American Correctional Systems

 

American Correctional Systems

 

Responses to Other Students: Respond to 2 of your fellow classmates with at least a 100-word reply about their Primary Task Response regarding items you found to be compelling and enlightening. To help you with your discussion, please consider the following questions:

 

•What did you learn from your classmate’s posting?

 

•What additional questions do you have after reading the posting?

 

•What clarification do you need regarding the posting?

 

•What differences or similarities do you see between your posting and other classmates’ postings?

 

MyPostingtoCompare.American Corrections

Branches of the Government

Question 1: What are the functions of each branch of the U.S. government (CTU, 2013)?

The Judiciary Branch comprises of the third article of the constitution and it charged with defending and upholding the US Constitution (Dunham, 2009). It interprets and applies the laws and makes sure of their constitutionality.

The Executive Branch is the branch of the government responsible for the day-to-day management of the state. The President, who is also the Chief Commander of the Armed Forces, heads it. The Executive implements the laws set by the Legislative Branch.

Legislation is charged with the responsibility of creating the laws that hold the country together. Under Article I, the Constitution establishes the Congress, which is the Legislative Body that is made up of the House and Senate.

Question 2: How do you think each impacts on the criminal justice system (CTU, 2013)?

The criminal justice system in the United States is composed of three branches: Courts, Corrections and Law Enforcement (Dunham, 2009). Each of the branches of the government has different impacts on the criminal justice system.

The Legislation Branch has to come up with laws that ensure that people live together in peace and that prohibit all wrongdoing. The laws have to be relevant and encompass all sectors in the country. These govern the way of life and help to alleviate wrongdoing, as well as set out punishments for criminal acts (Neubauer, 2011).

The Executive Branch has to ensure implementation of the state laws and regulations. The Executive also has to have political will of implementing the set laws especially in law enforcement

(Neubauer, 2011).

The Judiciary Branch involves the courts and the judicial system. They are vital in the criminal justice system as they listen to and determine cases and sentences. Without this branch, people would not get fair trials (Neubauer, 2011).

Question 3: How do you think each component impacts the correctional system (CTU, 2013)?

The Legislation has to come up with laws that are used to determine for which crimes one gets probation, parole or community service. The Executive supervises the parole and probation and hence are important in ensuring their proper implementation (Neubauer, 2011). On the other hand, the judiciary is who determine the sentence handed out to the offenders and also review their

behavior to see if they qualify for probation or not. Hence, all the branches impact on the correctional system and if they do not function properly can result into chaos (Walston-Dunham, 2009).

Question 4: How do you feel about the power of a state governor or the President of the United States to grant pardons? Should this be allowed? Why or why not? Explain (CTU, 2013).

The United States president has the power to grant pardons to petty offenders or those showing progressively positive behavior. This is a good practice that should be allowed to continue. The pardons help to reduce congestion in prisons, and reduce the country’s expenses used in supporting prisoners and running prison facilities. Pardons also serve as motivation to other prisoners to learn and live positively so they can get out and rebuild their lives (Walston-Dunham, 2009).

Question 5: What significant issues do you think exist with regard to the U.S. government and criminal justice? Explain (CTU, 2013).

One of the most significant issues is the politics involved in the appointment of officials to serve the criminal system. At times, the involvement of politics may slow down operations or prevent appointment of highly qualified people (Walston-Dunham,2009).

Some of the laws may prevent the exercise of the full authority of the police and the judiciary. For example, the 4th Amendment exclusionary rule requires courts to leave out otherwise acceptable evidence against a criminal defendant in case it was obtained through an illegal seizure or search (Walston-Dunham, 2009).

There is also the issue of existing pressure on correctional facilities such as prisons. This remains one of the greatest issues faced today since there is less space and more of the country’s income is channeled to address this issue (Walston-Dunham, 2009).

From Theodore

Each branch of the U.S. government has been granted their authority and power by the U.S. Constitution. The legislative branch is comprised of the House of Representatives and the Senate. Both of these branches together form Congress and their primary function is to make and pass laws. They also have the power to create amendments, or changes to the Constitution. The executive branch consists of the President, his Vice President, and the appointed secretaries that head the 15 executive departments, also known as the President’s Cabinet. Their main responsibility is to enforce all of the established laws and those that are passed by Congress. The judicial branch interprets all of the laws and prosecutes those people that violate these laws. It consists of the Supreme Court, 7 categories of lower courts, special courts that handle military law, claims, taxes, and there are court support organizations. Their job is to apply the law in a fair and equal manner and serve the citizens of America by upholding justice through punishment that is enacted by sentencing and judgment. (“Usa.gov,” 2012)

Each component of the three branches of government directly impacts the criminal justice system through the law. The criminal justice system is responsible for abiding by these laws as set forth by each form of government. Their purpose is to “judge suspects’ guilt or innocence and determine punishment when they are guilty of crimes.” (Spellbinder, 2012) The correctional system is influenced by each branch of government as well. They house those persons who have been found guilty of breaking the laws established by the federal and state

governments. These criminals have their sentences set by the judicial system and the correctional system confines them to serve as a form of justice, punishment for the crime or crimes committed, and also to protect the rest of the public from the potential dangers these criminals pose to society. (eHow Contributor)

