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Calendar Calls can be very lengthy depending on how many people are on the Calendar. It was also interesting to see how the different judges handled the nonjury criminal proceedings. Some judges take the defendant’s guilty pleas unanimously by having them stand up and answer the questions together out loud. In that series of questions, they are asked to state their age and highest level of education completed. I found it ironic that many individuals have either dropped out of school or have earned a GED, which shows the correlation between education level and the probability of committing a crime. The Trial is the next court hearing that occurs. It occurs the week after Calendar Calls. The length of the case depends on the severity of the …show more content…
Each proceeding is different because there are several purposes. Some of the most common hearings are Preliminary, Juvenile court and Treatment Court. Most hearings held in the Lowndes County Jail are preliminary. During this criminal proceeding, the state presents the facts of the case to assure the judge that there is sufficient evidence to bind the case over to trial by a jury based on probable cause. The prosecutor mainly uses the arresting officer or detective on the scene to testify about what occurred in that incident. Occasionally, the defense calls witnesses to the stand as well. From my observation of preliminary hearings, it appears that most of the cases are bound over. The cases range from armed robbery to the sale of illegal narcotics. Recently, there was a preliminary hearing that involved two Valdosta High School students. The girls were charged with armed robbery after setting up the crime with some colleagues. Although, they did not directly have possession of the firearm or steal anything from the victim, they were considered to be a party to the crime. The defendants had knowledge of the crime and also participated by informing the robbers of their location through text messages. I found this case to be interesting because the two teenage girls had no prior history with the courts, yet they remained in custody for over a …show more content…
When dealing with delinquents there is a lot of informality, since they are at an impressionable period in their lives. The court aims to rehabilitate juveniles, opposed to punishing as in Superior court. It is understood that children make mistakes; however, to some extend they must still be held accountable for their actions to teach them responsibility. Within Juvenile court there are several resources DDJ offers to the defendant, such as functional family therapy, night to school to get students back on track, counseling and various other
Pretrial court is usually within a week from the date that you committed the offense. Did you know that if you can't afford a lawyer, the court would appoint you one? It is the law that you have to be represented by a lawyer during the time of your trial unless you sign a waiver to not have a lawyer at all.
In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
The majority of the juvenile research concludes that serious harm can be done to juveniles simply being referred into the formal juvenile justice process. Police officers should really take into consideration that who they send for the formal process (Kaufman, I. 1979).At times these juveniles are just playing around and doing things that they are not supposed too and when processed they are being mixed with real delinquents and are being influenced by the wrong people which may cause them to tern deviant and later delinquents. A way to stop this police should only take into consideration serious criminal or repeated criminal
Next, comes prosecution of the defendant by the state attorney, then incitement, the filing of information by prosecution to decide whether to proceed to trial. Followed by arraignment, which is the plea of guilty or not guilty, pretrial detention, plea bargaining, trial, and sentencing (Process of Criminal Justice). For O. J. Simpson, this process started with the investigation of the murders of Nicole Brown Simpson and Ronald Goldman. The same day the bodies were discovered, Simpson flew back from Chicago to Los Angeles. Upon his arrival, authorities took him into custody and began their questioning.
Justice has always been the goal of our court system, but it is not always served, especially in cases involving juveniles. The judiciary process has evolved from a system that did not initially consider juveniles, to one where juveniles have their own court proceedings, facilities, and even rules or laws. The juvenile justice system has come a long way, and people have worked very hard in its creation. A juvenile is considered to be an individual, under the age of 18, resembling an adult. However, resembling an adult does not always mean that juveniles will have an adult mindset. Thus, juveniles may need extra attention to help get their lives on track. This paper will analyze various ways involving juveniles and correction facilities and programs.
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
Firstly, the accused person has a right to a speedy trial. This provision protects accused persons from unnecessary delays. In essence, it seeks to curb delayed commencement of the trial against the accused person after his or her indictment. This clause sets the time limits within which the prosecution should be ready to commence the charging of the accused, a time limit which if by any reason whatsoever is violated, the case is dismissed in totality and the accused released to freedom. For instance, within six months, the prosecution is required to be ready for the trial in all felonies apart from murder charges. This right is observed relatively and circumstances of each specific cases may be the limiting factor to this right.
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
The manner in which each stage of the criminal justice process helps to build a successfully litigated action is to “develop legally admissible evidence to obtain and sustain a conviction of those who are guilty and warrant prosecution” (americanbar.org). This will enable the prosecutor to make a fair and objective determination of the charges and to shield against the prosecution of the innocent. The process starts with a crime, then an investigation, an arrest, and then a booking occurs. After a suspect is formally charged they make an initial appearance before a judge in which the suspect is notified of the charges brought against them. Next would be a preliminary hearing, an arraignment, a trial and if the defendant is found guilty then the next step is sentencing. There is a right to appeal that may be allowed and then, once the sentence is passed, the defendant starts the corrections/sanctions imposed by the court. Once a sentence has been fully served, the person is released; this is the final stage of the criminal justice process.
Then comes the investigation process. Officers try to sort through the evidence and come up with a solution or a suspect. Next comes the arrest or citation of an individual if the officer believes that there is enough facts and evidence to do so. If an officer does not find enough evidence or a suspect, the case remains open. After the arrest or citation comes the prosecution and pretrial. The prosecutor considers the evidence by the police and makes a decision whether or not to file charges against the accused. If charges are filed, the first court appearance is held. The accused will then appear in court and be informed of their charges and rights. The judge will then decide whether there is enough evidence to hold or release the accused. The judge can decide whether to hold the accused in jail or release them on
...ust fine, however the female witness had to be reminded by the judge a few times about pausing and not answering questions until there is a ruling. After the prosecution would rest, the defense then asked cross examination questions of each witness. After the direct examination and cross examination, the judge would ask the prosecutor if they had any re-direct questions. If the prosecution did not have re-direct questions, then the judge asked the jury if they have any questions for the witness. If there were none, the witness was then released. This occurred for each of the three witnesses that I saw testify. I was able to watch the questioning until they broke for the lunch recess.
Criminal courtroom visit The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. The courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberates, and comes up with a judgment on it. The criminal case is different from the civil case, especially when it comes to the court layout.
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.