Essay on "Criminal Laws"

Essay 3 pages (964 words) Sources: 3

[EXCERPT] . . . .

S. laws also requires some special considerations in the entire processes of law making including & #8230;

Constitutionality:

One of the major special considerations in the creation of laws in the United States is the need for the laws to be constitutional. This is largely because the country's constitution and its amendment are the basis for legal rights and privileges of America and its residents ("Lawmaking in the United States," n.d.). The laws need to be constitutional because only laws that are within the Constitution's framework and the established legal precedents can be implemented and remain in effect.

Impact on the Society:

The other special consideration in the creation of laws in the United States is the need for these laws to reflect the needs of the entire society. Furthermore, these laws should not only represent the individual citizens in the society and country but they should also represent the legislators in the society. The impact of the laws on all facets of the society including individual citizens and legislators is a critical factor in their development.

U.S. Court History:

The other significant aspect of the creation of laws in the United States is the development of the country's court system. The United States courts were established based on Article Three of the nation's constitution that provided the Congress with the authority to create courts. One of the initial actions of the newly created Congress in the early 18th Century was to enact the 1789 Judiciary Act that contained provisions for the creation of the U.S. Supreme Court. The Supreme Court is the highest court in the United States though it had limited administrative authority over federal courts until 1934 (Kelly, n.d.).

Following the enactment of the Judiciary Act, the United States was marked into circuits and districts with two Supreme Court justices assigned to the three circuit courts that were created. This was accompanied by the creation of thirteen district courts to determine cases involving admiralty and maritime as well as civil and criminal cases. The thirteen district courts were created for every state with new district courts being established as new states emerged.

Conclusion:

The creation of laws has been an ongoing process in the United States that been characterized by several major developments. Some of the major aspects in this process is the development of U.S. courts and the special considerations in the processes.

References:

"History of American Law." (n.d.). Historyoflaw.info. Retrieved March 19, 2012, from http://www.historyoflaw.info/history-of-american-law.html

Kelly, M. (n.d.). Early Development of the United States Court System. Retrieved March 19,

2012, from http://americanhistory.about.com/od/judicialbranch/a/Early-Development-Of-The-United-States-Court-System.htm

"Lawmaking in the United States." (n.d.). UIC -- University Library. Retrieved from University

of Illinois Chicago website: http://www.uic.edu/depts/lib/documents/resources/lawmaking.html READ MORE

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