An Application of the Criminal Justice System - Research Paper Example

An Application of the Criminal Justice System Introduction The Emergency paradise 911 call center got a call at 8.26 P.M from John Wolf of 115 Front Street. He informed them of a body lying in the driveway of 114 Front Street, therefore requesting police to be sent there to conduct an investigation. The police discovered the body was Ms. Lane, who had been stabbed in both the front and the rear torso. Inside the house on the deck, the police also found the deceased Mr. Hill which was also stuck in the chest and abdomen (Cunningham, & Griffiths, 1997). Mr. Wolf told the cops that he heard a commotion from the front yard of the house. Then there was shouting and yelling which lasted for minutes and eventually ended with a scream. Through the window, Mr. Wolf saw James Lane, a former president in his white Ford Bronco. Investigations of the police revealed that Ms. Lane lived and owned 114 Front Street and had been in an intimate relationship with Mr. Hill for several months. In addition, Ms. Lane and James Lane a bartender at a local men’s club had recently divorced (Cunningham, & Griffiths, 1997). On the day of Ms. Lane’s death, she received a command from Lane James involving emotional and physical abuse. She also received threats against her and Mr. Hill. When the police about the killings interviewed James Lane, he denied adding that at that time of the deaths he had no alibi for his whereabouts. A warrant supported James Lane house issued search. The police then uncovered a 6-inch lock blade knife on the dresser drawer as well as clothing in the basement that seemed to be in the blood (Cunningham, & Griffiths, 1997). After scientific tests had been conducted, it was discovered that the blood on the clothing was similar to the DNA and blood type of both Ms. Lane and Mr. Hill. An investigation of the knife also revealed the same results. James Lane was the arrested based on the evidence and was charged with the murder of Ms. Lane and Mr. Hill (Cunningham, & Griffiths, 1997). Process of the criminal justice system Criminal justice is a process that involves a number of steps starting with an investigation of the criminal and ends with the release of a criminal from correctional supervision. Decision-making and rules are in the middle of this process (Hall, & Clark, 2002). Investigations The leading step will involve police investigations regarding the crime. The main reason for the criminal investigation is to get evidence so as to have knowledge of the suspect and support an arrest. In the case after, John Wolf called the Paradise 911 Emergency call center informing them of the crime the police came and conducted their investigations. The research may require a search of the property of the suspect. In the case, a warrant supported James Lane house issued search. The police then uncovered a 6-inch lock blade knife on the dresser drawer as well as clothing in the basement that seemed to be in the blood. There is also a probable cause in the investigation step which means that there are facts showing that the evidence of the committed crime can be in a particular crime (Hall, & Clark, 2002). Arrest The police then arrest the suspect after conducting their investigations. An arrest involves taking the suspect into custody for holding until time to be taken to court reaches. The probable cause is the requirement by law for an arrest. Its an indication of there is a connection between crime and the suspect. In the case after scientific tests were conducted and it was discovered that the blood on the clothing was similar to the DNA and blood type of Ms. Lane and Mr. Hill, James Lane was arrested (Levesque, 2005). Prosecution The district attorney will then prosecute James Lane. Usually, when deciding whether to charge a person with a crime the prosecutors typically weigh various factors. These factors are the evidence credibility of the evidence and the seriousness of the offence. Since the evidence on James Lane was high then, the prosecutors have no other option, but to execute him murder charges on Ms. Lane and Mr. Hill (Levesque, 2005). Indictment The prosecutor will then file information or there will also an indictment by a grand jury. Under the federal rules of criminal justice procedure, the charge is needed when prosecuting a capital offence. In the case, an indictment can be necessary since James Lane was charged with murder of Ms. Lane and Mr. Hill. The prosecutor has the option of information in cases involving crimes punishable by law and has the option of indictment. In almost half of the states and the federal system, the jury can make a decision of bringing the charges against the suspect in a closed hearing. In such a case, only the prosecutor will provide the evidence, and James Lane will have no right to be present in the proceedings of the jury. He will also be the right of having represented by a defense attorney before the grand jury. The probable cause is the standard for indicting a suspect (Purpura, 1996). Arraignment by a judge Before the trial James Lane will appear in court before the judges to be informed of his rights together with the charges, and he will enter a plea. He will have to plea if he is guilty or not guilty or accept the penalty without admitting to being guilty (no contest). If he pleads no contest or guilty, no trial is held, and he will be immediately or later. If he pleads not guilty then, a particular date is for a trial. In addition, if there is a negotiation of a plea agreement then no hearing is held (Purpura, 1996). Pretrial detention or bail After arraignment by a judge, James Lane will be put in temporary custody awaiting trial. He can also decide to pay a certain amount of money on condition that he will show up for a trial (Purpura, 1996). Plea-bargaining There can be a bargaining of plea between the prosecutor and the defense attorney. Usually in this stage, James Lane is required to appeal liable in exchange for a reduction of charge against him (Purpura, 1996). The Trial or adjudication of guiltiness by a judge/jury The prosecutor and the defense attorney will participate in the trial of James Lane. The case will be before a magistrate. The acceptable measure for a conviction over criminal case is guilty beyond a reasonable doubt. More than high probability but a certainty of less than 100 percent. From the firm evidence on the charge of murder by James Lane, he will be entitled to be (Reid, 1999). Sentencing by a judge In the case, a suspect has been found liable for an individual criminal offence; then, the judge metes out a sentence. Possible penalties include; probation, fine, incarceration or some form of supervision in the community and incarceration. In the case of James Lane, the judge will have to pass a sentence of life imprisonment in a correctional institution such as a prison. The sentence is most likely to occur because it does not need any further evidence to substantiate that it was murder case. However, in light of this sentence James Lane will expect to sentence to be reduced to some years of imprisonment. The reason is that it seemed to be overcome with emotions when he realized his ex-wife was in an intimate relationship with another man (Reid, 1999). Appeals They are with the attorneys in appellate courts and are ruled by appellate judges. If the tribunal of appeal reverses the case of James Lane, it will be forced to return to the trial court for retrial. In a reversal, the original test appears to have never happened. The prosecutor can decide whether to drop or retile the charges. Even if the prosecutor decides to drop the charges, James Lane can still be prosecuted later. It can happen provided that the statute if the limitations of the offence committed by James Lane has not run out (Reid, 1999). Punishment or rehabilitation It is by the federal, state, or local correctional authorities. Most inmates do not complete their term in these institutions and are before their maximum sentences expire. The release may be through servicing the necessary punishment as stipulated by the law or via penalty a mechanism of liberation which before completion of the terms of a pardon or parole. James Lane would have to be to a correctional institution in accordance with the sentence passed by the judge (Reid, 1999). Conclusion The criminal justice process can be compared to a funnel. It means that it narrow at the lower side and wider at the top part. The strongest point of the process is at the top where there are many cases. The weakest point is at the bottom since the numbers of cases reduce as the decision makers omit some of them from the process. Some instances are referred for counseling or treatment while some are. In addition, another weak point is that in the process there are many suspects than inmates (Cunningham, & Griffiths, 1997). References Cunningham, A. J., & Griffiths, C. T. (1997). Criminal justice in Canada: A primer. Toronto: Harcourt Brace. Hall, K. L., & Clark, D. S. (2002). The Oxford companion to American law. New York: Oxford University Press. Levesque, R. J. R. (2005). The psychology and law of criminal justice processes: Cases and materials. New York: Nova Science Publishers. Purpura, P. P. (1996). Criminal justice: An introduction. Boston: Butterworth-Heinemann. Reid, S. T. (1999). Criminal justice. St. Paul, MN: Coursewise. Read More