Criminal Justice Process - Research Paper Example

Criminal Justice Process Criminal justice is explained as a group of practices, strategies and courts intended to sustain social accountability, dissuading and mitigating crimes and implementing penalties against those found responsible of committing crimes. The criminal justice system comprises of three major components that work together to see the criminal justice process throughout the beginning to end. Criminal al justice can also be seen as the application or study of laws concerning criminal behaviour. Criminal justice governs the process of investigation, evidence gathering, arresting, charging, defending, trial conduction, sentencing and implementation of punishments (Baum, 1996). People who endeavor to understand the criminal justice system include police officers, judiciary workers, adult or juvenile probation officers, investigators, correctional officers, crime scene technicians, private security guards, lawyers who prosecute or defend the criminals. It is essential that criminal justice includes the word justice, since laws should be fair to both the guilty and the innocent (Mays, 2000). The enforcement and rendering of decision of cases has been under the directive of specific courts. These different courts deal with different cases and cannot make decisions in cases that are not under their jurisdiction. The different types of courts are high court, federal court and the state court. These different courts play different roles, but there are roles that seem to be similar but enforced in different capacities. The courts enforce laws. A common example of the law’s enforcement is in the case of copyright infringement, where the courts are mandated to enforce the laws that govern (Mays & Peter, 2000). The courts have the responsibility of interpreting the laws, and especially to laymen who may not easily understand the terms used. The legal profession uses words and phrases that are easily understandable to people in the profession, and who refer to each other as learned friend. The courts should also be able to define terms which are easily understandable, as their use in different clauses of laws will have different meanings (Earl, Robert & Araten, 1989). The courts enjoy the privilege to invalidate unconstitutional laws. These unconstitutional laws are laws that are contrary to the constitution. The constitution is perceived as the most important law of a country. Some of the unconstitutional laws claim that the constitution violates stipulations in the bill of rights. The courts also have the role of making laws (Mays & Peter, 2000). They are able to create common laws, which may not be covered with statutes. In many state laws, right to individuals privacy and publicity are protected under these common laws (Baum, 1996). The criminal justice system is a set of legal and social frameworks for enforcing criminal laws according to well define procedures and limitations. In the execution of cases, we must realize that there are different types of criminal cases. Criminal cases are categorized under different groups, namely, violent crimes with examples such as armed robbery, child abuse and domestic violence, white collar crimes such as frauds, bribery and extortion. Drug crimes may include crimes such as possessing, manufacturing and transportation of drugs. Sex crimes, on the other hand, include crimes such as rape sodomy and prostitution (Mays & Peter, 2000). Other crimes which may not fit under these categories include arms trafficking, burglary, hit and run and perjury. However, these crimes are divided into certain two classes; misdemeanors are considered to be petty crimes which may be punishable by fines and or less than one year jail term. Capital crimes which are only punishable by life imprisonment or death sentences. Juvenile crimes are crimes committed by minors. The last class of crimes is felonies. These are seen as serious crimes punishable by payment of fines and imprisonment exceeding one year (Baum, 1996). In the event that a crime is committed, and the case of reported to the police station, there is a criminal justice process that is undertaken. The process is done so as to ensure that the culprit who is apprehended for the crime is guilty. Still we cannot confidently say that in all the cases that are decided, the people who are sentenced are guilty (Mays, 2000). Among the steps that are involved in the criminal justice process include the below stated. Investigation of the crime by the criminal division of the police, from the moment a crime is reported During this investigation, the police gather as much evidence as they can, so as to identify and apprehend the culprit. Probable cause of a crime is the standard proof required for a search. This means that facts and information on evidence of a crime in a place have been availed. Culprits found guilty of crimes face severe consequences, with punishments spanning from probation, supervision and payment of fines to the loss of freedom by being confined (Mays & Peter, 2000). Arrest of crime suspect or suspects An arrest for a person will be granted by the state court, when there is probable cause for the commitment of the crime. This means that a connection between the suspect and the crime has been established. Once a suspect has been arrested they will remain the custody of the police until they are arraigned in court. For people to be arraigned it is stipulated that they should not stay for more than 48 hours without appearing before the court (Mays & Peter, 2000). First court appearance by the suspect Once a complaint has been filed, the suspect will either be issued with an arrested or summoning notice to appear before the court of law. In the event that a summon is delivered and the suspect fails to appear, there will be an arrest warrant issued by the judge. At the first court appearance, suspects are counseled on their rights. This is important so that the suspect does not perform activities that will be considered to interfere with the court case. During this process, the prosecutor weighs factors including the gravity of the crime and the potency of the evidence provided. The suspect is given the opportunity for a plea and they can either plead guilty or not. In this step a bail can either be issued depending on the case (Earl, Robert & Araten, 1989). Setting the bail The bail for the suspect should be made within twelve hours from the time the complaint is filed. All defendants have the right of bail under the state’s constitution. In the event that a bail has been posted and the defendant settles it, they can be released until the charges listed in the complaint file are determined. Clearance of the bail can be in monetary terms or property (Mays & Peter, 2000). If the defendant has considerable ties to the community and or prior criminal record, they will be considered for Release of Own Recognizance (R.O.R), an affidavit declaring they are conscious of the charges against them and