Criminal justice system overview and structure

Criminal Justice System: How Laws Are Made and Changed

CRIMINAL JUSTICE SYSTEM

The objective of this work is to describe the factors that have influence upon the conceptualization and development of new criminal law and the alteration of existing criminal law. Included will be the specific roles of the political lobbyist, the media, citizen groups and the individual citizens and the criminal justice system in this process.

The making and changing of laws in the United States is according to a very specific process. The work of Charles W. Johnson, Parliamentarian of the U.S. House of Representatives entitled: "How Our Laws Are Made" states: "...one of the most practical safeguards of the American democratic way of life..." is the legislative process in the United States. The legislative process in the Untied States demands that a proposal cannot become a law without consideration and approval by 'both' Houses of Congress." (2003) Johnson states that this is: "...an outstanding virtue of our bicameral legislative system." (Johnson, 2003)

I. Sources of Legislation

The making of law begins with the U.S. Congress. Article I and Section 1 of the United States Constitution provides that: "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." (Johnson, 2003) There are 100 members of the U.S. senate with two coming from each of the U.S. states and which is not based on population or area of the states. The two members of senate are elected by the people of each state "in accordance with the 17th Amendment to the Constitution." (Johnson, 2003) AU.S. Senator is required to be at least 30 years of age and a resident of the state from which that senator is elected. Senators serve six years. The sources of "ideas for legislation are unlimited and proposed drafts of bills originate in many diverse quarters." (Johnson, 2003)

The primary source for proposed drafts of bills are those "conceived by a Member." (Johnson, 2003) Additionally, constituents of a Member, "...either as individuals or through citizen groups, may avail themselves of the right to petition and transmit their proposals to a Member." (Johnson, 2003) This right is guaranteed by the First Amendment to the U.S. Constitution. Additionally state legislatures may "memorialize Congress to enact specified federal laws by passing resolutions" that are then transmitted to the House and Senate in the form of 'memorials.' (Johnson, 2003; paraphrased) Congress's work is "initiated by the introduction of a proposal in one of four forms:

1) the bill;

2) the joint resolution;

3) the concurrent resolution; and 4) the simple resolution. (Johnson, 2003)

There are two types of bills:

1) the public bill; and 2) the private bill. (Johnson, 2003) public bill is one that has an effect on the public in a general way while a private bill is one that affects a private entity instead of the population at large. Once a bill has been agreed to by both the Senate and the House of Congress it becomes a law only after:

1) "Presidential approval; or 2) Failure by the President to return it with objections to the House in which is originated within ten days or 3) the overriding of a presidential veto by a two-thirds vote in each house." (Johnson, 2003)

II. Case Law