Any subject in the criminal justce systre - Essay Example

The Process of Criminal Justice Contents The Process of Criminal Justice Introduction The criminal justice system plays a bid role in the society as far as maintenance of peace and deterrent of crime is concerned. The criminal justice system is mainly composed of the police who do the arrest and the judicial system that determines whether the accused is guilty of an offence or not (Gibson, Cavadino, and Faulkner, 2008). Nevertheless, before one can be charged for an offence in court, there are criminal justice processes that are usually followed. The processes do vary from one country to another. In the U.S., the federal justice system usually has its own procedures, rules and terms that highlight the stages of any criminal proceedings. This paper will discuss the procedure of criminal justice process. Below are the major processes followed in criminal proceedings: Investigation Investigation usually marks the first step for a criminal case. The police usually perform this. In this regard, when a person is accused of offense, the police are usually required to carry out investigation to gather enough evidence, among them identifying the suspect in order to support an arrest. For instance, when an individual is confronted with robbers, the victim is usually required to report the matter to the law enforcement officers, who will then begin investigation based on the information provided by the victim (Burns, 2006). Search Warrant Usually, when the investigation officers are satisfied that there is probable cause for a crime, the law enforcement officers are required to seek for a search warrant, which permits them to search the premises. A probable cause in this case referred to the standard of proof indicating that there are enough facts on the ground showing that there is enough evidence of a criminal activity in a given place. Judges usually issue the search warrant, when they are satisfied that there is indeed probable cause. This implies that if the law enforcement officers fail to show enough evidence, then the police officer may be denied the right to carry out the search. However, a search warrant may not be needed under emergencies usually referred to as exigent ‘circumstances’ (Neubauer, and Fradella, 2010). Interrogation During a search, the officers may interrogate witnesses, who might have been at the scene of the alleged crime. The law enforcement officers can also question potential suspects of the crime (Neubauer, and Fradella, 2010). Arrest An arrest is usually carried out by the law enforcement officers once their investigation has proved that there is probable cause for the alleged crime. Once a suspect has been arrested, he is taken to into custody waiting being brought to court. However, a felony or misdemeanor committed in the presence of the police officers does not require a police officer to seek for warrant of arrest. In such situations, the police officers are allowable to arrest the suspect on the spot (Neubauer, and Fradella, 2010). An arrest can take place in either a public place or private place. Of the two, an arrest made in public can be made with or without a warrant. However, arrests made in private place usually require the law enforcement officers to obtain a warrant of arrest first unless the arrest is an emergency such as where the law enforcement officers fear that failure to affect an arrest may give the suspect opportunity to flee. It is also noted that before an arrest is made, the law enforcement officers must explain to the accused persons why he or she is being arrested. Once a suspect has been arrested, the law requires the suspects to be presented in court within the first 24 hours or 48 hours in some countries (Neubauer, and Fradella, 2010). Prosecution Before a suspect is charged with a criminal offence, the prosecutors usually examines the severity of the offense alleged to have been committed and the strength of the evidence provided by the law enforcement officers. This is done to determine when the case can proceed to the indictment stage. After examining the seriousness of the offense, the case proceeds to indictment stage (Del Carmen, 2009). Indictment Indictment usually involves filling the information by the government prosecutor. However, indictment under federal law is only required for a capital offense. As such, the prosecutors are usually at liberty to indict or gather information in offences involving crimes punishable by incarceration. Under the federal justice, system of the U.S. the accused usually have a right to the indictment by the grand jury in which the jury made up of citizens are required to hear the evidence produced by the prosecutor in order to decide is there is enough probable cause to trust that the accused did commit the crime alleged. However, a majority of states in the U.S. usually adopt ‘preliminary hearing’ procedure where the judge evaluates the all the evidence presented by the prosecutor to decide whether probable cause exist supporting the charges brought against the defendant. The defendant and her/his arttoney have a right to be present during the hearing to deny the charges (Del Carmen, 2009). Arraignment Arraignment is the formal presentation of the charges brought against the accused in an open court. It is during arraignment that the charges are read out to the defendant by a judge appointed to hear the case. Normally, the accused is required to plead either guilty or not guilty to the alleged crime as read out during arraignment. The defendant’s attorney is normally required to be present during arraignment stage. If the accused is not able to have one, then the court is usually required to appoint one to present the defendant (Del Carmen, 2009). Pretrial detention/bail After arraignment, the court may decide to detain the accused awaiting trial or be bailed out after getting an assurance that the defendant will present himself in court during trial. As such, if the judge is of the opinion that the defendant is likely to avoid courts by fleeing from the country then the accused will be denied bail and detained temporarily before trail (Moak and Carlson, 2013). Plea bargaining Plea-bargaining usually takes place between the prosecutor and the lawyer representing the accused person. This usually takes place when the accused is willing to plead guilty to the charges with an assurance of reduction of sentencing (Moak and Carlson, 2013). Trial Trial stage is usually conducted in the presence of a judge, prosecutor, and the defense lawyer. During trial stage, the prosecutor is usually required to prove beyond a reasonable doubt all the charges brought against the defendant. In case the prosecutor fails to prove his charges beyond a reasonable doubt then the accused is usually acquitted of the charges Sentencing Sentencing is usually done by a judge after evaluating all the evidences and witnesses presented in the case. In case the prosecutor manages to prove his charges beyond a reasonable doubt that the accused person committed the alleged crime and is guilty, then the judge reads out the sentence. The accused may be punished by through a fine, imprisonment in prisons or jail or be put on probation (Moak and Carlson, 2013). Appeals The accused usually have the right of appeal to the sentencing usually filled by their lawyers. The appeal is usually conducted in a higher court than the one that heard and determined the sentencing. In case the appeal is allowed, then the case is usually returned for trial once again. In such situations, the higher court being supreme to the lower courts has jurisdiction to reverse the earlier ruling or maintain the sentence as earlier read out (Moak and Carlson, 2013). Conclusion The criminal justice process is an elaborate process that involves various stakeholders depending on the nature of crime involved. The accused, the police, the courts, the state and attorneys are some of the stakeholders that may be involved in the process that mostly ends with the acquittal or punishment of the accused person. The procedure discussed above usually applies in many countries such as in the U.S. However, the procedure may be different in some countries. References Burns, R.G. (2006). The Criminal Justice System. New York, NY: Prentice Hall. Del Carmen, R, V. (2009). Criminal Procedure: Law and Practice. Belmont, CA: Cengage Learning. Gibson, B., Cavadino, P., & Faulkner, D. (2008). The Criminal Justice System: An Introduction. London: Waterside Press. Moak, S., & Carlson, R.L. (2013). Criminal Justice Procedure. Waltham, MA: Newnes. Neubauer, D.W., & Fradella, H.F. (2010). Americas Courts and the Criminal Justice System. Belmont, CA: Cengage Learning. Abstract The criminal justice process is a process that often takes a long period and involves the establishment of justice among two or more parties to a dispute. In most if not all jurisdictions, an accused person remains innocent until found guilty by a court of law. Generally, the process involves investigations, issuance of a search warrant, interrogation, arrest, and prosecution. Other main activities that occur in the process include indictment, trial, and sentencing or acquittal. In overall, the criminal justice process is normally instituted to ensure that criminals are punished for their offenses and potential criminals are discouraged from taking part in rime. Read More