Policy Comparison

Federalvs.StatePolicyComparisonNameClassDateProfessor

Federalvs.StatePolicyComparison The criminal justice system is designed to ensure that when members of society ignore the laws that have been established they are made to pay for their crime but also ensure that the citizen has an opportunity to prove they are not guilty. The laws are established when the majority of society deems a behavior to be wrong or immoral or the behavior results in victims. Laws are created to ensure a civilized society and to provide a remedy for citizens that break the law. In America polices will be enacted with by the state or the federal government. If a law is created by the federal government it must be followed by all of the states in the nation but if state creates a law the federal government has no obligation to a create a similar law. Federal law is created by the federal government and then is created within the state government. The state must take the law created by the federal government and create legislation that follows the policy that has been created. For example the federal government created hate crime legislation which requires that a criminal offender that commits a violent act based on race or ethnicity be charged with a hate crime. Offenders convicted of a hate crime are subject to a harsher prison terms and even death. Once the federal government enacted hate crime legislation the state government is required by law to enact similar legislation. Federal and state policy emerges in society when there is a need to address a criminal behavior or reform current policies. In order for a new law to be created the state and federal government will go through similar processes in creating the law. The process begins with the development of a policy designed to address a problems in society that needs a criminal response. Once a policy is created it will need strong support from politicians and other members of society to ensure that is this in fact enacted. If there is no public interest in a new policy it will be far harder to get support for the policy. Federal policies are created when a policy is developed and introduced to a subcommittee that will determine if the policy will then be passed on to the House of Representative for consideration. If the subcommittee in the House approves the bill it will be sent to a subcommittee in the Senate. Upon approval in the senate the bill will then need approval by the President. The President can decide to sign the bill into law or they can decide to veto the bill. If the bill is vetoed by the President then it will not become law. If the bill is approved by the president it will be signed into law. Public policy is a system of laws, regulatory measures, courses of action, and funding priorities concerning a given topic promulgated by a governmental entity or its representatives (Kilpatrick, 2000). Once a law is created this is not the final word. Just because a public policy has been signed into law by the president does not mean the law will in fact stay law. If a law could potentially violate the constitution it will be reviewed by the Supreme Court. If the Supreme Court finds a law that has been enacted is unconstitutional the law will be struck down. Even though the President is the highest office in the land does not mean they will have ultimate power over laws that are created. Thats the beauty of the American government. Each branch has checks and balances designed to ensure laws are not created that violate the constitution or infringe upon the rights of the citizen. Once the policy becomes a law it is then administered by the agency in the criminal justice system that the new law affects (Sheppard, 2001). In other words once a policy becomes law it must be enacted. For example if the new law is a sentencing guideline for punishing the hate crime the court system will have to implement this new policy into law. Judges would have to sentence rapists based on the new sentencing guidelines that has been established and not the old policies. In the state government laws are enacted in a similar manner as in the federal government. The state government will create a policy and then it will be reviewed an accepted into law by the state Senate. If approved by the state senate then the law will have to be approved or vetoed by the governor of the state. If approved the law will be administered by the criminal justice system and may be tested by the state Supreme Court to determine its constitutionality. When a state law is created the federal government has no obligation to create a similar law. If a majority of states enact similar laws then the federal government may follow suit and enact a similar law. A perfect example of a law that has been created by the states and later embraced by the federal government is the Three Strike Laws. As more and more states started to enact violent crime laws, such as three strike laws that require repeat violent offenders to sever prison sentences of 25 years to life. The federal government followed suit and created the Violent Crime Act. Instead of forcing states to enact similar crime control strategies the federal government instead provides funding to states that get harsh on violent crime. States that do not enact legislation that harshly punishes the violent offender will not receive funding. Federal and state polices are created to address crime problems that merge in society or to reform current laws to ensure they are more effective. The development of a policy is due to the legislative process and the approval of the executive branch while the judicial branch is responsible for judicial review of the public policy is established. Criminal laws are designed to deter crime, improve public safety, and punish the offenders. ReferencesKilpatrick, D. (2000). Definitions of Public Policy and the Law. National Violence against Women Prevention Research Center. Retrieved February 12, 2013 from http://www.musc.edu/vawprevention/policy/definition.shtmlShepard, M. (2001). Administrative Rulemaking. Minnesota House of Representatives. Retrieved February 12, 2013 from http://www.house.leg.state.mn.us/hrd/pubs/admrule.pdf