Application of the Criminal Justice System - Research Paper Example

Application of the Criminal Justice System Grade (October 9, Application of the Criminal Justice System Introduction The criminal justice system refers to the agencies and the procedures that have been put in place by the government to prevent, control, apprehend and punish the lawbreakers within the society (Miller, 2009). Therefore, there exist different judicial systems in the USA, which operate under different set of laws depending on their jurisdictions, but under the same criminal justice process. In this respect, some cases might take long to resolve while others will be resolved within just a short while. Even more surprising is the fact that similar cases might take different durations to be resolved, based on the agencies that are involved, as well as the jurisdiction under which the cases are being resolved. However, it is important to realize that even where cases might be resolved differently and within different time frames based on the jurisdiction or the agencies involved, there are standard sets of procedures that every criminal case should follow in order to be resolved through the justice system (Otis, 2014). These sets of standard procedures through which every case must go through to be resolved are referred to as the process of the criminal justice process. A brief description of the crime The crime involved the murder of Joseph Ronan at his home by John Burke. The crime was first suspected to be homicide, but after the police investigations, it was discovered that it was a murder case that involved a drug deal gone soar. The police followed the reads and were able to track down the suspect of the murder, who was set to be arraigned in court and charged for the crime of murder. Description of the processes in the adult American criminal justice system the offender would go through The criminal justice system follows a well elaborate process. The process starts when the suspect of a crime is apprehended by the police, all the way to the time the suspect is arraigned, charged and convicted or released by the courts, and through to serving the required sentences if the suspect is found guilty. Therefore, the following is the criminal justice system process: 21st Century Criminology: A Reference Handbook Criminal Law Arrest This is the first process in the criminal justice system, which entails the police apprehending a suspect who is suspected of having committed a certain crime (Crépault, 2014). Therefore, John Burke who is the offender in this case, will first be arrested by the police and kept in police custody, awaiting the next procedure in the criminal justice system. However, the arresting of the offender takes place only when the police have sufficient evidence to charge the suspect with the crime the suspect is alleged to have committed. Prosecution and Pretrial This is the second process in the criminal justice system that John Burke will go through. The prosecution and pretrial stage of the criminal justice process is the stage in which the prosecutor, will analyze and evaluate the available evidence gathered by the police (Miller, 2009). The prosecutor is the individual responsible for prosecuting the case in the court of law, and therefore must analyze the available evidence to see whether it meets the required standards of sustaining a criminal case in the court of law. Therefore, should the prosecutor analyze and find that the evidence presented by the police is not sufficient to prosecute the murder charges, the prosecutor may ask that the suspect be released without being arraigned in court. However, should the prosecutor find that the evidence available is sufficient to charge John Burke with the murder crime in a court of law, the process will move to the nest stage, which is the prosecutor filing formal charges against the suspected offender in a court (Miller, 2009). First Court Appearance Once the prosecutor files the formal charges, the next stage in the process is the first court appearance (Otis, 2014). During this stage, the suspected offender appears in court before the judge, where the offender is formally informed of his charges. At this point in the process, the judge of the court of law before whom the suspected offender is presented evaluates the evidence presented, to determine whether it is sufficient to sustain the case (Miller, 2009). Therefore, John Burke might be released at this stage, should the judge find that the evidence available is not sufficient to charge the suspect. However, should the judge find that the evidence available is sufficient to sustain the charges; the offender will then be informed of his rights and obligations before the court of law. At this point, if the defendant does not have an attorney, the process of assigning an attorney or a public defender begins. Further, it is also at this stage that the judge also determines whether the offender will be held in custody by the police, or a bail/bond will be offered for the suspect to be released and appear in court when required (Crépault, 2014). Preliminary hearing This stage of the criminal justice process is dependent on the state in which the suspect is charged. In almost half of the states within the USA, the suspect has a right to have his case heard before a grand jury (Miller, 2009). The jury hears the case and the evidence presented by the prosecutor, and then gives a statement of fact or an indictment to the court for further court action. The preliminary hearing may also entail the judge hearing the case where the grand jury is not provided as a right for the suspected offender, and determine whether to charge or release the suspect at this point. Arraignment This is the next stage in the criminal justice system, where the offender is finally presented to the court for formal charging (Otis, 2014). At this stage, the offender is informed of his rights, his charges are read and the offender can plead guilty or not guilty (Miller, 2009). If the offender pleads guilty, he will be charged and sentenced accordingly on that day, or at a set future date. However, if the offender pleads not guilty, the trial process begins. Trial The trial process is mainly one of the longest stages in the criminal justice process, where the prosecution and the defense face each other in arguing the merits of their case. The prosecution will present the facts and evidence of the case, while the defendant will present facts and evidence that seeks to exonerate the offender (Crépault, 2014). At this stage, any relevant witnesses to the case may also be called out to give testimony related to the crime. Sentencing This is the stage where the judge finally gives a verdict on the case. The verdict could be to release the offender or to sentence the offender through requiring the offender to pay the victims restitution or fines, or alternatively offer a probation, parole or jail term sentence to the offender (Miller, 2009). The parole or probation may require the offender to serve the community in different capacity while under supervision, while the jail sentence requires the offender to be institutionalized in the criminal justice correctional facilities for whatever specified period the judge may determine (Otis, 2014). The probable sentence for John Burke would be institutionalization. This is because, he is charged for a murder, which calls for a stiffer penalty. An alternative sentencing would be charging Burke for man slaughter instead of murder, which will then attract a lesser penalty. The weakest and strongest links in the criminal justice process The weakest links in the criminal justice process is that the process of charging an offender might take too long, especially for serious offences such as murder (Otis, 2014). This is in turn likely to jeopardize the welfare of both the victims and the suspected offender, due to the long waiting for justice to be served. However, the strongest links in the criminal justice system is that it follows a well elaborate procedure, making it possible for the suspected offender and the victim to understand the process and its probable outcomes, which are defined by the law (Miller, 2009). Additionally, the strongest link in the criminal justice process is that it offers an equal chance for the victim and offender to have a fair hearing. Conclusion The criminal justice process is elaborate and well defined. The criminal justice process for John Burke will start with arresting of the offender, followed by pretrial and prosecution, then the first court appearance, formal arraignment in court, trial and sentencing. Therefore, both the victim and the offender are in a better position to understand the process and even predict the outcome, based on the provisions of the law. References Crépault, J.F. (2014). Cannabis, criminal justice and public health. The Last Word, 40-41. Miller, J. M. (2009). 21st century criminology: A reference handbook. Thousand Oaks: Sage. Otis, W. G. (2014). Intent-optional criminal statutes: a plea for reform, and a note of caution to reformers. Harvard Journal of Law & Public Policy 37, 51-56. Read More