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Essay on criminal justice process investigation
Aspects of criminal justice system
The construction of the criminal justice system
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People were not born criminals, after committing a crime that 's when a person becomes a criminal. When a crime happens the first people to be there are the police officers, who then detain the criminal. After getting arrested, you then have to see a police judge who decides if you stay in jail for the night or if you go home. The judge can hold a person in jail if they feel that the person is suspicious, to prevent any harm to the society .
If a person gets arrested before 4pm he/she might have get to see a judge. The judge then decides if the evidence that have been brought against he/she is enough to determine if the defendant is guilt. However if the crime happens after 4pm or no judge is available, the defendant would have
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The cause for this is to get the jury team and to go over the case .Some down side to having a small jury is that some of the depositions are far harsh because of their previous experience .So cases like murder right away they would think the defendant commit the crime and send them to prison .
When a detained person is taken to court he is there as an innocent person until the jury finds him guilty. However this may not be the case because of the way the police treat the accused.
The accused often times are treated as if they are already guilty of the crime that has been brought against him .The actions of the police might make the accused feel as if they have no hope in trying to win the jury.
When an accused is taken to a police court, both he and the officer go up to make an official accusation. After going in front of the court clerk with the officer the accused is taken to a holding cell, where he would wait for his attorney or bail money. If the accused is often in and out of trouble he would be sent to the jail without making any phone calls to family or friends.
unjustly put into jail. He accepts going to jail even though he was put in jail
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
Sets forth procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentencing, and appeal
If the suspect refuses his right to an attorney, they may begin questioning him. If he/she decides invoke their right to remain silent, the police may not question the suspect, however they may at a later time attempt to question him again.
to their future criminal behavior, they commit the crime because they have been associated by
will be difficult to act innocent and to deal with his guilt. When he later
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
his/her own witness as well as a presentation of defense by his/her attorney in order to conflict
As with any process that cannot be reversed there must be measured step to ensure that justice is rendered righteously. Therefore, its reasonable for a society such as the United States to have reliable recourse for determining the proper trial process for a homicide investigation. One will find it exciting to see a criminal apprehended, jailed, and then on to courts in what seem like a matter of days on the popular television shows.
Anyone can be falsely accused of a crime. Everyone accused of a crime deserves a fair
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.
...e is not served. Also, the family of the victim must be taken into consideration. The family has suffered greatly and deserves to see justice served.
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
Scene of Crime Officer- They have a responsibility to protect the crime scene from the evidence being ruined in any way.
On follow up, investigators will determine what an officer has done in the case based on the information that has been presented in the report. These investigators will then have to decide what they will need to do next in order to continue the investigation and successfully bring it to a close. When it comes to court it will be up to the prosecutor to understand the full scope of the event simply by reading the police reports. They will then have to determine whether all of the elements of the crime have been presented in order to sustain the proper charge and ultimately prove the case. In addition to the prosecutor, Judges, other attorneys and juries will have to rely on information recorded in police reports to make a decisions about the guilt or innocence of the parties involved in the reported event. If the report is inaccurate, misleading or untruthful there could be damaging repercussions. An officer's integrity and credibility could be at