Class 10 Week 5
1) The courts interpret the law and in doing so create policy for other agencies such as police departments. Provide and discuss two (2) examples where court decisions have affected law enforcement policy.
In the general concern of social organization and management, numerous factors and concepts are significantly related to the aspects of the establishment and the application of the governing power towards achieving the ideal peace and order conditions in the society. In this aspect, the government, acting as the primary body for social management organizes the people’s activities and concerns through creating policies and regulations for social governance. However, for the effectiveness of this concern, the government must also organize and regulate the application of these rules and regulations for the observance and attainment of its ideal significance in the government’s function. In this aspect, the judicial body creates policies and regulations directed towards the internal affairs of the different government bodies namely the police department in accordance to their execution and implementation of the government’s rules and policies.
In the aspect of policies created towards regulating police department’s action, there are numerous concerns being addressed to maintain the ideal function of this government’s body towards the collective concern of social management and administration. An example of this regulating policy is the strict observance of the humanistic function and civil liability of the police department in regards to their activities. In this concern, the legal court created orders and policies for this concern wherein the police personnel must critically consider human rights in their activities to prevent occurrences of abusive implementation and maltreatment of police power. Another regulating policy created by the legal court is the strict observance of the due process in the police activities wherein the police personnel are tasked with proper documentation, report, and coordination for the organizational effectiveness of their activities. Both of these policies indeed are developed by the legal court to regulate and organize the jurisdictional power and policy implementation function of the police department in the pursuit of effective social governance.
2) How do the juvenile courts differ from the adult courts? What was theory or motivation behind the juvenile court system when it was first created and do you believe that theory is valid today?
In the aspect of social management, the government acting in their function of being the maintaining body for peace and order acknowledges equality and age factor in the concept. In this pursuit of becoming just and unbiased, their organization develops ways to consider age factor, gender, and other social factors that are significantly influential to the policy implementation and social organization. In particular to this concern is the age factor wherein people consider mainly the age status of an offender and victim in evaluating the appropriate judgment and policy action towards certain social cases. In this aspect, the judicial aspect of the government body develops organizational approaches in considering the age status in legal implementation namely the establishment of the juvenile court system.
The juvenile court system is primarily formed to handle court cases involving minor offenders and sensitive cases in relation to the age status quo in the judicial application concern. In this judicial system, the court acknowledges age minority and applies it in the evaluation and the decision-making process of the legal court wherein certain considerations are primarily given to young offenders based on the nature and circumstance of the case. In addition, the juvenile court system also acknowledges the psychological concepts involved in this sensitive social perception wherein they primarily attempt in their legal application is to help and given chance to the young offenders for retribution on their part. In this pursuit, the judicial decisions in the juvenile court system are significantly different in the adult court system in many ways namely, the gravity of the punishment, the nature of the punishment, the approach in the legal evaluation and critical analysis, and others. Often, juvenile courts, as influenced by the psychological concepts pertaining to behavior and personality development, view the minor offenders to be more as victims of unfortunate circumstance thus, giving them hope to chance into better persons.
Indeed, the psychological concepts towards personality and behavioral development are influential factors in the juvenile court system wherein most of the legal decisions and evaluation approaches inside this organization are done in the application of the said concepts. Ideally, this approach is indeed effective considering the humanistic characteristics of the minors to be young, inexperienced, and innocent in terms of violence. However, these ideal characteristics are mainly related to the family structure of wherein parents exist to guide and protect the minors from these unfortunate factors and events. Yet, in the present, the collapsing ideal family structure causes certain discrepancies in the ideal view of personal and behavioral development. Due to these changes, it is necessary for the juvenile court system to critical reevaluate their legal approaches to include the present characteristics and changes trends in the society relative to personal and behavioral maturity and development.
Smith, Kevin & Licari, Michael J. (2006). Public Administration: Power and Politics in the Fourth Branch of Government. Oxford University Press, USA. ISBN-10: 0195330692.