Judiciary
The American judicial system was formed by emulating English
law, a system of “Common Law” in which
judges do not just read the law and decide cases based strictly on what is written
but based on its individual merits as well as their interpretation of the law.
In the American legal system the Judges are charged with
interpreting the written law using their own “judgement” as well as incorporating historical cases which is known as “legal precedent”. As judges are not
to go against cases that have already been decided they must consider past
cases prior to making decisions and interpreting existing laws. The influence
of past decisions has very strong influence in judge’s decisions in cases being
considered still today. I partially agree with this particular system as we
should not be reinventing the wheel, however circumstances and situations
change. Times also change and if we as a society continue to make judicial
decisions based on past rulings there may be cases in which judges could send innocent
people to jail, or even let guilty people go free based on decisions made with
an out dated point of view. In order to consider previous decisions while continuing
to maintain their ability to pass judgment over the case at hand judges should
be able not only to interpret the written law, use “legal precedent”, use their
judgment, consider the case on its own merits, but also use all the new
technology that is available.
In our judicial system we also afford our judges the ability
to make or accept plea deals in order to alleviate or reduce the amount of time
that cases may take. Due to the fact that interpretation of law can be time
consuming and may cause back logs in our court systems. This allows the courts
to secure a timely resolution therefore allowing the court system to see more
cases and be “more effective”. Our
judicial system also differentiates the different types of crimes whether
criminal or civil. I believe this separation allows for a more specific
procedure that will allow judges as well as lawyers to better serve their offices
as well as their clients.
Although many conservatives may oppose the current way in
which judges interpret law this is exactly the way the system was designed to
work in our Constitution. Our system of
law if interpreted the way it was designed is meant to give all citizens equal
rights and equal treatment in a court of law. Any one facing a court must be
afforded what is known as “due process” which basically means that they must
follow an established process or set of rules prior to making decisions that
may lead to prison terms. This due process insures that our citizen’s rights
are not being violated.
We may not have a perfect system however if our judges follow the established laws we should be able
to afford our citizens as fair a system as is possible while maintaining civil
order. Our judicial branch is charged with protecting the rights of all
Americans including minority groups as well as the poor which in turn should allow
all to get justice not just those in the majority, privileged, or “upper class” groups of our society.