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Tuesday, May 25, 2010

Should the courts have the power to create crimes?


Answer:
I'm a little confused by your question. Courts don't create crimes, criminals create crimes. If you mean should laws be passed criminializing acts that were once not considered illegal, then yes, there need to be specific laws to address areas that were overlooked or not foreseen when the original law was written. Btw, it is the legislative body of the government that passes laws, not the judicial system.
No.

Why?

Because that would shift the balance of power. Courts are used simply to interpret the laws, and to find out if in accordance to the letter of the law, if someone broke the law. Giving them the right to create law would give judges a lot of power in a court room. It would then become if they like the way the law is written or not, or if they created the law how it is enforced.
Absolutely. If we vested this power in the judiciary, we could do away with the legislature and save buckets of cash. In addition, we could streamline the executive branch as well by making them answerable to courts instead of to the President or Governors.

Man, I'm excited by the idea. I'm glad I have a law degree, let's get this into effect so I can become a judge.
I will assume that your question refers to the power to declare an action illegal. If that is the case the answer is no, Courts do not have the power to create new crimes as they do not legislate.
No. That is properly the job of the legislature. (I assume that by "create" you mean "define".)

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