The Application of a Hypothetical Law Banning Verbal Assault of Puppies in Public

The Application of a Hypothetical Law Banning Verbal Assault of Puppies in Public Any organized society is founded on laws, a means for acceptable behavior, and a penalty structure for those who do not. A hypothetical law prohibiting verbal assault of a puppy in public, like how such a law would be created, enforced and applied to individuals is questioned. I also incorporate key course topics such as operation of the court system. It also examines the role of legal professionals in exploring how this law could be applied to me. How Laws Are Created and the Source of the Law Legislation is usually made through a legislative procedure. In the United states, this first step is the proposal by member of the Congress or state legislature. Both houses of the legislature debate, amend and vote on the bill. If it passes, it is sent to the executive branch (president or the governor), then it is approved. After the bill is signed into law it is considered a statutory code. Taking into consideration a hypothetical scenario where a law exists banning verbal assault of puppies in public, that law is more likely a result of growing concern for animal welfare and advocacy groups cajoling folks to change their views. The statutory law is created therefore, by a legislative body instead of being derived from a common law or by constitutional principles. The Court System and Lawful Arrest The court system is hierarchical; in the lower tier are trial courts, in the middle tier are appellate courts, and at the top tier are supreme courts. If I was charged with violating this law, the first case would be heard before the trial court. In order for there to be a lawful arrest, law enforcement needed probable cause to believe that I verbally assaulted a puppy in front of people. It could be based on the testimony of witnesses, video evidence or my testimony. Unreasonable searches are protected by the Fourth amendment. People Involved in the Court System The players in the court system include. They include the judges, the prosecutors, the defense attorneys and jurors. One of the duties of the judges is to see that the trials are held fairly and as provided by law. There is a long history stretching back to medieval England where they were the monarch’s representatives. So, on the one hand prosecutors, for the state, are supposed to prove the defendant guilty. In this instance, I would face the evidence if a prosecutor were presenting to show that I had violated the law. On my behalf, defense attorneys or public or private attorneys could argue that the prosecution has not proven its case beyond reasonable doubt, and that my rights had been protected. Criminal Court Terms and Alternatives to Trial In criminal court they are more likely to say the likes of arraignment, plea bargain, and bail. I would be formally charged and asked to enter a plea in arraignment. The case may or may not go to sentencing if I plead guilty. However, when I plead not guilty, the case would go to trial. But in place of trial, other means may be offered, such as plea bargains. The plea bargain is agreeing to plead guilty for a less serious charge or lesser sentence. Alternative could be diversion programs, that are about rehabilitation, and are specifically for the first time offenders. How the Trial Would Proceed? Subsequently, defense would present its evidence, then was the prosecution’s turn to do the same if the case had gone to trial. All sides would call witnesses and cross examine them. No formal decision on guilt or innocence would be made by the judge, only by the jury, but with the jury bound also to decide according to the evidence. I would be sentenced, and in cases of a guilty verdict, I’d be fined, require community service, or go to jail based on severity and my criminal history. (Ceresi, 1987). Types of Attorneys Who May Serve as My Defense. I could be defended in this case by several kinds of attorneys. If I could not afford a private attorney, I would receive a public defender. They might be private defense attorneys, which is the specialization in the criminal law. If the nature of the charge has nothing to do with the arming of children or, in some cases, possibly animal rights organizations might also provide legal support. There would be each type of attorney who would bring in their own expertise into the case but the main goal would be that the case would be a fair trial and result my best in the outcome. The Significance of in re Gault A landmark Supreme Court decision that can come in the form of a case is the in re Gault (1967) case that established the rights of juveniles in criminal proceedings. Until this case, juveniles would quite often be denied the due process rights of having an attorney and being able to confront witnesses. The Court found that juveniles are due this protection so that they may receive fair treatment in the legal system. If I were one of those caught 'juvenile violators' of such hypothetical law, the principles reinforced in Gault would ensure me a fair trial and legal representation as an accused. The Relationship Between Law and the Court System Law and the court system are symbiotic in relationship. Legislatures create laws, but not interpreting and applying them is the court’s job. With this in mind, as to this instance the court would decide whether my actions would constitute violation of the law stating the banning of the verbal assault of puppies. I could consider litigation, if I believed the law was unconstitutional or acted unfairly applied, a higher court might consider its validity. This practice guards against the tendency to allow laws, even constitutional law to violate constitutional principles and social norms. Conclusion Treading the treacherous waters of the legal system, a hypothetical law passed to ban verbal assault of puppies on public display would serve as an excellent example. Every step of the making of the law of creating the law and all of it being enforced and adjudicated is carefully thought out in terms of the legal principles and the rights of the people involved. To know the role of judges as well as the prosecutor and the defense attorneys provides an idea of how such a law could apply to me. The court system is the mechanism that allows society to weigh the interests of individuals with individual freedoms by making sure justice is met in a fair way.  References Ceresi, F. J. (1987). In Re: Gault: A Constitutional Celebration. Child. Legal Rts. J., 8, 11. Neubauer, D. W., & Fradella, H. F. (2018). America’s Courts and the Criminal Justice System. Cengage Learning.