What part of government decides how to punish those who break laws?

Answer 1

The judicial branch of the government (court system) is responsible for upholding the law when presented with facts which prove beyond a reasonable doubt that the offender violated either statutory (legislated) or common (judge-made, over time) criminal law.

The legislative branch enacts statutes (laws). The executive branch includes the police force, which sets out to enforce the laws and investigate violations.

Answer 2

Great question. Actually, all of them are involved, depending on what you mean by "punish". The three branches of government are (1) legislative, (2) executive, and (3) judicial. Generally, state violations are tried in state court, and federal violations are tried in federal courts, but there are many exceptions to that rule. Most offenders are tried in state courts, so that's where I'll focus my answer.

Full AnswerThe STATE legislative branch includes state and local lawmakers (politicians). They may pass laws which make certain conduct illegal (negative rights) or compel certain conduct under various circumstances (positive rights). These laws may include mandatory minimum or maximum punishments for those found guilty of violating the law. The legislative branch may also pass or amend laws which create (or empower some public official to create) state or local law enforcement agencies, which are part of the executive branch.

In this way, the state legislative branch punishes by compelling police and court action when a citizen engages in certain wrongful behavior.

The FEDERAL legislative branch also limits the range of punishments available in state court. While the U.S. Constitution created all three branches of federal government, it may only be amended by the federal legislative branch (Congress). Certain rights and liberties are guaranteed by the Constitution, including the 5th, 6th, 7th, and especially the 8th Amendment (which prohibits cruel and unusual punishment & excessive bail). The Constitution essentially requires that the punishment fit the crime. For example, 80 years in prison would be unconstitutional for a simple shoplifting conviction, but not for murder. But even a murderer could not be forced to sleep on a bed of red-hot nails.

In this way, Congress also has a hand in deciding punishments.

The state's executive branch is responsible for "executing" everyday government functions. Powers of the executive branch often include the power to create, operate, and maintain a police force, sheriff's department, etc. This may involve appointing or holding elections for the head of the law enforcement agency. The responsibility of allocating resources (which may be provided by the legislative branch) generally falls to the executive branch.

In these ways, the executive branch "punishes" by arresting a suspect, confiscating contraband, and filing charges with the judicial branch where the suspect must defend herself.

The state's judicial branch is primarily responsible for "punishment" of offenders. This branch basically describes the court system, and include both civil and criminal courts. For example when police (acting for the executive branch) believe a citizen has violated a law (passed by the legislative branch), a jury or judge determines the extent of the citizen's wrongdoing, if any. Then, the court (usually the judge, but sometimes the jury - especially in death sentence cases) determines the appropriate punishment / remedy. While courts have discretion here, they may be limited by mandated maximum or minimum sentences / fines / remedies set forth in legislation, and by general principles of the US Constitution.

Also, courts may find a person guilty (criminal) or liable (civil) of something the legislative branch has not expressly proscribed - called the "common law". For example, even if the legislature has not passed a law prohibiting shoplifting, because that type of conduct has usually been declared illegal in the courts, it is treated as judge-made law. The legislative branch has the power to change judge-made law. Courts may "interpret" legislated laws, but usually may not change them unless they violate the US or state Constitution.

SHORT VERSIONThe legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets laws, determines culpability based on the facts, and decides punishment (within limits).

Answer 3

The enforcement of all Constitutional laws and amendments is made by the Supreme Court, also known as the Judicial Branch. The Judicial Branch ensures that the Legislative Branch (Congress) and the Executive Branch (the White House) both follow Constitutional amendments, laws, and procedures.

Answer 4

The Judicial Branch of Government determines the punishments for violating the law.

Answer 5

The Judicial Branch

Answer 6

legislative

Answer 7

exuctive