication of the law and the correction of law offenders.

Law enforcement

The law enforcement in American justice system is done by the police, this serves as the primary institution which an offender comes to contact with, the police are supposed to investigate the allegations leveled against the offender and proceed to make an arrest if the offender is found guilty (Garland 2002). The police are supposed to enforce the criminal law peacefully with little power been exercised. Law enforcement is concerned with various activities but the fundamental one is the maintenance of law and order.

Adjudication

In the American criminal law the adjudication is done by the court which acts the scene in which all kinds of disputes tend to be settled and act of justice done to the offender. The court to call valid should have a judge, prosecutor and the defense attorney according to the American criminal law, the American criminal law advises that guilty and innocence should be achieved through an adversarial mode. The final ruling is supposed to be undertaken by a third party who has no interest in the case.

Correction

Under the American criminal law correction is undertaken by the state of Washington, where offenders are given to correction authorities if they have been proven guilty in the court. The correction measures are administered according to the intensity of the crime committed and the ruling made by the court (Garland 2002).

Conclusion

These three terms makes the American criminal justice the best criminal just among the western countries and relatively the best in the world (Davenport, 2009).

Reference

Davenport A.U. (2009). Basic criminal law: The constitution, procedure, and crimes (2nd  d.). Upper Saddle River: Pearson.

Walker Samuel (1992). “Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, Washington publishers, USA

Garland David (2002). “Of Crimes and Criminals”.  Oxford University Press, USA

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