American Legal System Essay Research Paper The

American Legal System Essay, Research Paper

The American Legal system has been a strong order of justice since our forefathers created it when America was being born. Since there are so many parts and processes of the justice system, it has been divided into different agencies and departments, to ensure that system works in a manner that is efficient as possible. Like any other country in the world, the Unites States has crime and has a way of defending and regulating its control with police, courts, and a corrections system. Although the American Legal System does not work as well as we would like, it seems as if the control of 295 million citizens is doing well. We have police, with firearms, patrolling our streets to answer our calls of distress 24-hours a day, courts to handle each and every infraction of serious crimes, and a corrections system to punish offenders or try to rehabilitate them for release back to society.

The first order of the American justice System starts in the community with the police agencies that govern the people of the country. Local cops, state police, highway patrol, the FBI, the ATF, and the U.S. Marshals, are all different policing agencies that help to control life in society and keep it sound. The police are here to regulate all that is around us, from enforcing traffic rules, answering calls for assistance, probe suspicious circumstances, maintain a police presence in the community, solving domestic disputes and crimes, and at the most to protect and serve the community. Police have a variety of jobs that help to better the place we live. Through collaboration with other departments, today the police are working to find what causes crime and what factors we can use to prevent it. Policing is a limited business that has many restrictions to it as well. Before the police can catch a criminal, they have to have sufficient evidence or probable cause, which a crime has been committed or will be committed. Probable cause to make an arrest could be for example, an officer making a traffic stop and seeing a handgun in the backseat of the car, or perhaps a search warrant, issued by a judge, permitting agents to invade a suspected drug dealers house. Without sufficient probable cause or evidence it is against the law for any police agency to inflict charges upon any one person. The Supreme Court case, Mapp v. Ohio (1961), dealt with establishing the principle that illegally obtained evidence cannot be used against a person in any case, meaning that evidence is void without probable cause or a warrant. Officers entered Mapp s home to apprehend a suspect but seized evidence that had nothing to do with the specific case. Police gather intelligence through surveillance operations, complaints or tips from the community, and even suspicious behavior. Police only involve their work with people if they believe that person can help them in gathering information about, and or solving crimes. The Police in our society have a hard job. The job of keeping hundreds of millions of Americans safe, sound and assured that there is a force that is protection us. This force is the first step in the justice system, the police are seen regularly in their cars or not at all, like the FBI, who work undercover, but they enforce the social problems of today and provide the courts information to process crimes in the justice system.

The next step in the American legal system is the courts. The Constitution States in the Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witness in his favor, and to have the assistance of counsel for his defense. Each town, county, state and even the Federal Government have courts to deal with the large amount of crime and infractions of the law we have everyday. Our circuit, county courts deal with the local, state, and federal problems immediately, while the appellate courts of each branch take the cases that already been decided upon, but will be tried again. Once someone is arrested they are held to determine if they should stay in custody or are released on bail to stand trial at a later time. That person has the right to a defense by a lawyer of his/her choice or they will be appointed one. The judge and the prosecuting attorney decide what the charges should be and what penalties the defendant can receive. One specific case that has been a catalyst in the advancement of our Constitutional rights is Miranda v. Arizona (1966) which gave people certain rights when they are arrested. Ernesto Miranda was arrested but he was interrogated under the notion that he was not aware he was entitled to legal representation. This case informed suspects of their constitutional rights to silence, counsel, and protection against self-incrimination, which is insured by the Fifth Amendment to the Constitution. When someone is to stand trial for a charge, the decision to punish is determined by a jury of peers. The jury usually consists of random citizens that are not associated with the defendant or case. This is to ensure that it is a fair trial and there are no discriminations. Prelimin