A government is known as the system or group of people leading a structured community, usually known as a state. ( Oxford dictionary 2010)
Government is a way by which governmental policies are imposed, as well as a method for shaping guidelines. Each government has its own constitution that is a declaration of its prevailing philosophy and principles balanced between absolute tyranny and individual freedoms.
Three Branches of the Government:
The states government is composed of three different branches to enact, enforce and adjudicate its particular duties. These branches are more popularly known as the legislative, executive, and judicial branch.
The Legislative Branch of the Government:
The Legislative Branch contains the House of Representatives and the Senate, together forming the United States Congress. The Constitution gives Congress the solitary power to pass legislation and announce war, the authority to authenticate or refuse many Presidential actions, and considerable undercover authorities.
The Executive Branch of the Government:
The executive branch is that pillar of the government which applies its powers in and maintaining the governance over the state. The executive carries out and implements law. The executive may be the foundation of certain other laws, such as an executive order executive order decrees.
The Judiciary and the Government:
The judiciary (also is known as the judicature, the judicial branch, the judicial system court system or Judiciative Branch). It consists of the court system that construes and implements laws in the legal cases.
Roles Of Each Branch Of The Government:
Mckee claims that the criminal justice system is a “state”responsibility. Therefor each branch of the three pillars of state has a duty to do in enforcing the law with in the state whilst also performing their individual duties. Enactment of law is done at a local level such as prison procedures. Establishing and enforcing laws pertaining to the legal system is mostly the state’s responsibility. The federal government reproduces these laws on a national level. Eventually jails prisons and rectification programs can be functioned at all government levels. In actual an echelon of administration system appears to govern each meticulous duty with in the legal system.
The Interconnection and Independence of The Branches:
Legislatures are the assemblies that make the laws within the state such as the US Congress or other organizations developing the laws of all the other states. Legislatures play various significant tasks with in the criminal justice system. The United States comprises of dual feudalistic criminal justice system; in which the state’s legislatures are the basis of the volume of legal laws. Legislature also provides funding for criminal justice agencies and programs. Without which, the functions of this system would stop.
The judiciary’s role in criminal justice is completed by the hierarchical nature of the court systems. This can be made simpler by classifying them in two major classes: i.e the trial courts and appellate courts. Trial courts pass judgments on the responsibility of people accused of crimes and inflict sentence on those found guilty.
Appellate courts are presented with legal pleads from cases that have previously been trialed at leveled or other lower court. These courts exist at the State and Federal levels and they do not consist of a jury. If the high court decides that a law is unconstitutional, then the law is canceled.
The Supreme Court of the United States is the most vital appellate court of United States. The decisions governing how the police treat their suspects and evidences are profoundly predisposed by the Supreme Court.
The headquarters of the President of the United States, the governors of the fifty states, and the mayors of American cities and towns all encompass the executive branch of government. The appointments within the criminal justice system are often regulated by the above individuals; the president appoints federal judges, including those who sit on the Supreme Court.
In America law enactment, enforcement and adjucation is done at local system and at federal levels. Most law enforcement in the United States is carried out on a local level. Thus, local officers are responsible for enforcing the laws of the individual states while sentenced offenders spend their time in local jails or in penitentiaries run by the state. The federal agencies scrutinize federal crimes, and those cases are taken to federal courts by federal prosecutors.
Children have always been treated at par with adult criminals through out the American history. Common law indicated that, children below the age of seven could avail the defense of infancy. Imprisonment and death penalty could be enforced at the age of seven. The 19th century brought about reforms and revolutionized the judicial system of America. Through the Juvenile Court movement, the juvenile court bill implemented in Illinois in 1899, the system has now extended to the District of Columbia, and Puerto Rico along with every State within the Union.
Early legislators thought that children facing ridged and cold adult criminal justice system long with prison sentences and sharing prison space with adult criminals was awful. Thus the procedural and substantive and the criminal law combined had to be removed in favor of a system that fostered “rehabilitation” or “treatment.”