Justice process in the USA - Essay Example

Justice process for a felony criminal charge filed in USA In the US, the legal procedure undertaken in case of criminal justice varies from state to state and at the same time, there are rules specifically existing for federal criminal justice system and certain terms in place for use in description of stages in proceedings. One may wonder why the processes are different in various occasions. The answer may be obvious that the cases are different. It is true but what everyone should bear in mind is that the nature of crime always defines the length of the so said case. This article will focus on the major steps involved in the process of justice that is from arrest to appeals in the United States of America. Investigation, Arrest and Arraignment Before any citizen (especially in America) may be tried and convicted of any criminal activity, a legal arrest and appropriate filed charges should be availed. However a security officer may observe an illegal act personally: for instance driving a car while under drug or alcohol influence that may cause an accident on the highway and other traffic offenses are typically considered to be firsthand (Carp, Stidham & Manning, 2014). In several instances, police officers react based on public’s information. It is a general rule that before search on a person, the officer must either personally witness unlawful activity, possess a reasonable belief that the individual has or is committing unlawful act or be in a possession of a valid arrest warrant. Generally, a law enforcement officer cannot and should not arrest anybody without an enforceable and valid warrant of arrest. For the warrant to be valid, it is supposed to be signed by unbiased judge and should clearly specify the legal and factual support for the intended arrest. After arresting a suspect, the suspect is booked; normally it includes taking personal details including photographing, obtaining the fingerprints and produce a document with personal information. When an individual is taken into custody, before any questioning, they are informed that anything or information that they give may be held against them. The person also has the right to access and consult a recognized lawyer before and during the questioning event. The person is also told that a lawyer may be appointed to represent him or her if he or she cannot afford one. Adjudication of a Criminal Charge/pre-trial It is a law in the United States of America that the first appearance of the defendant should occur within detention hours; the amount of time varies depending on a specific state. It is during the first hearing that the court will settle on whether the defendant is eligible for release or should post bail in the first step. In case bail is required, the court decides on the amount the defendant is to part with depending on several factors that include: Crime severity Possibility that the defendant may flee Criminal records that have been in existence in prior The court will move to appoint an attorney to stand in for the defendant in the event that the defendant has no counsel. The following hearing is called the preliminary examination/ hearing. During this hearing, the presiding judge will have a look at the evidence or exhibit availed by the prosecution and decides on a determination whether there is a committed crime and enough evidence available to defend the assertion that the suspect committed the crime. The evidence should be availed to a grand jury; the grand jury issues an indictment or in other terms –a formal accusation- before procession of the trial. Though, in several states, a prosecutor may file relevant documents to proceed with adjudication depending on the outcomes at preliminary hearing. Upon issuing an indictment by the grand jury or the prosecutor decides to proceed, the court will set a hearing session to establish whether a bail may be set and the cost of the same. Considering the kind of offence, the defendant can be arraigned in a court of law. In the process of arraignment, the accused appears in the court, get to hear a reading of the charges and has the room to initiate a plea, that is guilty, not guilty or no relevant contest (Neubauer & Meinhold, 2013). An arraignment right may be waived by the defendant. Arraignment may be considered unnecessary in the event of misdemeanor offenses. However, the United States constitution sureties the right to jury trial, the accused may opt to enter into plea bargain at any given time. Most criminal offenses are ether resolved or dismissed by plea bargain before the trial event. Trial During trial, the involved parties can introduce non-prejudicial and relevant evidence including letters, pictures and testimony given orally. Due to concerns regarding prejudicial nature of some evidence, hearings will typically be held in advance by the court depending on admissibility of the given evidence, such that the admissibility determination doesn’t creep in after the jury has seen or heard the pending evidence. In trial process, the jury will come up with all determinations regarding disputed facts. The jury will be provided with instructions from the judge regarding the laws, as well as make all necessary verdicts touching on nay any legal matters, which includes evidence admissibility. In case the jury’s result is a not guilty decision, the accused quits the criminal justice system. The defendant may not be tried for another session for the same offense that he or she has been accused of. At the trial stage, the tribunal must have enough evidence on the defendant’s guilt that is beyond reasonable doubt. It is the right of the defendant to confront any person in the name of witness against him or her and at the same time compels them to testify in a court of law. In addition, the constitution of the United States of America gives a defendant an opportunity to desist from testifying against himself. Sentencing Other judges normally request for pre-sentence outcome reports from probation officers. The documents assist acquaint judges with social history of the convicted party, any appropriate explanation about the behavior of defendant and any necessary data regarding previous criminal activity. In as much as some crime acts may need mandatory sentence, the judges are keen to retain little discretion in sentencing. Convicts have the right to give their testimony during trial’s sentencing phase. Once decision has been made about a sentence, it is the judge to decide whether to administer them consecutively or concurrently (Higginbotham, 1980). Few first time convicts and those responsible for lesser crimes may be worth probation accordingly, which involves revocation of a jail sentence that allows the defendant to return to the community with either or without close supervision. Appeals In any criminal case, the prosecution or the defendant may only appeal only what are considered to law errors. Neither party may petition a perceived misinterpretation or misunderstanding of facts by the jury that heard that particular case. Since facts may not be appealed, juries are not present in appellate courts but instead there are only panels of judges or judges. General appeal bases include alleged misappropriations about the admissibility or even evidence exclusion and instructions specifically for jury that revolves around the law. Current status of the judicial process Currently, United States of America has a centralized and a uniform judicial that tries to give equal rights that are beneficial to both the prosecutor and the defendant. A reprieve for the citizens is about the Miranda rights; the Supreme Court in the USA in 1966 ruled in Miranda vs. Arizona that when relevant law officers investigate people, any evidence obtained cannot b used against the accused not unless he or she is aware of the constitutional rights. Another fact that may still hold that the system is good is citizen’s responses; were it that the law was pressing then there could have been several street movements aimed at amending the constitution. In other words it provides a fair play for both parties at the moment, though there are some recommendations that I would make. Recommendations In as much as it presents benefits, a section feels that there should be some slight amendment to 8th Amendment (Higginbotham, 1998). It reads: "Excessive bail shall not be essential, nor imposition of neither excessive fines, nor cruel and unusual punishments inflicted." According to law experts, this amendment maybe the most difficult to implement, it sounds vague since one may need an answer to which kind of punishment in real sense unusual and cruel. It means that in case an individual inflicts unusual cruel punishment on some other people, he may be exempted from that specific prosecution. The system should move away from ‘beyond reasonable doubt’ to ‘guilt certainty’: this may sound strange but beyond reasonable doubt avails plenty of room for error, and in some events, appropriate punishment not given in the name of good conscience. As well, it can make jurors’ duty much effortless. This is in favor of more cruel punishment for several flagrant criminals. Instigating the step above helps in eliminating doubt and settling on certainty of guilt. References Carp, R. A., Stidham, R., & Manning, K. L. (2014). Judicial process in America. Thousand Oaks, CA: CQ Press, an imprint of SAGE Publications Neubauer, D. W., & Meinhold, S. S. (2013). Judicial process: Law, courts, and politics in the United States. Boston, MA: Wadsworth Cengage Learning. Higginbotham, A. L. (1980). In the matter of color: Race and the American legal process : the colonial period. Oxford: Oxford University Press. Higginbotham, A. L. (1998). Shades of Freedom: Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process, Volume II. New York: Oxford University Press. Read More