History Of The Court System

History of the Court System

History of the court system

The criminal justice system in America has experienced many evolutions. The present system is based on laws and regulations which have experienced several inceptions. This system has been developed over the years which now ensures the timely provision of justice and the enforcement of rules and laws. Today, the police, courts and the corrections are the essential features of the United States criminal justice system.

Historical aspect of the United States criminal court system

The history of the American civilization suggests that it has spent a considerable period without formalized rules and laws which could have guided the society. The colonial history of America suggests that people were persecuted and sentenced to death just on beliefs put forwarded by some learned people. It gradually forced people to think, how they can co-exist in a land without fear and a proper justice system. Things finally became civilized as the country progressed. The major thing which influenced the criminal court system in America was the detachment of religious philosophy from existing laws ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"qgLMU6kd","properties":{"formattedCitation":"(Johnson, Wolfe, and Jones 1988)","plainCitation":"(Johnson, Wolfe, and Jones 1988)","noteIndex":0},"citationItems":[{"id":1890,"uris":["http://zotero.org/users/local/s8f0QVnP/items/YV4NSFSM"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/YV4NSFSM"],"itemData":{"id":1890,"type":"book","title":"History of criminal justice","publisher":"Anderson Cincinnati","source":"Google Scholar","author":[{"family":"Johnson","given":"Herbert Alan"},{"family":"Wolfe","given":"Nancy Travis"},{"family":"Jones","given":"Mark"}],"issued":{"date-parts":[["1988"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Johnson, Wolfe, and Jones 1988). The laws were modified to uphold civilizational values and the values of morality. The unjust use of religious values was often criticized by early Americans. Although detaching religion as a guiding tool became the reason for more violations, but it provided more authority to state institutions like Police, courts, and corrections ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"afdxkgUV","properties":{"formattedCitation":"(Johnson, Wolfe, and Jones 1988)","plainCitation":"(Johnson, Wolfe, and Jones 1988)","noteIndex":0},"citationItems":[{"id":1890,"uris":["http://zotero.org/users/local/s8f0QVnP/items/YV4NSFSM"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/YV4NSFSM"],"itemData":{"id":1890,"type":"book","title":"History of criminal justice","publisher":"Anderson Cincinnati","source":"Google Scholar","author":[{"family":"Johnson","given":"Herbert Alan"},{"family":"Wolfe","given":"Nancy Travis"},{"family":"Jones","given":"Mark"}],"issued":{"date-parts":[["1988"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Johnson, Wolfe, and Jones 1988). A large number of Americans started believing that God’s law was used unjustly and was often misinterpreted.

The historical aspect which affected the court personnel

The judicial system works with individuals. Any aspect that affects courts, affects even those who are working in the courts. In this way, the detachment of law from religious edicts was a landmark decision in American judicial history. This is the aspect which shaped the contours of legislation in the country. It is no escaping the fact that constitutional law became supreme in the land when there was no other interpretation of the law ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"MZjKnlRD","properties":{"formattedCitation":"(Johnson, Wolfe, and Jones 1988)","plainCitation":"(Johnson, Wolfe, and Jones 1988)","noteIndex":0},"citationItems":[{"id":1890,"uris":["http://zotero.org/users/local/s8f0QVnP/items/YV4NSFSM"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/YV4NSFSM"],"itemData":{"id":1890,"type":"book","title":"History of criminal justice","publisher":"Anderson Cincinnati","source":"Google Scholar","author":[{"family":"Johnson","given":"Herbert Alan"},{"family":"Wolfe","given":"Nancy Travis"},{"family":"Jones","given":"Mark"}],"issued":{"date-parts":[["1988"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Johnson, Wolfe, and Jones 1988). Previously, religious edicts were used to corrupt the book-documented law and this was the reason for its ineffectiveness in society. This dichotomy of religion and law helped personnel in the judicial bodies to concentrate only on the constitution and its provisions. Attorneys were clear-headed in their approach towards law and legislation and they did not deviate from the provisions of the criminal law. No religious ambiguities became the part of their legal professions anymore, and this is how the detachment of law from religion brought efficacy in the implementation of constitutional law and important legislations in the country.

Court Terminology

Several court terminologies exist in the domain of law. It is quite common for judicial bodies to work with their legal terms and abbreviations. In this way, several key terms evolved in the process of implementing the law and giving judicial verdicts. Some of the famous court terminologies are Habeas Corpus, Certiorari, Mandamus, ipso facto, ab initio and et el. Every term has its meaning and context ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"P9fUmO6k","properties":{"formattedCitation":"(Ingram 2017)","plainCitation":"(Ingram 2017)","noteIndex":0},"citationItems":[{"id":1891,"uris":["http://zotero.org/users/local/s8f0QVnP/items/MVNPSUSR"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/MVNPSUSR"],"itemData":{"id":1891,"type":"book","title":"Criminal evidence","publisher":"Routledge","source":"Google Scholar","author":[{"family":"Ingram","given":"Jefferson L."}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ingram 2017). Habeas Corpus is the term which is against the illegal detention of a body. The term of Mandamus is frequently used in court proceedings which signified the purpose of the mandate for any public personnel or the public body. Ipso facto also evolved in the judicial proceedings and it explained e phrase “by that very fact”.

Areas which needs improvement

The criminal court system is working fine in the United States of America. However, there are still some areas of improvement. There has to be more focus on the rehabilitation system and the quality of prison so that it reforms those individuals. Moreover, the nepotism and favoritism should be eliminated. All the promotions in the courts have to follow the merit principle in letter and spirit. The criminal law should be applicable on all without any discrimination and the judicial bodies need to be vigilant of this fact in their judicial verdicts. Hence, these are some of the measures to reform the criminal court system and the bodies involved in the implementation of justice in society.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Ingram, Jefferson L. 2017. Criminal Evidence. Routledge.

Johnson, Herbert Alan, Nancy Travis Wolfe, and Mark Jones. 1988. History of Criminal Justice. Anderson Cincinnati.