Criminal Justice Process for a Felony - Research Paper Example

Criminal Justice Process For a Felony & Number Submitted Criminal Justice Process For a Felony Introduction Afelony refers to a criminal charge, which attracts imprisonment for a jail term exceeding one year or death sentence (May, Minor and Ruddell, 2007). Death penalties in felony cases are usually handed in serious cases such as those involving intentional murder, and robbery with violence among others. A felony has also to be distinguished from misdemeanor, in that misdemeanor results when a criminal is incarcerated for a period not exceeding one year. Moreover, felony cases have both direct and indirect consequences. Direct consequences are those, which are expected in a typical felony case. This includes imprisonment, fines, probation, and other related costs. Indirect consequences, on the other hand, include barring a criminal from participating in an election and bond denial, among others. Orfield (2005) argues that many people do not know what is expected of them when charged with felony. This always put a lot of pressure and fear among many defendants and witnesses and even the plaintiff in the case. However, what is important is that anybody charged with a felony should make an attempt and get a lawyer to represent him or her and give necessary advice concerning the rights of the accused. This paper will discuss the procedures expected in a typical felony case. There are usually a number of procedures and stages involved in felony probation. This includes an arrest, followed by arraignment, preliminary examination, circuit court arraignment, pre-trial, trial and sentencing, appeal and probation. Arrest It is reported that the responsibility of arresting a suspect in felony matters lies with the police. In this case, once the police have gathered enough evidence from the scene of the alleged crime, he expected to pursue the suspect, apprehend, and bring the accused to the police station. However, in some instances, a suspect is only issued with court sermons advising accused to appear in court on a certain date. This usually happens for lower level offenses, which may not necessarily warrant an arrest (Cole, Smith and DeJong, 2012). Interrogation Once the police have arrested the accused, the police may interrogate him but this is not a must. However, in case the police are interested in interrogating the accused, it is always advisable that the accused insist on speaking with a lawyer. The reason for an attorney’s representation is to prevent the accused from giving incriminating statements which may be used against them by the police in a court of law (May, Minor and Ruddell, 2007). Initial appearance This usually marks the opening phase where the accused is arraigned in court and should be conducted within the first 24 hours after the arrest. Usually a number of things take place at this stage. This includes informing the suspect of the charges leveled against him or her. It is also here that the suspect is reminded of his right to have a lawyer’s representation. However, in case the accused cannot produce a lawyer, then the court is expected to provide one. It is also reported that it is at this stage that the conditions of release is determined such as whether the accused can be bonded or put in prison as he or she awaits the charges for the good of the society. Finally, another hearing date is set for subsequent proceedings, which is usually conducted in a superior court (Orfield, 2005). Preliminary Hearings Fourteen days after the initial appearance, the accused is supposed to be taken through preliminary examination. This is also a very crucial stage since it is here that the judge is expected to decide if there is reasonable ground to continue the case to the next level. It is also at this stage that the charges may be dropped in case the judge finds no reasonable ground to continue with the case. What is unique at this stage is that it is a one-sided procedure since it is only involves the review of incriminating evidence for satisfactoriness and the accused is not expected to testify whatsoever. However, in case the charges are proved, then the case is “bound over.” It is also crucial for the accused to have an attorney present at this stage (Orfield, 2005). Disposition Hearing Disposition hearing is usually accorded to cases, which are perceived not to be serious enough to warrant preliminary examination. This is basically the process where the defendant is given the chance to discuss with the prosecutor any possible plea offers. It is, however, advisable for the defendant not to have any direct discussion with the prosecutor. Instead, the defendant should seek for an attorney to represent him or her, as this will shield the defendant from making incriminating statements that may prove detrimental during the trial in case the case proceeds to that stage (Francais, 2009). Arraignment In case the case passes the preliminary examination process and the court is convinced that there is reasonable ground to bind over the case, then the next thing is that the defendant will be set for arraignment. This stage is very sensitive, and in most cases, the accused is again reminded of his rights. It is also here that the accused in given a chance to plead innocence to the charges. This is usually done to maintain the defendant’s right to a jury trial (Francais, 2009). Defendants are, however advised not