Both the federal government and states have authority to prosecute for criminal behavior in the United States. Each has their own criminal statutes, court systems, prosecutors, and police agencies to help deter crime. These criminal statutes control how suspects are investigated charged and tried. The court system institutes rules and policies that consist of their own structures and procedures within each state. Prosecutors are the most powerful and influential representatives of the court system. Sometimes a case can begin in a lower court then work its way up to a higher court depending on the crime. The law enforcers are made up of small town police officials and go all the way up to large federal agencies.
Crimes that are often
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The police conduct a preliminary investigation then later conduct a secondary or follow up investigation. The primary goal of the preliminary investigation is to secure the crime scene to protect the integrity of the evidence. The follow-up investigation is when they thoroughly collect, preserve and relinquish the evidence to the evidence tech in the lab with a chain of custody form.
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.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans. Ever since the creation of the Bill of Rights, there has been a constant need for change laws and procedures in order to accommodate for rights given to each citizen. In this paper, the analysis of the affect of the Bill of Rights will be analyzed as well as the reasons for increased incarceration rates and the issue of plea bargaining.
In order to keep a safe society, it is important to establish a nation with
Next is the presentation of evidence. There are two types of evidence, direct and circumstantial. Direct evidence would be things like video recording of the crime. Circumstantial evidence would be something like a witness saw a man running with a gun, a ski mask, and a bag of money in hand, even though the witness didn’t see
The criminal justice policy process is a process which involves a series of step, which begins with the criminal investigation and ends with the release of the convicted person under correct supervision.
The criminal justice system has a lot people and organizations incorporated within it. Within this system there are police, correctional officers, offenders, lawyers, etc. The criminal justice system is set up for people to keep the society in order. For my semester project I interviewed a friend of mine who I gave a pseudonym of Bart Malone. Mr. Malone was unnecessarily arrested a few months ago while in the passenger seat. He was accused of committing illegal acts which caused him to become a victim. I conducted an interview over the phone with Mr. Malone so he could share his story and give detailed information through the questions I asked him. After the interview I replayed the tape and really focused on the answers he gave to the questions. I was able to gain knowledgeable insight about the criminal justice system.
Society subscribes to a value system to focus on the concepts of justice and equality. Justice which is used in a legal system can help determine whether an individual’s act was wrong or right and it helps other make a fair judgment among individuals equally. George Cole, Christopher Smith and Christina DeJong (1984) discuss how individuals will go through the process of the justice system to determine whether they are found guilty or not guilty, in their book, “Criminal Justice in America.” They clarify that less punishment can be offered to middle or upper class by a systematic bias that works to the disadvantage of the poor. When comparing the treatment of blacks and Latinos to whites, black Americans and Latinos are disproportionately poor
The criminal justice process and the criminal court system go hand in hand. The criminal justice process is a sequence of events that a person who is accused of a felony will progress through. This process varies from state to state or jurisdiction and varies according to the seriousness of a crime or whether the accused is a juvenile or an adult. Generally, the criminal justice process involves several specific stages; however, not every case will include each stage or even follow a certain sequence. According to Matthew Lippman’s Essential Criminal Law (2014), these stages include:
This is the arraignment process. “Some states require arraignments in all felony and misdemeanor cases – any case in which the defendant faces possible incarceration, whether in jail or prison. Some states require arraignments only in felony cases” (Baldwin, 2016). This is done through an information or an indictment. The defendant is also informed of the specifics in the process and the criminal actions. The defendant must enter a plea, which usually means stating guilty or not guilty. Typically, defendants plead not guilty and a trial date is established (Fradella & Neubauer). The arraignment pretty much means that the defendant, more than likely, is
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.
Everyday, the American prison system becomes more crowded and over-burdened. Prison bed space cannot keep up with the prison population. While presidents and governors call for a “tough stance” on crime, the infrastructure is inadequate to contain all offenders. However, even if there were enough room to fit every individual that commits a criminal act, would this be the best move for the community and the offender? Placing an individual into a prison removes them from the general population, thus making the society they live in safer. But, separating individuals in a community does indirectly injure the community as a whole. These individuals obviously are no longer contributing to the local economy, but on a basic level, their absence places a hole into a community. Offenders have been shaped by the values and pr...
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
The three major levels of law enforcement are state, federal, and local. Each agency has its own purpose of enforcement in the United States of America. The federal government has a large range of agencies. They all maintain public order and law that are related to the whole entrie country. There are many different departments under the federal government; the best known one being the Federal Bureau of Investigation (FBI). State government has agencies that deal with the state itself. The main agency is the state police which deals with investigations and patrol. Local government is associated with the county or region of a state. Some examples are the sheriff's office and probation. We have so many agencies so crime can be more under control
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
This is one of the most important aspects of the criminal investigation process due to the fact that if the proper procedures aren’t followed, the validity of the case will be jeopardized. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines the conditions of which a person can be arrested and detained. A key term in the arresting process is ‘suspicion on reasonable grounds’ as this describes the discretion of the police in making arrests. Although for most arrests, a warrant is needed, police can arrest someone if they genuinely believe that the person is guilty of a crime. After a person has been arrested, they will be detained in a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The Act outlines the rights a person who has been detained, such as refreshment periods, and the procedures that the police must follow, this is all done to help protect the rights of citizens. If a person is charged with a crime, they will either be put in remand or be allowed to post bail. Bail, also referred to as conditional freedom, allows a person to retain certain rights, such as spend their time awaiting trial in their home, and this is outlined in the Bail Act 1978 (NSW). Bail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to