Functioning of the Criminal Justice System - Essay Example

? Criminal Justice System and Number Project Topic: Murder Introduction The criminal justice system is a set of processes or agencies created by governments to control crime and punish those who violate the laws of the land (Lab, 2013). In the United States, there is a collection of individual criminal justice systems which work in each area differently depending on the jurisdiction of that area. It is classified into state criminal justice systems, which deal with crimes that are committed within the boundaries of the state, and the federal criminal justice system, which deals with crime committed in more than one state or on federal property (Jenkins, 2011). The main components of a criminal justice systemare: law enforcement, prosecution, defense attorneys, courts and corrections, all of which play a major role in the process. Officers in law enforcement take reports when crime is committed in their areas of jurisdiction, they investigate the crimes while collecting and protecting evidence. They then may arrest suspects based on their investigations and give testimonies in court. Prosecution is composed of lawyers who represent the federal or state government during the court process. They receive evidence from law enforcers, review it to decide whether to keep or drop a case, present the evidence in court, they question the witnesses and negotiate plea bargains with the accused. Defense attorneys represent the accused against the case of the government and are either hired by the defendant or in cases where the defendant cannot afford an attorney, they are assigned by the hearing court. In courts, judges follow and oversee the proceedings of a case, they accept or reject plea agreements, make decisions on whether to release the defendant before trial, and sentence offenders who are found guilty. In corrections, assigned officers superintend convicted offenders in prison, jail or while they are in the community on parole or probation. The correction officers ensure the safety and security of the facilities that hold offenders, they supervise offenders in daily activities and oversee the process of releasing inmates. At times, these officers prepare reports containing detailed background information on the offender to aid judges in sentencing and they notify victims in case of status change of the offender. Murder This refers to the criminal act of unlawful ending the life of another human being without any excuse or justification. It is regarded into three types depending on the seriousness of the crime: homicide which is the most serious, manslaughter which is less serious and justifiable homicide which is not regarded as a crime. Under US law, it is classified into either intentional murder, murder resulting from the intent to cause serious harm to another person, killing resulting from a depraved heart orextreme recklessness and murder committed by an accomplice during its commission, its attempt or flight from other crimes (Pollock, 2008). Depending on the circumstance surrounding the act, the convicted offender may be sentenced to many years in prison without the possibility of parole or death. Various states classify murders by degrees with the most common being first degree murder which is willful and premeditated, and second degree murder that is not premeditated(Jenkins, 2011). Discussion of Case Study Arrest The offender, James Lane was arrested by the police and charged with the murder of Lucy Lane and Rodney Hill based on the sufficient evidence uncovered (a six inch blade knife and clothes that were soaked in blood that matched the blood type and DNA of both Lucy Lane and Rodney Hill). The police officers would first read the offenders rights to him and state the charges on which he was being arrested. Due to the seriousness of the crime, Mr. Lane would be booked into police custody. His fingerprints and photo would be taken during the booking process and he would then be led into a cell in a holding facility. Court Within hours of his arrest, Mr. Lane would be taken to court for an initial appearance before a judge or magistrate. He would be informed of his right to be released on bail before the trial, on his own recognizance or after posting bail of an amount which the judge or magistrate would determine. The judge or magistrate could decide give or deny bail and how much it would be based on the severity of the crime committed, criminal background of the defendant and the risk of flight of the defendant from prosecution. In the case of Mr. Lane the judge would most likely deny bail based on the severity of the crime committed. If released on bail, he would have to sign a release document which includes the conditions that he appear in court as ordered and not to leave the state without the permission of the court.He would then be informed of his rights to an attorney and if he states that he does not have one, the court will appoint one to represent him. Mr. Lane would then be escorted back to his cell or be released on bail depending on the decision of the judge or magistrate. The next appearance in court would be at the preliminary examination or hearing of the case. A judge would evaluate the evidence brought forward by the prosecution and decide whether