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Roles in the Judicial System

Roles in the Judicial System

Roles in the Judicial System

Roles in the Judicial System

The roles of the judicial system are important to make sure that the system works the way

that it was set up. The system is where the courts will decide if something really occurred and if

so, what should be done about it. The roles are there to decide whether a person has committed a

crime and what the needed punishment should be handed down. The judicial system also helps

parties that can not come to an agreement with a peaceful solution to the disagreement (United

States Courts, n.d.).

What is the judge’s power, and how is it used?

A judge has several powers when it comes to the judicial system. The judge has the

power to issue a search and seizure warrant after reviewing an application because of probable

cause. The judge after arrest of a suspect will inform the defendant and has the power to impose

sanctions on a suspect being released (Hemmens, et al., 2017). The one role of the judge that is

seen as the most visible one is where the judge presides over a trial by jury this is the role where

the judge makes sure that the prosecutor and the defense attorney are following the law while

presenting their case it is the responsibility of the judge to look out after the rights of the

accused. The judge is responsible to making sure that defendant is being treated fairly. Lastly the

judge has the power to impose sentences after a conviction (Hemmens, et al., 2017).

What is the prosecutor’s power, and how is it used?

One power the prosecutor has that even the judges do not have is what charge should a

person be charged with. Charges have weight on a defendant they determine what how much

time the person will be facing and when it comes to plea bargaining the prosecutor is the person

that oversees this. The prosecutor is the one requesting that a defendant have a bail the amount

of the bail is decided based off the charges the person is facing, and the amount could be

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influenced based on the criminal record. The prosecutor can also ask that the defendant be hold

without getting bail. The prosecutor is who holds the power when it comes to the plea-

bargaining process which will strip a judge of their decisioning power when it comes to

mandatory minimum sentencing laws (Brooklyn Defenders Services, n.d.).

What is the defense attorney’s power, and how is it used?

The defense attorney is one that is there to represent a person that has been accused of a

crime. The role of this attorney is to not only to provide defense their client is to ensure that the

prosecutor is following the professional guidelines of the law. The defense attorney will make

sure that the defendant constitutional rights were not violated. The defense attorney is there to

police the prosecutor and to remind the judge of their rights to make sure that the defendants’

rights are being protected.

What is the relationship between the judge, prosecutor, defense, and police?

The prosecutor depends on the police and their cooperation because without it they may

encounter problems. They both need each other the prosecution depends on the investigation of

the police and the police depends on them for securing warrants. The defense is there to expose

if there were any mistakes made by the police point out if a witness for the state is being a bias

witness and challenge if the witness believable or not. The defense depends on the relationship

of the judge that when they do find something wrong that the judge will back them.

What is the duty of a jury? How does the power of different judicial system roles vary in

other countries? Are there any best practices that could apply in the U.S. judicial system?

Explain how.

The duty of a jury is to sit and listen to evidence presented by both parties and after

hearing the evidence they are task with deciding rather there were enough evidence to prove that

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a person is guilty of crime or if a defendant is liable. The evidence that is used by the judge is

decided by the judge on what could be use and what should not be used. The jury are a group of

people that were summoned and sworn to listen to evidence that are being presented at trial.

In other countries the word jury does not exist because there are only a handful of countries

besides the US that use trial by jury. Some of the other country the judge plays a more active

role in determining the fate of the defendant do I think that should be the practice with the US no

because of biases.


United States Courts. (n.d.). Court Role and Structure.



Hemmens, C., Brody, D. C., & Spohn, C. (2017). Criminal courts: A contemporary perspective

(3rd ed.). Thousand Oaks, CA: SAGE Publications.

Brooklyn Defenders Services. (n.d.). Power of Prosecutors. In Defense Of. Retrieved December

19, 2020, from



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