Who Enforces the Law

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Who Enforces the Law
Role of Executive Departments:
Federal, State, and Local
Regulatory Commissions
•
What are the functions of regulatory commissions ?
– is a public authority or government agency responsible for exercising autonomous authority
over some area of human activity in a regulatory or supervisory capacity.
•
An independent regulatory agency is a regulatory agency that is independent from other branches or
arms of the government.
– Regulatory agencies deal in the area of administrative law—regulation
or rulemaking (codifying and enforcing rules and regulations and imposing supervision or
oversight for the benefit of the public at large).
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The existence of independent regulatory agencies is justified by the complexity of certain regulatory
and supervisory tasks that require expertise, the need for rapid implementation of public authority in
certain sectors, and the drawbacks of political interference.
Some independent regulatory agencies perform investigations or audits, and some are authorized to
fine the relevant parties and order certain measures.
– Regulatory agencies are usually a part of the executive branch of the government, or they
have statutory authority to perform their functions with oversight from the legislative branch.
– Their actions are generally open to legal review.
•
•
Regulatory authorities are commonly set up to enforce standards and safety, or to oversee use
of public goods and regulate commerce.
Examples of regulatory agencies are the Interstate Commerce Commission and U.S. Food and Drug
Administration in the United States,
– Heads are not cabinet members
Examples of Regulatory Commissions
Consumer Product Safety
Commission
Environmental Protection
Agency
• Regulate sale &
manufacture of consumer
products to ensure they
don’t harm the public
• Regulate pollution, use of
chemicals, waste disposal
Federal Trade Commission
National Transportation Safety
Board
• Investigate accidents regarding
• Keeps companies from
airplanes & mass transit – also
using false advertising, not
hazardous waste spills
disclosing important info,
involving modes of
transportation
violating antitrust laws
Examples of Regulatory Commissions
Food and Drug Administration Federal Aviation Administration
• Regulate food, drugs,
• Oversees US civil air travel
medical equipment, dietary
& transportation
supplements, & other
products
Central Intelligence Agency
National Aeronautic & Space
Administration
• Gathers info about other
nations & terrorist groups
• Details and enforces
regulation for US Space
program
Regulatory Agencies at State Level
• NC Utilities Commission
– created by the General Assembly to regulate the rates and services of
all public utilities in North Carolina. It is the oldest regulatory body in
state government.
• North Carolina Wildlife Resource Commission
– created by the General Assembly in 1947 to conserve and sustain the
state’s fish and wildlife resources through research, scientific
management, wise use, and public input. The Commission is the
regulatory agency responsible for the enforcement of N.C. fishing,
hunting, trapping and boating laws.
• Alcoholic Beverage Commission
– provide uniform control over the sale, purchase, transportation,
manufacture, consumption and possession of alcoholic beverages in
the state.
Enforcement of Criminal Law
• Other departments and agencies of the
executive branches are meant to implement,
investigate, arrest, and prosecute citizens that
violate criminal law
• They respond to laws created at the legislative
branch
• Examples exist from all three levels of
government: federal, state, and local
Federal Law Enforcement Agencies
US Department of Justice
• Represent federal
government at trials
• Headed by Attorney
General
• Federal department
responsible for a number of
federal law enforcement
agencies – includes FBI
– FBI
– Federal Marshals
Secret Service
• Protects president & other
public officials – Investigates
counterfeiting
State Law Enforcement
• Attorney General
– Represents state in trials and legal matters
• SBI
– State’s top investigative agency – State equivalent of
FBI
• State Troopers
– Officers of state – enforce laws on highways – guard
state officials – search for escaped prisoners
• National Guard
– State’s military force – private citizens serve part time
– can be called for military service
Local Law Enforcement
• Sheriff Department
– Headed by the sheriff; an elected official
– Serve warrants
– Enforce law in county
– Serve in courts
• Police Department
– Headed a captain or chief; directed by mayor
– Enforce laws in the city or towns
Jurisdiction
Federal
• Cases involving federal laws
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–
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Kidnapping
Fraud
Racketeering
Murder
Drug laws
• Any crime that happens in
multiple states
• Involving states or federal
politicians
State and Local
• State laws (most criminal
laws are state laws)
– Murder
– Drug laws
• If federal and state
jurisdictions overlap, federal
jurisdiction overrides in
most cases.
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