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.
References
United States Courts. (n.d.). Court Role and Structure. https://www.uscourts.gov/about-federal-
courts/court-role-and-structure#:%7E:text=The%20judicial%20branch%20decides
%20the,should%20be%20done%20about%20it.
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 https://indefenseof.us/issues/processed/prosecuted#:
%7E:text=Prosecutors%20are%20the%20government%20officials,case%20from
%20beginning%20to%20end.
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