Sample Essay on:
The U.S. Constitution and the Criminal Justice System

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Essay / Research Paper Abstract

This 5 page paper examines three aspects of the system that have been influenced by the U.S. Constitution: the state courts; the disproportionately large number of minorities incarcerated; and the undue influence of money on the system. Bibliography lists 5 sources.

Page Count:

5 pages (~225 words per page)

File: D0_HVCrmJus.rtf

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Unformatted sample text from the term paper:

and that the principle of "innocent until proven guilty" is always in force. The system is not working as well now as it once did, but still functions. This paper examines three aspects of the system that have been influenced by the U.S. Constitution: the state courts; the disproportionately large number of minorities incarcerated; and the undue influence of money on the system. The Constitution and the State Courts When the country was founded, "[T]he men who wrote the U.S. Constitution were profoundly distrustful of the power of government. By dividing the functions and areas of responsibility, they intended to create a system of checks and balances that would prevent government from oppressing the people" (Van Duizend, 2003). In addition, the writers were wary of a strong federal government, and wanted it decentralized in order to encourage competition "among states, between state and national government, and among the three branches of government" (Van Duizend, 2003). This somewhat decentralized approach to government appealed, and continues to appeal, to most Americans, such that the three-branch structure devised in the 18th century is still in place at the federal level, and has been adopted into the state constitutions of all 51 states (Van Duizend, 2003). The result is that "there are not one, but fifty-five court systems in the United States, the District of Columbia, Puerto Rico, and the territories" in addition to the Native American Tribal Courts (Van Duizend, 2003). There is a clear distinction between federal and state courts, and the cases they are mandated to hear. Federal courts "have exclusive constitutional responsibility for deciding disputes involving admiralty matters, patents and copyrights, bankruptcy, international treaty and trade issues, and disputes between states" (Van Duizend, 2003). In addition, they hear cases involving ...

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