Influence

The Judicial "branch" is the third oscillation which allows the Congressional or Executive "pair" to resonate.

We may have that backward or "out of order".

It's based on the assumption that a "judge" or "jury" can be impartial.  Fairness should be the result.

One detail which may deserve scrutiny rests with how conviction and punishment are linked.

How can the influence of "knowing" the penalty in advance be kept "a way" from a "trial"?

That may or may not be a "separation of concerns".