¶ … growth and use of the First, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution using the modern day criminal justice system.
According to Webster's dictionary of Law, Judicial Activism is defined as: "The practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint." Over the past 4 decades, since the practice of judicial activism has been created by then NAACP lead attorney Thurgood Marshall in order to forward the progress of civil rights legislation, liberal political interests have pursued a practice of judicial activism in order to expand the powers of the government into the lives of U.S. citizens by bypassing the legislative limits defined in the constitution. Through this practice, small minorities of political interests have hijacked a political system which was purposefully designed to include checks and balances in order to prevent exactly what judicial activists have been able to accomplish.
For example, the first amendment is written in three clauses. Typically called the free speech amendment, the first amendment states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The first and third clauses have been used to bludgeon the second clause out of existence. Congress is currently making laws which restrict and prohibit the free exercise of religion on the basis of "separation of church and state" even through the phrase 'separation of church and state' does not exist...
Whereas judicial decisions are more likely to concern substantive matters of law and definitions of legal concepts, legislative adjustments generally reflect social consensus, particularly over large spans of time. Admittedly, political access and the relative ability of specific individuals, communities, and entities to generate legislative changes beneficial to them are not, in any sense, equal when viewed from the microcosmic perspective. Nevertheless, over time, changes in the American criminal
Equal Protection: Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent
Criminal Justice Trends The trends of the past, present and future that outline the borders connecting the criminal justice system components and their links adjoining the society is, beyond doubt, an authentic relationship that the law and society have established. Criminal justice has been affected by various trends in the times gone by. This is because trends keep changing with the passage of time. Therefore, it is exceedingly important for the
Other Implications If the issue of pant sagging is not addressed, it will lead to public dissatisfaction, especially from people who have raised concerns. It will also continue the implications on black men as being disrespectful gangsters, or as Cosby says (middle class blacks who are disrespected and despised gangsters, whose egregious behavior is sagging pants). It will also continue the implication that the black represent some unified community which is
D.). Armed robbery is an offense carried out while in possession of a drawn weapon like gun despite of whether it was fired or not. Plea negotiation or bargaining is usually conducted in order to lessen trial expense and involves the provision of a lesser sentence by the prosecutor in exchange for admission of guilt. Pre-trial conference involves discussions between the defense, prosecutor, and judge to ascertain the need for
Criminal justice administration mainly focuses on crime prevention and punishing any illegal activities. Criminal justice administration is wide and it entails law enforcement and the judicial administration. Some of the jobs that relate to criminal justice administration include; security coordination, juvenile delinquency administration, law enforcement and being a courtroom official. Additional crime is also part of criminal justice administration. This field entails terrorism prevention, immigration policies and social policies. Other
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