What Is the Responsibility of the Judicial Branch of the Criminal Justice System?
- The judicial branch of the U.S. government is charged with enforcing the rule of law, a principle upon which the United States was founded. It also exists to enforce the balance of power between the legislative and executive branches. It is intended to be impartial and non-partisan.
- The Supreme Court is the highest court of the land and has the final say when there are disputes in the lower courts. The federal court system is organized by districts. Each district has a federal district court and an appellate court that hears appeals from several federal district courts. The state court structure is similar with district, circuit and appeals courts. States also have a state supreme court, which a case must go through before it can appeal to the U.S. Supreme Court.
- The federal judiciary hears cases involving the constitution, treaties, disputes between the states, bankruptcy and foreign governments. It also hears civil cases related to federal laws, such as pollution, and criminal cases as they relate to federal statutes. An example of a dispute between the states is the Asian Carp controversy, in which several states sued Chicago to force it to reverse the flow of the Chicago River to keep the carp from entering Lake Michigan and decimating the fishing industry.
- State courts are also both civil and criminal and hear cases involving state laws. Civil cases range from divorce and child custody to disputes over property, contracts, malpractice, personal injury and most disputes that individuals or businesses could possibly have. The state criminal courts enforce the laws of the criminal laws of the state and are there to ensure that justice is served in accordance with the laws of the state and the U.S. Constitution.
- One important, yet controversial function of the Supreme Court is judicial review. Judicial review is a function that protects the citizens from legislation or executive orders that may be unconstitutional. This review ensures that the United States will be free from the tyranny of a government that chooses to ignore the Constitution and pass laws that infringe on the basic guarantees afforded citizens by the U.S. Constitution.
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Judicial Review
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