the crime was indeed committed and if the defendant could have committed it. The prosecution will then file a statement based on the preliminary hearing or ask for a grand jury seated so that a formal indictment of Mr. Lane could be made. After the prosecution obtains the indictment successfully, a detention hearing would ensue. Mr. Lane would face an arraignment hearing where he would be informed of the charges brought under the indictment and he would be required to enter a guilty plea, a not-guilty plea or fail contest. If he pleads guilty, the judge would decide whether the submission was sincere and if he feels otherwise a not-guilty plea will be entered instead. Trial The Sixth Amendment gives the accused person the right to trial by a jury if the crime in context is more than a petty crime (Shea, 2011). In the case that the defendant chooses to go to trial, he will have the right to confront the witnesses testifying against him. In this case, John Wolf a neighbor who told the police that he had seen the defendant leave the crime scene in his white Ford Bronco would be subpoenaed to testify. Relevant evidence that is not prejudicial would be introduced by either the Defense or the Prosecution. Any documented evidence that would be provided would be authenticated and the testimonies by witnesses be evaluated for credibility. The prosecution would then provide the evidences they would have collected to prove that Mr. Lane was guilty beyond reasonable doubt. Sentencing The judge may request reports from Mr. Lane’s probation officers before the sentencing to help familiarize him or her with the defendant’s social history, any legitimate explanations for the behavior he exhibited and information of any past criminal activity. If found guilty, Mr. Lane would be notified of his right to present his testimony during the sentencing stage of the trial. The crimes committed by Mr. Lane would probably be categorized as a crime of passion since the defendant killed his former wife when he allegedly found her with her longtime lover, also a victim of Mr. Lane’s crime. Under State law, he would be found guilty of pre-meditated murder which in Washington is regarded as first degree murder unless the Defense proves otherwise.A person convicted of first degree murder will receive a life imprisonment or a similar sentence. After the sentencing, Mr. Lane can appeal the verdict and sentence later to be heard by the Oregon Court of Appeals. The issues he would raise in his appeal would determine the time it would take to get it. Conclusion In my opinion, the weakest link of the criminal justice system is the correction department. While the criminal justice department is tasked with providing a way of dealing with criminals that make society a safer and crime-free haven, it is let down by the state of affairs in the correction facilities. Inmates in some state and federal prisons sleep on floors, in converted broom closets, tents, or in double and sometimes in triple bunks in cells that were designed for a single inmate (Renaissance Universal, 2013). While they are very expensive to construct, they are miserable places in which various criminal activities take place such as the rape of inmates and the sex trade for accessories such as a pack of cigarettes. A correction facility fails in its task of deterring criminal behavior but instead it incapacitates the convicts that they become hardly fit for anything else. Around 62 percent of released convicts are rearrested within three years of their release (Pollock, 2011). The strong link of the criminal justice service would be the ability to settle for pre-trial negotiations for cases that qualify as misdemeanors. Plea negotiations in the pre-trial stage cost much less as compared to trials and this represents significant savings to taxpayers.Due to this, the District Attorney and the defense attorneys in the criminal justice system push for negotiations on the basis of case facts, criminal history of the defendant and attorney discretion to keep most cases from going to trial. If the accused is found guilty of a crime that is punishable as a violation that is less serious than a felony, if they pay all expenses incurred, and if the victim acknowledges in writing that they are satisfied, the case can be dismissed by the judge. References Jenkins, J. A. (2011). The American courts: a procedural approach. Sudbury, Mass.: Jones and Bartlett Publishers LLC. Lab, S. P. (2013). Criminal justice: the essentials (3rd Ed.). New York: Oxford University Press. Pollock, J. M. (2008). Study guide Crime & justice in America: an introduction to criminal justice. Newark, N.J.: LexisNexis Matthew Bender. Pollock, J. M. (2012). Crime and justice in America: an introduction to criminal justice (2nd Ed.). Amsterdam: Elsevier. Renaissance Universal. 2013. Seven Ways to Fix the Criminal Justice System. Retrieved from http://www.ru.org/society/seven-ways-to-fix-the-criminal-justice-system.html Shea, T. (2011). The Sixth Amendment the rights of the accused in criminal cases. New York: Rosen Central. The National Center for Victims of Crime. (n.d.). The Criminal Justice System. Washington, DC.Retrieved from http://www.victimsofcrime.org/help-for-crime-victims/get-help- bulletins-for-crime-victims/the-criminal-justice-system Read More