Criminal Law, checks and balances

Here is an Answer! posting I found where the best answer I believe sums up why checks and balances is so important and why it has not worked in our society as orginally intended.
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Criminal Law? The criminal justice system is made up of three interdependent agencies (police, courts, and corrections) just like the United States government (executive, legislative and judicial branches). Much like in the criminal justice system, one branch of government cannot function effectively without the function of the other branches. Why is it important in both the criminal justice system and the government that the power of law is divided among three different bodies of people? Do you think it is effective and efficient to spread the decision-making and participants among so many people?
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Best Answer - The idea that each part of the whole provides checks and balances for the others is great. The founders of our Nation were inspired to create such a system. And, if it was continually run by honest men who did not seek power and control over others, it would be an efficient and magnificent system, where true justice and equality would be the result. It would be a system worthy of the respect of all.

However, the gross inefficiency of the criminal justice system and the overly developed sense of partisanship, with each part of the system vying for control of the others, and politicians making back room deals, lobbying and promoting personal agendas over the good of the people ... well, you get the picture. It certainly shows that our system is breaking down. I think it can safely be said that when the wheels of justice turn so slowly that hardened offenders have opportunity to commit heinous crimes over and over before justice is served, and elected & appointed officials turn their backs on the principles of Truth, Freedom, Equality for all in order to continue their reigns of power ...when that happens, it can safely be said the checks and balances are no longer working.
Unfortunately, its the system we have. ~Z~
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I think it is! Courts keep the police honest. If police were allowed to try criminals, they would have no incentive to follow procedure--rules of evidence, rights of defendants, etc., even to respect the Constitution. Independent courts are necessary for a real democracy to work.
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Corrections is not really in the system of checks and balances like the executive/legislative/judicial system of the federal govt. Corrections don't really have power to influence courts or enforcement, they just deal with the results. Courts have certain powers over corrections, though, which is as it should be.

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Should I Hire an Attorney? Public Defenders? Who should I go with?

Questions about attorneys regarding criminal charges are something I get asked a lot. The best place is to ask advice from people in jail or currently in the courts system. The reason why this is a good idea is because most of the people in jail have been in the situation before and usually have not moved around a whole bunch, meaning they are local lawyer connoisseurs. The best advice you will receive is on your specific public defender. Will this particular attorney you were assigned be as good as hiring a lawyer for your specific charge/case? Is it time to sell your car because it will make a huge difference in the result of your case?

In my own situation with serious violent felony charges I initially hired a private lawyer who did a pretty good job and then got accused of some type of misconduct regarding a witness in my case and was forced to step down. This made me retain a public defender to carry on the rest of the case. He did a decent job but definitely didn’t care as much. My point is that there were a bunch of public defenders but most people in jail knew the ones that were good from the ones that really didn’t care. While a private attorney is paid and will keep in contact and hopefully fight for you, a public defender can be either/or. With little resources and a huge case load they may just try to settle the case as fast as possible instead of giving you the best chance possible. On the other hand it could be you spend five thousand dollars for the same service.

If you or a loved one is currently looking for an attorney/lawyer and don’t have contact with anyone in jail I would search online for your local area. Just remember, you usually get what you pay for. In most situations and in most cases I would highly recommend hiring a lawyer that has a lot of experience and has been around in YOUR AREA for a long time. Usually over 90% of cases end in a plea agreement.

Good luck. Feel free to email me with any questions.