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David Mathews CJUS 5055 – Sociology of Law 3.2 Critical Thinking Exercise May 2, 2016 1. How closely does the organization of your state’s court system mirror the federal system? Like the federal court, Louisiana’s state court has a supreme court, a court of appeals, and a district court. Unlike the federal court, Louisiana has elected officials that run for office and are not appointed or nominated by an executive branch member. 2. What is your opinion of lawyers? What specifically has affected your opinion? In my opinion, lawyers are necessary persons that interpret the law for laypersons. Without their expertise the interpretation of law would become a subjective system of rules that would be more detrimental to society than a benefit. I believe that because lawyers are subjected to stringent studies like any other professional (i.e. doctors) they are therefore more adept and learned than a person who is not well versed at understanding law and society. However, from reading the text and gathering information from other references, I do believe that some legal professionals can become less advocating for their clients or view the courts a game. My opinion is influenced by my status as a student who hopes to specialize in a field that utilizes philosophical methods and underpinnings to help society as well. 3. If presented with a notice for jury duty, what would your reaction be and why? As a citizen of the United States I would feel that it would be my duty to serve in the court. However, I do realize that from reading the text that the process of voir dire decides if I truly could sit in for the trial.
4. How does administrative law affect our everyday lives? Can you think of specific ways in which administrative rule making affects us all on a daily basis? Many of the laws for society in the United States are created, controlled or regulated by administrative agencies. These laws affect the way we consume products as well as our understanding of economics and free enterprise. Products such as toothpaste that we use on a daily basis is affected by the FDA or even shelf items such as cereal or the taxes that are imposed by the IRS. 5. How important is the role of discretion in law enforcement? Can you describe how a law enforcement agency which allows no discretion would operate? The role of discretion is a huge focal point for police officers worldwide not just in the United States. Discretion as a tool helps police officers in decision-making such as determining whether someone is a potential criminal or offender that needs to be formally arrested, or whether if a person who has broken the law simply requires educating and let off with a warning or ticketed for a minor offense. A law enforcement agency that functions with no discretion could possibly have a higher arrest percentage and very little corrupted officials. Police officers employed in this community would have little to no tolerance for juvenile offenders and minorities; which could see a rise in police brutality. Problem-solving in the community would be adversely affected which would hinder the relations between police officers and citizens; mainly those of lower income.
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