How Does Our Legal System Provide For Our Safety?
Written By Michael V.
In the Declaration of Independence, Thomas Jefferson wrote of three unalienable rights: “Life, Liberty and the pursuit of Happiness.” Based on the beliefs of John Locke, these three unalienable rights gave a strong foundation upon which to build a government. Through the Constitution, the legal system in the United States has slowly formed into what it is today. Our legal system works to protect our safety and our rights. Not only does the Constitution work to keep criminals off the street, it also protects the accused.
Only a small portion of the Constitution actually specifies how the legal system should work. In fact, only the Supreme Court is mentioned. All lower courts were left to the discretion of Congress. The Judiciary Act of 1789 created the court system that, for the most part, is still used today. The idea of the system is for two parties to bring their conflict before a judge. In the end, justice will be found between the two conflicting parties. To ensure that procedures are implemented fairly, our system has an appeal circuit that looks at legal issues involved in the case instead of the facts.
There are two main kinds of law. Criminal law cases take places when a specific law has been broken. Laws may come from the federal, state, or local governments. Most laws are created to protect people and they range from laws against theft to murder. Without laws, there would be no way to stop murders, rapists, drug dealers, or even jay-walkers. Laws are, therefore, there for our safety.
Anytime a law is not followed, it considered a crime. Police have the
power to arrest people who are in violation of the law, but only after
reading them their Miranda rights. Now, the legal system really comes
into action. Everyone accused of a crime has a right to trial in which
they are innocent until proven guilty. This is guaranteed in the Bill
of Rights along with the right to an impartial jury, speedy trial and
counsel. Most trials never have to be settled by juries and are instead
solved through plea bargaining. This involves an agreement between the
defense and plaintiff. In exchange for a guilty plea, the prosecutor will
ask the court for a lesser conviction. If the defendant receives the verdict
of innocent he or she is protected under the double jeopardy clause of
the Fifth Amendment. This makes sure the defendant is not tried again
for the same offense. If the verdict is guilty, a punishment is given
to make sure the offense does not happen again. This, again, is done to
make our society safe. Once more, the Bill of Rights protects the guilty
by not allowing cruel and unusual punishments.
The other type of law is civil law. This defines the relationship between two groups or individuals. An example would be a law suit or a couple filing for divorce. These cases are also protected by the Constitution. People aren’t just allowed to sue for any reason because plaintiffs are required to have what is called standing to sue. This means they must be in serious danger of obtaining injury from the other person or have already received a serious injury from them.
While the Constitution is very vague in concern of the Judiciary Branch
of our government, Congress has established a well run court system that
provides for our safety. Laws are made to protect citizens from criminals,
while the Bill of Rights works to protect the accused. Overall, our legal
system protects the same unalienable rights that Thomas Jefferson declared
long ago: “Life, Liberty and pursuit of Happiness.”
