Criminal Justice System, Part 6
Question 1: Discuss the Constitution of the United States.
Answer 1: The Constitution of the United States, adopted in 1787 and written mainly by James Madison, is the cornerstone of all American law. It represents the supreme law of the United States of America and supersedes all laws drafted subsequently by the federal government and the individual states, which must conform to it. The Constitution is interpreted by the courts, most importantly the United States Supreme Court, which has the last word on constitutional issues. The Constitution may be amended by a two-thirds vote of both houses of Congress and the ratification of three-fourths of the states. Several amendments to the Constitution, especially the first ten amendments (or Bill of Rights), spell out rights of due process that must be observed throughout the criminal justice system.
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Question 2: Explain the role of the President's Commission on Law Enforcement and Administration of Justice.
Answer 2: The President's Commission on Law Enforcement and Administration of Justice was established on July 25, 1965, as part of President Lyndon Baines Johnson's war on crime. It was a response to perceived increases in lawlessness during the 1960s, including the assassination of President John F. Kennedy in November of 1963. The task given the Commission was to examine the role of the Federal government in crime prevention. In 1967, the Commission produced a report entitled The Challenge of Crime in a Free Society, which made a series of recommendations for changes that the commissioners believed were needed in the American criminal justice system. These recommendations were highly influential and had a profound effect on criminal justice in the United States.
Question 3: Discuss the difference between Substantive Criminal Law and Procedural Criminal Law.
Answer 3: Substantive Criminal Law is that body of law that defines which acts are considered criminal by the government and that prescribes punishments for those acts. These laws are created by legislators on the national, state and local levels, and are interpreted by judges during criminal proceedings. Procedural Criminal Law concerns those procedures that are used to enforce the law and to determine the legal culpability of a defendant in a criminal case. In many cases, these laws protect the rights of the accused and are based on constitutional freedoms granted at both the state and national level. Although these laws can also be created in the legislature, they are frequently defined by the U.S. Supreme Court and the supreme courts of the various states. Procedural Criminal Law is based in the Due Process Model of criminal justice.
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