- 1). To Ensure Justice
The judiciary uses its power to direct law enforcement personnel to ensure a case's participants follow the judicial process. This makes justice possible. For example, the courts may order the police to produce witnesses of a case to testify, sometimes against their will. They may also order the police to jail people refusing to comply with judicial procedures.
The courts have the power to issue enforceable orders involving child custody and personal restraints. In the case of child custody disputes, the courts use this power to provide for the needs of the child. Courts use their power of issuing restraining orders to prevent one person from harming another. - 2). To Issue Authoritative Findings
The judiciary has the power to render verdicts, which it uses to make public and enforceable determinations of the guilt or innocence of accused persons or groups. For example, a jury will weigh the facts and testimonies presented in a case against someone accused of robbery. It will then issue a verdict of guilty or not guilty based on its analysis.
Courts use the related power of issuing sentences to punish a crime. They use this power to discourage the original perpetrator and others from committing the crime again. - 3). To Encourage Usage of Established Institutions
The judicial branch has the power to permit or deny requests for hearings. The Supreme Court, for example, may deny a request for a hearing to let stand a ruling from an appellate court, which is also called an appeals court. By making this denial, the Court encourages people seeking justice to trust the verdicts of lower courts.
The judiciary uses its power of overturning a lower court's verdict to administer justice where it may be lacking. In the landmark Miranda case, for example, the Supreme Court overturned the guilty verdict of Ernesto Miranda on the grounds that police did not advise him of his constitutional rights involving self-incrimination and attorneys. - 4). To Clarify and Apply Law
The judicial branch has the power to interpret the law, which it uses to clarify particular laws when a case's litigants dispute them. In the case of Caminetti v. United States, the defense claimed the Mann Act's "immoral sex" wording didn't pertain to the defendant, who was arrested for crossing state lines with his mistress. The Supreme Court ruled that, though the Act's wording wasn't specific, its plain meaning was clear and that it did apply to the defendant.
Courts have the power to determine which articles of the Constitution apply to a given case and use this power to reaffirm the Constitution. In Snyder v. Phelps, the Westboro Baptist Church claimed that the Constitution's First Amendment permitted them to publicly denounce homosexuality at the funeral of Albert Snyder's son. Although Snyder initially won damages from the church for emotional suffering, an appellate court reversed the judgement against Westboro, saying the First Amendment gave its members the right to protest. In the face of public outrage against Westboro's actions, the Supreme Court upheld the reversal, asserting the constitutional right of free speech.
SHARE
