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Judicial Officials

Introduction:

The judiciary aspect in criminal justice includes judges, prosecutors, and defense attorneys.

These three practices in criminal justice have to sustained regulations, while evolving through
obstacles, and improvements, within criminal theory, and the establishing practice of criminal

justice.

Thesis: The U.S. Constitution was set up in such a way that justice system would be challenged

while refraining its origination of intent as well as revolutionizing throughout time and changes

of society, where judiciary professionals have aided and abetted the improvement of executing

the legalities of legislation while not straying away from the sanctity of the U.S. Constitution.

Body Paragraph I: Professionals in the judiciary executing ethical standards.

a. Equality:

Judiciary professionals upholding their honesty (Calabresi, 2010).

Adhering to the U.S. Constitution and “The judge must still display recognition

respect for the litigant” (Lahay, 2016). The court systems of federal and state

courts ensures equality within a case by the two running parallel in

interpretation of constitutional legislation (Boldt & Friedman, 2017).

b. Solidarity: “Litigation provides participants with an official form of

governmental recognition” and role in democratic promotion (Lahay, 2016).

c. Human Rights:

The Fourth, Fifth, and Sixth Amendment protect offenders during a case trial

which includes the roles of the defense attorneys, prosecutors and judges.

Exclusionary rule is also taken into an account for human rights of offenders.

“Civil rights litigation, which allows individuals who are otherwise shut out of

the democratic process to access a governmental official (the judge) who must

listen to their claim” (Lahay, 2016).


Part II: Explanation as to why people commit crimes and how judiciary professionals use

criminal theory.

a. Crime scene behaviors of offenders in violent crimes can be classified into two

primary categories: modus operandi and signature (Silver, 2014).

b. Six stages of criminal profiling (Silver, 2014).

c. Judges have a lifelong tenure in order to gain lengthy extensive experience in

applying criminal theory to their practice and are held accountable for

interpreting the constitution and legislation in an honest and fair interpretation

(Calabresi, 2010) & (Easterbrook, 2010).

Part III: Three main issues judiciary professionals face on a regular basis.

a. Defense Attorneys: “New attorneys enter the practice with ever-increasing amounts

of law school debt and see little incentive to endure the work load of the public

defender” (Dandurand, 2011).

b. Judges and Attorneys: The responsibility in maintaining professional relations and not

allowing social interactions to effect professional environments and within the

practice of criminal justice and duties (Gray, 2013).

c. Statemanship, Judicial Activism, and Judicial Immunity:

Racial discrimination cases within the Supreme Court (Makau, 1984).

Conclusion:

The judicial duties conclude the overall upholding of the regulations of the law through

their tenure of responsibilities and experiences all the while taking into consideration of criminal

theory, and daily problems in the judicial practices for both attorneys and judges, while

executing evolving practice and still hold protocol to reference the U.S. Constitution are
systemically and intertwined by federal and state legislation, and the value of equality, solidarity,

and human rights.

Annotated Bibliography

BOLDT, R., & FRIEDMAN, D. (2017). CONSTITUTIONAL INCORPORATION: A

CONSIDERATION OF THE JUDICIAL FUNCTION IN STATE AND FEDERAL

CONSTITUTIONAL INTERPRETATION. Maryland Law Review, 76(2), 309.

This Article demonstrates ideology of perceptions and conceptions in the judiciary

system around the protection of the Fourteenth Amendment between federal and state

constitutional interpretations and how to two should parallel each other.

Calabresi, G. (2010). BEING HONEST ABOUT BEING HONEST AGENTS. Harvard Journal

Of Law & Public Policy, 33(3), 908-913.

The article addresses judges should face the responsibility as promising to act as honest

agents to uphold the regulations within legislation. Literary method of construction is most

commonly used by judges in order to decipher the Constitution without overly

constitutionalizing the executions of the law. Their duty is to interpret legislation in such a way

that does not undermine the Constitution but does not over stabilize and focus on common law as

a medium in decision making.

Dandurand, C. (2011). Walking Out on the Check: How Missouri Abandoned Its Public

Defenders and Left the Poor to Foot the Bill. Missouri Law Review, 76(1), 185-211.

This article informs and demonstrates case law of the struggle of the public defenders within the

state of Missouri as a nationwide example for lack of funding.


Easterbrook, F. H. (2010). JUDGES AS HONEST AGENTS. Harvard Journal Of Law & Public

Policy, 33(3), 915-923.

The article informs the expectation of judges acting as honest agents in exchange for no

political term, but a longevity of tenure for their rapport of honesty and legislative effectiveness

and fairness while upholding federal and state laws. Three reasons are included for a judge

having the responsibility to uphold policy made by Congress during the process of amending the

law or in the future.

Gray, C. (2013). Judicial Disqualification and Friendships with Attorneys. Judges'

Journal, 52(3), 20-25.

The article addresses insight and information on judicial disqualification process within

the legal system when it involves personal, amicable, relations amongst judges and attorneys.

Social media is discouraged amongst relations of attorneys and judges. The U.S. Judicial Ethics

Advisory Committee instill there be a professional relationship amongst attorneys and judges and

that any social interactions should not tarnish or effect the environment of the professional

criminal justice system.

Lahav, A. D. (2016). THE ROLES OF LITIGATION IN AMERICAN DEMOCRACY. Emory

Law Journal, 65(6), 1657-1704.

This Article addresses the comprehension of self-government within the litigation process

in Democracy. The performances throughout litigation processes, including all dramatic and

extensive experiences, promote the role of democracy and law regulation development and the

solidarity all citizens have in litigation process.

Makau, J. M. (1984). THE SUPREME COURT AND REASONABLENESS. Quarterly Journal

Of Speech, 70(4), 379.


This article addresses judicial statesmanship involving racial discrimination and

reasonableness encountered by the Supreme Court.

Silver, S. (Ed.). (2014). The Ashford journal of criminal justice. New York, NY: McGraw-Hill.

This article gives information on the crime scene investigation, the profiling of criminals,

the psychological and behavioral evaluations of criminals and personality, along with motives,

and reconstruction process navigating through crime analysis in order to dissect and portray the

criminal behavior and activity to conclude and decipher the intangible evidence to the tangible

evidence.

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