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Judicial System and Application of Criminal Responsibility - Essay Example

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Judicial System and Application of Criminal Responsibility Name: Instructor: Task: Date: Judicial System and Application of Criminal responsibility Introduction The judicial system of any country in the world constitutes of a sequential, procedural and systematic set of limitations and rules that both legal and social institutions enforce in order to instill law and order in the country…
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Judicial System and Application of Criminal Responsibility
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Download file to see previous pages The main role of any judicial system is to mitigate crime, provide social control, and impose sanctions to violators of the law and to rehabilitates individuals who have violated the law. Germany Criminal Justice system The Germany criminal justice system is one of the most elaborate systems in the world due to the proper structure and the eloquent due process. The German police are the first line contact with crimes happening on the ground. Additionally, their main mandate is to detect, conduct investigations and arrest lawbreakers. After the police have made an arrest, they proceed to register the crime and embark on thorough investigations. However, in other cases, the police can conduct undercover investigation in order to detect criminal activities and gather sufficient evidence for prosecution purposes. Additionally, when they find sufficient evidence, then they hand over the case to the public prosecutions officer who is has the mandate of prosecuting the suspect on behalf of the public (Miller & Gaines, 2011). However, the prosecution must have a high degree of specificity in order to prosecute an individual according to the German laws. Additionally, the matter must be an offense against the public interest. However, when the nature of crime is minor and the prosecutor sees no ground of public prosecution, then the penal sanctions are applied that may include fines. The prosecutor can go ahead and prosecute an offender, when the crime is against the public and has sufficient evidence. However, the courts will commence proceedings after thoroughly examining the charges, the nature of crime and the degree of seriousness (Hess, Orthmann & Cho, 2012). When an individual commits a crime for instance robbery, the police conduct an intensive investigation regarding the crime before they register it and forward it to the public prosecutions officer who then evaluates the case against the evidence in order to forward it to court for proceedings to commence. However, the crime must cause significant harm to the public for instance robbery causes harm to the victims. When the public prosecutor forwards the case to court, the court examines the case against the evidence that the public prosecutions officer puts forward in order to establish grounds for commencing proceedings otherwise without sufficient evidence and legal grounds the court throws out the case (Cole & Smith, 2008). The public prosecutor has to follow the due process model to the letter in order to achieve successful prosecution. The first court that majorly deals with criminal cases has one professional judge specialized in criminal cases and two other lay judges. Similarly, a higher court consists of three professional judges and two other lay judges. When an individual is arraigned in court with charges of robbery, then the case may take two major directions, they court may terminate the proceeding on grounds of insufficient evidence or the case may proceed if the court establishes grounds for the case. At this point, the defendant may be sentenced to imprisonment if found guilty. The main aim of the German Judicial process is to reform the individual, protect the public from such criminal offences that the individual may commit. Additionally, the ...Download file to see next pagesRead More
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