What are the functions of each branch of the U.S. government?
What are the functions of each branch of the U.S. government
How do you think each component impacts the criminal justice system?
How do you think each component impacts the correctional system
- cat loverLv 78 years agoFavorite Answer
The Executive Branch is headed by the President, and the job of the Executive Branch is really implementing the laws passed by Congress. And the Justice Department is an important part of the Executive Branch. They prosecute violations of the law. So they start out assuming if a person is arrested, then they are guilty. It is not their job to give a fair trial, but to get a conviction. They also run the prisons. There is no parole in the Federal system. But probation and pre-trial aspects are part of the courts, so that is under the Judicial branch.
So probation is monitored based on the decision of the Courts, and pre-trail monitoring is based on the evaluation of the Courts, based on input by the person's lawyer, and the federal prosecutors. So if you have a good lawyer, your pre-trial conditions may be less, but have a poor lawyer and an aggressive prosecutor, and you may sit in confinement awaiting trial.
The Judicial Branch is the Courts. They are the protectors of the Constitution. It is their job to see a person gets a fair trial. If a person is arrested, it depends on the persons lawyer to get a fair trial, and the Courts will step in if the Justice Department crosses the line and tries to deny the person a fair trial. After conviction, sentences originate in the Courts, and are carried out by a division of the Executive Branch. The Judicial Branch provides law, and for some, that is not the same as justice. The Courts rule whether charges brought against a person conforms with the law. So if a person is charged with the wrong law, the Courts will toss out that charge.
The Legislative Branch is the third branch. Lately, it seems they accomplish nothing. But the laws originate in the legislative branch, enforced through the Executive Branch, and ruled on by the Judicial branch. All three branches are equal under the Constitution.
When the legislative branch decides to make everything a Federal crime, it adds to the number of people who can be arrested and convicted. The legislative branch can only enact laws that affect Federal areas. So while bank robbery is a Federal crime, since deposits are insured by the FDIC, a part of Federal government, shoplifting at a local store is not a Federal crime, but a local one.
And traffic violations are local crimes, not Federal. But try and hijack an airliner, and that is a Federal crime.