Personally, I have mixed feelings about the authority to grant pardons. The President has almost unlimited pardoning power and state governors have only certain limitations on their power to allow pardons on criminals that have been convicted of murder or rape with substantial evidence. I understand that our founding fathers granted the President this power for a reason, but I also believe that there should be at least some limitations or circumstances that restrict this absolute control. If Congress requires two-thirds of a majority vote, then there should be some type of system in place, for instance, a two-thirds majority vote between the President, Vice President and Cabinet members. One historic pardon that doesn’t sit too well in my mind was the blanket pardon that President Gerald Ford granted to his former President, Richard Nixon. This happened before Nixon was indicted over recording conversations in the White House and his connection to the Watergate scandal. I believe that President Ford’s decision to grant this pardon was manipulated by his friendship with Nixon. To me, this was a scandal in itself and unjust in its entirety. (“e-ssortment: Your source,” 2011)

Overcrowding of prisons and funding are a couple of important issues that plague our criminal justice system and the government.

According to (Montaldo, 2011), there were over 2 million prisoners that

were incarcerated in the state and federal prisons back in 2003. The expenditures to house these prisoners is catastrophic and that doesn’t even include attorney fees for public defenders or the salaries paid to judges, prosecutors, law enforcement, staff, and the construction of court buildings, police precincts and correctional facilities.

References

eHow Contributor. (n.d.). ehow. Retrieved from http://www.ehow.com/about_5087269_role-correctional-system.html

e-ssortment: Your source for knowledge. (2011). Presidential pardon vs. pardon by governors. Retrieved from http://www.essortment.com/presidential-pardon-vs-pardon-governors-40436.html

Montaldo, C. (2011). about.com. Retrieved from http://crime.about.com/od/prison/a/bjs040720.htm

Spellbinder, M. (2012). Purpose of the criminal justice system. Retrieved from http://www.ehow.com/about_6394980_purpose-criminal-justice-system.html

Usa.gov. (2012, Mar 07). U.S. federal government. Retrieved from http://www.usa.gov/Agencies/federal.shtml

From Tim

The three branches of U.S. government are legislative, judicial, and executive and they carry out governmental power and functions.

The legislative branch, which is made up of the House of Representatives and the Senate make up the US Congress and was established by Article I of the Constitution. (Whitehouse.gov) The judicial branch consists of the United States Supreme Court and lower federal courts. The primary function of the judicial branch is to hear cases that challenge legislation or require interpretation of that legislation. (Trethan) A vital purpose of the executive branch is to guarantee that laws are carried out and enforced to enable day to day responsibilities of the federal government. (Trethan) Each of these components has an impact on the criminal justice system. The legislature is in charge of generating and passing legislation that explains the laws and punishments for offenders. The judiciary, law enforcement and corrections have the job of interpreting and enforcing those laws. (Costa) The judiciary interprets legislation and laws. The court system is responsible for indicting offenders and successively indicting, trying and sentencing offenders found guilty of criminal actions. The courts job is to ensure justice is served, maintain the rule of law and the supervision of criminal justice actions to determine if those actions are within their legal and constitutional powers. Courts are also responsible for hearing appeals challenging lower court rulings in criminal proceedings. (Costa)

The criminal responsibility of individuals accused of violating a law is decided by the courts. Defense lawyers represent the accused offenders in court by. The government is represented by the prosecution, which attempts to prove the guilt of the offender in a criminal trial. The prosecution is also has the responsibility of filing charges, complaints and sometimes negotiating plea bargains with offenders. (Costa)

I really don’t know how I feel about a state Governor and the President having the ability to grant pardons. It would have to be a case by case situation. I do feel that it undermines the judicial systems ruling, but in some cases I feel it is necessary. A good example of a pardon being put to good use is in the case of the Scottsboro 9. Clarence Norris was pardoned by Governor George Wallace in 1976 for a crime he had allegedly committed in 1931. To be honest, I think there are many issues that exist in regards to the US Government and the criminal justice system. Our government system is outlined and ruled by the US Constitution, but what we are seeing today is a violation of that document. Some examples can be found in trials, the prison system and searches. Today’s trials are all about winning instead of discovering the truth. Both sides will do their absolute best to win the court case with no regard of whether the defendant is guilty or not guilty. It has become a circus show mixed with a sports mentality of win at all costs. The prisons have become nothing but warehouses for criminals. They have shied away from rehabilitation and just simply hold the prisoner until his or her time is up. Most criminals consider prison a finishing school where they can learn new criminal oriented skills. Our liberties and protections are being taken away from all of us. Illegal search and seizures are now legal. Drug sniffing dogs can be walked around a location suspected of drug dealing or use. If the dogs alert that there are drugs in the area the police will request a search warrant. This is all still up for debate, but technically that was an unwarranted search of property prior to receiving a search warrant. I am not for drugs or drug use, but if we are to catch these criminals we must do it in a way that is both ethically and morally correct.

Bibliography

Costa, J. (n.d.). Elements of Criminal Justice. Retrieved 02 20, 2013, from ehow.com:

http://www.ehow.com/list_7686905_elements-criminal-justice.html

Trethan, P. (n.d.). usgovinfo.about.com. Retrieved 02 20, 2013, from The Branches of Government: http://usgovinfo.about.com/od/usconstitution/a/branches.htm

Whitehouse.gov. (n.d.). Retrieved 02 20, 2013, from The Legislative Branch: http://www.whitehouse.gov/our-government/legislative-branch