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Court system introduction
The law and legal system
Court system introduction
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When a person violates a criminal law, society’s traditions generally demand that society should take some action against the person: an arrest should be made. In order for a police officer to make a lawful arrest he must have probable cause to justify the detention of a suspect. An arrest generally involves a person being taken into custody, where the person is not allowed to leave freely. Afterward, the accuser is taken to a local jail facility where the person is booked (Aberle, 2014). The booking process consists of recording the arrest in official law enforcement records, fingerprinting, photographing, and obtaining personal information from the suspect, such as name, address, birthday, and other identities. The police officer performs …show more content…
Police, courts, and corrections are separated government institutions with different goals, histories, and operating procedures. Law enforcement officials report crimes that happen in their area. Officers investigate crimes and gather evidence to identify and use against a presumed perpetrator. Thus, it is the duty of the officer to uphold the rights of offenders, victims, and to conduct police procedures within rules set by law. Depending on the nature of the crime and the evidence gathered it is up to the police discretion to make an arrest or issue a citation for the accused to appear in court. The law enforcement has responsibilities that no other component does, thus an officer does not decide the defendant’s conviction; the jury does (Neubauer and Fradella, …show more content…
The process begins with an incident reported to the police officer and that police officer may arrest an individual based upon probable cause. The offender is taken to a jail facility where he or she is booked. Now, based on the crime committed the suspect may post bail and if bail is not granted he or she must await trial. In trial, the jury decides if there is enough evidence to indict the accused of the crime. The judge will convict the offender and punish him for the crime committed. It is essential for one to be familiar with the criminal justice process to ensure your rights and decisions are constitutionally
Sets forth procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentencing, and appeal
Law enforcement, as the frontline of the criminal justice system has a great deal to do with who ends up being incarcerated. Law enforcement personnel are the initiating beings who start the path to incarceration for individuals they come in contact with. Their decision in terms of making a stop, making a report, making an arrest and so on determines if and how that individual will enter the criminal justice system.
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
The flow crime starts off with a crime being committed. Crime is defined as any offense which a person can be arrested for. The person must make a complaint. An investigation will begin after the complaint is made. The investigation will allow the police officer to find evidences on the victim. This gives the officer probable to detain the victim. Probable cause is definition in the Draper v. U.S. case. Next, the suspect will be arrested. They will be then taken into custody for booking. During the booking process, the name, address, mug shot and finger prints will be taken. This is a precaution just in case the suspect wants to flee. The suspect will appearance in court. There the suspect charges will be read out loud. The most important
Arraignment/First Appearance at the arraignment, Joe is formally advised of the charges and constitutional rights. Bail is often set during the arraignment. Bail is used by the court almost like an "insurance policy" that you will appear on future court dates. The amount of bail is determined by the judge. The judge will look to two factors in deciding bail: your risk of flight and whether you pose a danger to the community. Bail amounts can range from being released on your own recognizance, all the way up to millions of dollars. In Joes case no bail is
The criminal justice system has come under fire over the last couple years over the handling of many incidents involving police officers use of force and the lack of punishments being handed down to them. Police officers play a vital role in ensuring law and order is maintained in the communities they are protecting and serving against any crimes and to help during natural disasters. This paper will explore how the criminal justice system is viewed in the eyes of a police officers and the thoughts on everything that has been ongoing.
Typically, before trial occurs the pretrial process takes place. During the pretrial process a defendant is arrested on probable cause and makes their first appearance in court. Following the first appearance an arraignment is set within thirty-three days. Pre-trial motions are brought before a judge in order to discuss what evidence and information should be used at trial. Before going to trial defendants or prosecutors have the opportunity to make plea bargains in an effort to overt going to trial. Once all pretrial duties are done, then the trial process occurs. The first step in going to trial is “voir dire”, selecting individuals for a jury through questioning. Both the prosecutor and defense attorneys are given a certain number of strikes during the jury selection. Once a jury is completely selected the actual trial process beings with opening statements begins. Any evidence that wants to be used during the trial is present by the plaintiff “case-in-chief”. Witnesses are questioned and cross examined once questioning is done closing arguments are made trying to persuade the jury to
Arrests are often the first step in the criminal justice processes. The law requires that a “court-issued warrant precedes and an arrest” (Hess 89) this is not always a luxury that is afforded to law enforcement. Sometimes “there is often
The primary role of particular criminal justice agencies in the criminal court system is to make an appropriate, objective and determine decision while fulfilling their duties. For example, judges are able to interpret and apply law on particular circumstances; and police collect evidence and investigate crime through proper and legal ways, as they are all restrict to the legal regulation and bureaucratic administration (Findlay, Odgers, & Yeo, 2009, p. 21). To maintain the interests of defendants as well as public interest by avoiding innocent individual to a miscarriage of justice and giving a prompt and certain punishment to guilty individual, it is very important that each criminal justice agencies can fulfill their duties in a lawful manner, especially the legal representative. A legal representative is an individual representing defendant in court to defense and make decision for them, which means the legal representative is the only one stays at the same side as the defendant and cares the interests of the defendant. Therefore, in this report we will examine to what extent is the role of legal representation important in Local Court and Supreme Court.
There are two primary roles played in the criminal justices system, adjudication and oversight. To first understand how these are two primary roles in the justice system, then a clear definition of each term is needed. Adjudication is defined as “one of the two key roles of the criminal courts; to process defendant who have been arrested by the police and formally charged with criminal offenses” (Hemmens, Brody, & Spohn, 2013). On the other hand, oversight is “an important function of courts, particularly appellate courts. The process of reviewing the decisions of lower courts and of criminal justice official to endure that proper procedures were followed and that neither laws nor constitutional provisions were violated” (Hemmens, Brody, & Spohn, 2013).
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).