Criminal Justice & the Law
At first glance, it may seem that administrative law has essentially no relationship with criminal justice. However, there is a firm connection between the two. Administrative law affects how criminal laws are administered. The criminal justice system is the process through which all individuals accused of criminal conduct are taken. The most prominent and well-known part of the criminal justice system, the court hearing, is conducted by the judicial branch of government. However, the majority of the parts of this system are carried out by bureaucratic agencies, including law enforcement agencies and corrections facilities.
Another connection between administrative law and criminal justice is found in administrative criminal laws. These are administrative laws that specify criminal punishments for certain infractions. When non-criminal administrative laws are transgressed against, the punishments given are fines, penalties, or rebukes.
An example of administrative law regulating the administration of the criminal justice system is the procedures which a police officer must go through as they arrest someone accused of committing a crime. Law enforcement officers are required to read those they are arresting their Miranda rights. This is an administrative law created by the judicial process in the case of Miranda v. Arizona.
Scope of Administrative Law
Administrative law applies to the bureaucracies in the entire state in which it is created. Often, individual states have their own bureaucratic agencies that mirror those on the federal level. Regulations and procedures on the state and federal levels are often contradictory, and this can cause tension between local and national agents.
Administrative law derives its power from the provisions of constitutional law and applicable statutory laws. It is based on the principle that the executive branch has the ability and right to delegate its power. Other branches have this power as well, but most bureaucratic agencies are extensions of the executive branch. Some scholars state that bureaucracies should consist of only those agencies that are explicitly allowed for in constitutional or statutory laws. Others promote bureaucracy expansion as a way to stabilize and standardize the administration of government policies.
Lesson Summary
Administrative law is an important part of the administration of the government of the United States. It delineates policies, procedures, and priorities related to the enforcement of laws by bureaucratic agencies. While judicial decisions and executive policies can affect the administration of bureaucratic agencies, the most foundational administrative law is created through the legislative process. Administrative law applies to the bureaucracies in the entire state in which it is created.
Administrative law ensures that no bureaucratic agency oversteps its bounds. It also ensures that each statutory law is enforced by a bureaucratic agency. Administrative law also establishes the relationships and responsibilities between bureaucratic agencies and the main branches of government. Administrative law affects how criminal laws are administered. In this way, it has a firm connection to the criminal justice system. The criminal justice system is the process through which all accused individuals go when they are accused of a crime. Administrative laws that specify criminal punishments for certain infractions are called administrative criminal laws.
