Justice In America Essay, Research Paper
Justice In America
The early days of the court system in America was largely influenced by the Romans. American civil laws were brought about from the Roman Justinian Code, Which was developed in the sixth century A.D. It was brought to this country by the French, Spanish, and the Dutch, where it was modified so as to be useful and applicable to the situations encountered by early American settlers. Another source of American civil law was the Napoleonic Code, which also has its basis in Roman law. As our country developed it gave rise to fifty-one individual codes of civil laws. The Random House Dictionary of the English Language the Unabridged Edition defines civil law as the body of laws of a state or nation regulating private matter. The courts use these laws in administering justice and formulating decisions.
Another basis for the early American court system is the English Common law. Common law is defined as the unwritten law, especially of England, based on custom or court decisions, distinct from statute law. After the Revolutionary War the American courts became detached from the English court system. Each colony began to develop its own distinct common laws. As time passed, U.S. Law developed from a combination of English common law and American statutes. Common law develops from the decisions of judges over a period of time.
(The Athenian Court and the American Court System By Henry A. Rhodes: http://www.yale.edu/ynhti/curriculum/unit/1984/2/84.02.08.x.html#c)
Another aspect of the English legal system adapted by most U.S. legal systems is the grand jury. A grand jury is a body of citizens (chosen in the same manner as jurors) whose responsibility is to determine if there is enough evidence to justify bringing charges against an individual. The grand jury was instigated in order to avoid the official persecution by a prosecutor without just cause. Grand juries are not a part of every state judicial system while a grand jury indictment is necessary for federal prosecution.
Two types of cases are handled by state courts: 1) criminal cases where it is alleged that a state law has been broken. 2) Civil cases cases involving a dispute between two or more individuals. Criminal cases can be classified as either felonies or misdemeanors. Felonies are the more serious crimes usually involving murder, kidnapping, or burglary. The less serious offenses such as traffic violations, disorderly conduct, or indecent exposure are referred to as misdemeanors.
(The Athenian Court and the American Court System By Henry A. Rhodes: http://www.yale.edu/ynhti/curriculum/unit/1984/2/84.02.08.x.html#c)
It is in my belief that the goals of the Justice System are to keep criminals off the streets and away from the American public. It is also to rehabilitate those individuals who can and are able to be rehabilitated. Not every individual though in the system is capable of being rehabilitated. The central goal of the system essentially is to keep criminals off the streets. The most important part of the system being, to provide a safe place for Americans and the people who inhabit our country, and to make sure each individuals rights are being given in a fair manner.
A few ways in which the government try s to accomplish this task is by taking the individuals that are a threat to the community off of the streets, just simply lock them up for a determined amount of time, until they are ready to be brought back into the American public. Another way is by rehabilitation, especially amongst the juvenile population. If you catch them when they are young, there will be a better chance that they will less likely return to the prison system at an older age. The last way, and the ultimate way to keep criminals off, if deemed necessary is by death, in which the case applies to the individual in question. This being also the most controversial way of taking criminals off the streets and away from the public. It raises many moral questions that we must consider, one being, who are we to decide who should die and should not, we are not God.
One thing to consider is the flaws that exist in the system, such as the police who discriminate again races, court systems and judges from southern areas of the country who still discriminate again certain races, which is has been going on since the early days of this country. Being that this is the case, the system is not perfect, nor is it always fair to individuals in question. Such is the case where innocent people have been executed for murder trials that they did not commit, only to have the real murderer admit to the wrong doings after the innocent person has been executed. This is what makes our system imperfect, but is anything ever perfect?
Can there ever be a system that will be perfect in every which way, morally, justice wise, and fair, for the public? All we can do is try and learn from past mistakes and tailor a system that is fair, moral, and keeps criminals off the streets. Which is what I think the country has done. For the most part the justice system keeps our country relatively safe. As long as the citizens follow the laws set forth by the country then crime and punishment can be reduced, but never stopped, as there will always be rotten apples in the group.
Works Cited
+ The Athenian Court and the American Court System
By
Henry A. Rhodes
http://www.yale.edu/ynhti/curriculum/unit/1984/2/84.02.08.x.html#c)
+ Random House Dictionary of the English Language the Unabridged Edition