to waive their rights to a jury trial. Criminologists argue that it is favorable of the defendant to be tried before a jury than a court. Nevertheless, majority of court systems are in favor of trials under courts since it is perceived to be cost effective and less time consuming. Despite the favor given to the court by most of the court systems, the defendant should always opt for trial under the jury (May, Minor and Ruddell, 2007). Pretrial Hearings If the case passes the arraignment without dismissal or plea, the case is then passed on to be heard by either the bench or jury. The trial stage usually follows a chronological sequence with the prosecutor required to take center stage and present its case before the jury or bench. The prosecutor will read out all the charges laid against the defendant. Once the prosecutor is through with the presentation of its case, the defendant and his lawyer are then allowed to go ahead and challenge prosecutors’ allegations by mounting their defense (Francais, 2009). It is also reported that following on the nature of the case, the defendant’s lawyer may opt at this stage to file a motion to avoid trial, challenge evidence he or she perceives to have been obtained in violation of the defendant’s right. At the same time, the attorney may also file motions challenging procedures followed in handling the case. An example, it is during pretrial hearings that the defendant’s lawyer may opt to file a case requesting the adjudicator to compel to reveal evidence that may assist the defendant in preparing his defense. Therefore, pretrial hearing is the stage where the defendant’s layer is allowed to argue all the pertinent issue related to the case to the judge. It is then that a verdict of guilty or not guilty is read (Cole, Smith and DeJong, 2012). Sentencing It is reported that in case the defendant loses the case at trial and is found guilty of the charges, he or she would then be listed for felony sentencing. It is worth noting that sentencing does not just take place immediately, rather close to one month after the conviction date. Before the defendant is sentenced for a felony, the constitution grants him or her right to meet with the probation department to finalize on any outstanding issues. It is then that the probation department will be required by the court to prepare a report on pre-sentencing examination. It is reported that, at this point in time, the defendant’s lawyer is allowed to team up with the probation department in finding the right sentencing for the defendant instead of imprisonment. The defendant is also allowed at this stage to air his or her view concerning the nature of sentencing he or she would prefer (Orfield, 2005). In most cases, the magnitude of sentencing is determined by the severity of the felony committed. Most common laws in the US such as Arizona law punish felons with a death penalty especially on serious murder cases carried out intentionally. Apart from the death penalty, the felons of murder charges are sometimes awarded life sentence. It is worth noting that those imprisoned for more than one year are generally expected to serve their sentences in prisons. However, courts sometimes put defendants who are sentenced for less severe felony on probation. The various forms of probation that the defendants may be put in include counseling, community service and jail time. In some cases, the defendants are compelled to compensate to the victim for the crime committed (State Bar of Texas 2012). Appeal The US offer protection to every defendant by granting them the right of appeal for sentencing deemed nonprocedural. In this case, the constitution requires that once the defendant is not satisfied with the rulings of the court, then he or she should file a motion of appeal with the Court of Appeal within 10 days after sentencing. An appeal is meant to give the defendant a chance to argue his or her case against any ruling deemed nonprocedural. However, the state has no right to appeal and acquittal of a defendant of a felony charge. Nevertheless, both the state and the federal government through the attorney general may file a motion of appeal if it is of the opinion that the sentencing handed by the jury is not sufficient for the felony committed. Other grounds of appeal include where the state and the federal government are of the opinion that there had been a violation of the constitution in sentencing (Orfield, 2005). Conclusion The criminal justice process applied for felony cases indeed deals effectively with the criminal prosecutions. This is because all the processes are well laid down and gives both the defendant and the prosecutor an opportunity to argue their case without discrimination or compromise. As such, this procedure should be maintained as it has truly dealt with criminal prosecutions. References Cole, G.F., Smith, C.E., & DeJong, C. (2012). The American system of criminal justice. Hoboken, NJ: Cengage Learning. Francais, E. (2009). Criminal justice system handbook. April 22. Retrieved from: http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml May, D.C., Minor, K.I., & Ruddell, R. (2007). Corrections and the criminal justice system. Sunbury, MA: Jones & Bartlett Learning. Orfield, L.B. (2005). Criminal procedure from arrest to appeal. New York, NY: The Lawbook Exchange, Ltd. State Bar of Texas (2012). The Texas criminal justice process: A citizen guide. July 9, pp. 2-16. Read More