Liberal and Conservative Beliefs of Justices Essay

Tags: white collar crimes supreme court plea bargaining social welfare

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.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. The Constitution pitted Federalists against Anti-Federalists. The former wanted a central government that acted as the top force over all the states; the latter wanted no central government -- because, after all, the Revolutionaries had just fought a war against a king -- why should they turn around and elect a new one? The idea of sovereign states was such that each state was its own master and local citizens could have more say in their government at a localized, grassroots level. The passing of the Constitution essentially tipped the scales towards the centralized federal government having power over all the states (Brutus No. 1, 1787).



UNIT 1 DISCUSSION (2)



Feld's (1994) "Honest Politician's Guide to Juvenile Justice in the Twenty-First Century" argues that social welfare should be separated from social control in juvenile courts so as to allow courts to try all offenders in a more consistent manner that allows therapy to be delivered in a separate sphere (social welfare) and justice to be delivered in the courts (with the caveat being that youth offenders should receive smaller sentences on account of their youth). The argument is persuasive because it takes into consideration the idea that courts are there to pass judgment not to provide therapeutic intervention.

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Courts that try to do more than they are meant to simply make themselves unable to do the justice part and then they are completely ineffective.



ASHFORD 3: - WEEK 2 (SEP 06 - SEP 12)



Plea bargaining can occur in many criminal cases are usually occurs before trial. The ethics of plea bargaining should be constrained by a guard against "freewheeling" use of the practice, which can reinforce an unethical notion that if a defendant just cops to a crime, the sentence will be lighter. It saves everyone time and work. Yet, sometimes a plea deal should not be accepted because it would mean that justice is not served (white collar crimes especially take advantage of this). What would happen in a criminal justice system without plea bargaining is that courts would become so backed up that cases would never be heard in the lifetime of the persons involved/charged. Alternatives to the plea bargaining process to enhance justice and efficiency could include diversion programs that remove less serious charges from the process (American Bar Association, 2015).



ASHFORD 4: - WEEK 3 - DISCUSSION 1



Supreme Court Justice Ruth Bader Ginsburg was born in 1933 in Brooklyn to Jewish parents. She attended Cornell, Columbia Law….....

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References

American Bar Association. (2015). How Courts Work. Retrieved from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html

Brutus No. 1. (1787). Retrieved from http://www.constitution.org/afp/brutus01.htm

Clark v. Arizona. (2006). Retrieved from https://www.supremecourt.gov/opinions/05pdf/05-5966.pdf

Cohen, A. (2013). How Americans lost the right to counsel. The Atlantic. Retrieved from http://www.theatlantic.com/national/archive/2013/03/how-americans-lost-the-right-to-counsel-50-years-after-gideon/273433/

Conservative vs. Liberal. (2005). Student News Daily. Retrieved from https://www.studentnewsdaily.com/conservative-vs.-liberal-beliefs/

Feld, B. (1994). The honest politician's guide to juvenile justice in the twenty-first century. Annals of American Academy of Political and Social Science, 564(1): 10-27.

Supreme Court Biographies. (2015). Supreme Court. Retrieved from https://www.supremecourt.gov/about/biographies.aspx

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