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1. Criminal justice system limitations
2. Judicial autonomy in sentencing
3. Police detention vs court sentencing
In sane societies, the police cannot send anyone to prison, the court does. They can hold a suspect and charge them in court immediately but can’t keep them in custody for as long as they want. That is why, irrespective of the crime committed, the judge can still let a suspect go…
In a just society, the police have the power to detain and charge suspects, but it is ultimately the court that decides whether someone goes to prison. This separation of powers ensures that individuals are not unjustly held in custody for extended periods. Regardless of the severity of the crime, a judge has the authority to release a suspect if there is insufficient evidence or if their rights have been violated. This system of checks and balances is crucial in upholding the principles of justice and protecting the rights of individuals in the legal system.
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In sane societies, the police cannot send anyone to prison, the court does. They can hold a suspect and charge them in court immediately but can’t keep them in custody for as long as they want. That is why, irrespective of the crime committed, the judge can still let a suspect go…
— A Field Marshal of the Han Dynasty (@General_Oluchi) March 24, 2024
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In societies governed by the rule of law, the separation of powers between the police and the judiciary is a fundamental principle. This ensures that no one entity has unchecked power to deprive individuals of their freedom without due process. As highlighted in a recent tweet by A Field Marshal of the Han Dynasty, the police cannot unilaterally send anyone to prison; instead, it is the court that has the authority to make such decisions.
When a suspect is apprehended by the police, they can be held for questioning and charged in court. However, the police do not have the authority to keep them in custody indefinitely. This is where the role of the judiciary becomes crucial. The judge presiding over the case is responsible for determining whether there is sufficient evidence to justify holding the suspect in custody or granting them bail.
Regardless of the severity of the crime that has been committed, the judge has the discretion to release the suspect if they deem it appropriate. This is based on the principle that everyone is entitled to a fair trial and should not be deprived of their liberty without just cause. It is this safeguard that ensures that individuals are not arbitrarily detained by the police without proper legal recourse.
The importance of this separation of powers cannot be overstated. It serves as a check on the power of law enforcement agencies and prevents abuses of authority. By entrusting the judiciary with the responsibility of making decisions regarding the deprivation of liberty, societies can uphold the principles of justice and fairness.
Furthermore, this system helps to safeguard the rights of individuals and protect them from potential miscarriages of justice. By allowing an independent and impartial judiciary to oversee cases involving allegations of criminal activity, societies can ensure that the rights of both the accused and the victims are respected.
In conclusion, the division of powers between the police and the judiciary is a cornerstone of a just and democratic society. It ensures that no individual can be arbitrarily deprived of their freedom and that all individuals are entitled to a fair trial. By upholding this principle, societies can uphold the rule of law and protect the rights of their citizens.