will avail themselves to court to face charges. Defendants sometimes will be expected to give a personal bond, which is an affirmation to appear for the judgment, forfeiting a specified amount of money. The bail money will be refunded in full once the case is determined or disposed. Once defendant a freed, bail is released to the surety. When the bail is set, investigation of the defendant’s amenability is done. Bail investigation considers the weightiness and severity of the crime upon conviction (Buzawa, 1996). The right to counsel During the first appearance, the defendant is instructed on their rights to counsel, meaning that they have a right to have an attorney present to represent them. If they show they cannot afford an attorney, an attorney is provided to them by the state. Assignment of a public attorney is done after an indigence investigation, which judges the defendants possessions and liabilities (Buzawa, 1996). Private attorneys are expensive, and they may be self employed or work in private laws firms and charge hourly for their services. Still in the indigence investigation, the ability of family members and friend to post the bail is also determined. In a case where the defendant is found to have the means of paying for an attorney, the case supervisor will advocate that the application for indigent defense service be rejected (Mays & Peter, 2000). The defendant is then evaluated for substance abuse According to a study by the federal and state courts, seventy percent of are under the influence of drugs during the performance of the crime. This is as a way of determining whether the defendant uses drugs and if so, the extent to which they are addicted to the drugs (Earl, Robert & Araten, 1989). Defendants are subjected to urine screening for identification of drugs and then a drug assessment report is prepared, indicating drug abuse history, treatment needed and proposals for local counseling for the criminal judge (Buzawa, 1996). This assessment is usually performed to people charged with drugs and possession crimes. Judges have the right to order the defendant to seek treatment as a condition for bail and probation. Failure to comply with the conditions for bail will lead to sanctions, and as a result revocation of the probation (Mays & Peter, 2000). Pre-indictment events In the completion of filing the case and the first court appearance, the prosecutor will now determine whether to proceed with the case or dismiss it. Prosecutors will determine whether the evidence provided so far is enough to follow a conviction. In some countries, the prosecutor’s case screening division analyses the reports and interview presented by the police to verify if the original charges will be indicted (Buzawa, 1996). When there is deficient evidence, the charges are reduce to disorderly person’s offenses and remanded or sent to municipal courts for a hearing or discharge. In some counties, prosecutor’s pre-screen probable Superior Court filing prior to a complaint is signed (Mays & Peter, 2000). Plea bargains These are negotiations that are made between the prosecutor and defendant’s lawyer. The prosecutor may offer the defendant an arrangement for the reduction of charges in the event that the defendant will take the guilty plea. In other cases the plea bargain may lead to the reduction or discharge of the case (Earl, Robert & Araten, 1989). Defendants entering into a plea agreement have to sign a declaration certifying that they understand the plea and are willingly entering into the agreement, without coercion by the prosecutor (Mays & Peter, 2000). They are also required to acknowledge that the criminal judge is not tied by the agreement when making their sentencing. Sometimes the judge may perceive the plea as too moderate and may thus discard it. In plea agreements, the defendant may need to make a guilty plea. If this decision is reached, the defendant must openly acknowledge it in court (Buzawa, 1996). Pre trial intervention program This is a diversionary program that permits specific defendants to evade official prosecution and conviction by entering into a term of court administered community living, regularly with counseling or other support. Defendants requesting for this program, are required to apply directly to the criminal division management. Case supervisors undertake investigations into the history of all defendants, to guarantee their eligibility (Earl, Robert & Araten, 1989). Grand jury for an indictment If a criminal case has not been dismissed, the prosecutor presents the case to the Grand jury for an indictment. The jury is composed of six people who are citizens of the country selected from the voter registers, driving licenses and tax payment lists. The grand jury examines the evidence offered by the prosecutor and decides whether there is satisfactory evidence to accuse defendants and oblige them to respond to the charge(s). The indictment returns within twenty one days, leading to a pre trial conference. Any new evidence that has been uncovered should be availed to the defenses council before the pre trial. This enables the defense to have time to review the new changes that will be used against the defendant (Buzawa, 1996). Defendants have rights to jury trials, but may forego this for a trial by a judge. During the trial, there are two outcomes that can be faced. The defendant may be found guilty or not guilty to the crime. Acquitted people have no obligations to the court. The defendant found guilty is convicted and faces a sentencing rendered by the judge. The presentence investigation report is intended to aid a judge in weighing the conditions of the crime and a defendants criminal and juvenile record and general life situation to the strictness of the sentence. The investigative reports supply a uniform evaluation of a defendants general family, medical and criminal background. Defendants who are convicted for a crime can appeal their case, and a review of their trial records and decisions rendered are checked to ensure the judge was just and impartial (Earl, Robert & Araten, 1989). People who are convicted as criminals have limited rights. Some of the rights that they may not enjoy include the right to vote, the right to bear firearms, the right to jury duty and limited freedom of association especially in cases of probation. People should therefore be extremely careful when performing their daily routines, as the slightest provocation may lead to dire consequences (Mays & Peter, 2000). References Baum, L. (2001). American Courts. 5th ed. Boston, MA: Houghton Mifflin. Buzawa, E. & Buzawa, C. (1996). Domestic Violence: The Criminal Justice Response. Thousand Oaks, CA: Sage. Earl, M. M., Robert, F. W. & Araten, M. (1989). Selected Bibliography on State Constitutional Law, 1980–1989. Rutgers Law Journal, 20, 1093-1113. Mays, G. L. & Peter, R. G. (2000). Courts and Justice. Illinois: Waveland Press. Patrick, J. J. (1998). The Young Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. Read More