Law Enforcement under the Judicial Branch?

[Strategos' Risk]

I once drafted a constitution for an imaginary country for an English project. Among the other unconventional things I added, I had the judicial branch run the law enforcement. In retrospect, I'm not so sure how that's different from the usual separation of powers, other than more money is funneled from the executive branch to the judicial in order to pay for the expenses, and some weird connection is made between the courts and the police.

Could a system where the judiciary controls the law enforcement be created? If so, how would it go?

[David S Poepoe]

Are you talking about law enforcement on the Federal, State, County or Municipal level? I think the American boardmembers will have a totally difference view as to how law enforcement under such a scheme would be work than a European.

[carlton_bach]

IIRC there is something slightly similar in france, where the investigative police work under the direction of magistrates while the regular police are part of the executive structure. Maybe Hendryk can be more specific?

It doesn't strike me as a bad idea, but it requires a different court system to the Common Law one.

[Hyperion]

Here in the US, from what I have come to understand, the Judicial branch of the Federal government, the Supreme Court, can make rulings and all on various cases about various issues, but have no power to actually enforce the rulings.

Put the FBI or the US Marshals under the Supreme Court, and they could potentially use them to enforce a number of issues, some of which those agencies wouldn't handle ordinarily.

[Nicole]

If this somehow ended up in the US Constitution, would the Indian tribes be better off? I seem to remember a certain President Jackson's views on a Supreme Court decision.

[Fenwick]

Do the police have the same powers as the Judical Branch? Might be cool to have Judge Dredd running around.

First off the power of the court would increase a great deal. The ability to decide, as well as enforce court decisions add another level to the balance between the three branches of government. Congress holds the economy and army, President has direct control over the army, and now the Supreme Court has, what I assume would be a paramilitary group to enforce the constitution.

But if the police fell under the judical branch in traditional terms it really depends on what level is controlled by the Judges. At a federal level things would be similar to what they are now, but a Federal Police force would investigate crimes that break Federal law. At a state level agencies like the State Police would have authority higher then local police.

Jurisdiction would probably be hard to define. The LAPD can't go after crimes in Las Vegas. But if the Judical branch had authority, an almost eqaul level of jurisdiction could be applied. This can come from the authority of a Judge on the east coast still able to oversee cases on the west, if he or she finds themselves in want.

[Hyperion]

If this somehow ended up in the US Constitution, would the Indian tribes be better off? I seem to remember a certain President Jackson's views on a Supreme Court decision.

Sad but true. President Jackson ordered the Cherokee Indians removed from their land in the east, Georgia I believe, and taken west of the Mississippi. the Chief Justice, John Marshall sided with the Cherokee, but as the court had to way to enforce the ruling, Jackson could do whatever. Had the court had the US Marshals or something available, however, it still might not have done any good, as the US army was involved in the removal operations.