Criminal Justice Process for a Felony Criminal Charge - Research Paper Example

?Running head: CRIMINAL JUSTICE PROCESS FOR A FELONY CRIMINAL CHARGE FILED IN A COURT Criminal Justice Process for a Felony Criminal Charge Filed in a State Court Insert Name Insert Course Title Insert Instructor’s Name July 2011 Criminal justice process for a felony criminal charge filed in a state court Introduction Crime refers to a wrongful act against an individual or society, which is proclaimed by the law, and if committed under certain circumstances, it is punishable by the society. Hence, any act becomes a crime only when the act or action meets the legalities that describe it as such. The concept of crime and criminality is not static, as it evolves and changes with the changing society. The concept of crime can be understood by the use of the consensus and conflict models. The Consensus model assumes that when individuals gather to form a society, they naturally come to a basic agreement with regard to shared norms and values. Those individuals whose actions deviate from the established norms and values are considered to pose a threat to the well-being of society, and hence, the society passes laws to control and prevent deviant behavior, thereby setting clear-cut boundaries and agreement on what activities to outlaw and punish as crime. According to the Conflict model, there exists different segments within the society separated by social class, wages, age, race, and there is constant struggle with each other for control of society. The resulting effect is that, the victorious groups exercise their power by codifying their value systems into criminal laws, this being determined by the group that happens to be holding power over the others. There are various types of crimes within the society, and their classification depends on the magnitude of the seriousness, ranging from jaywalking to first-degree murder. Criminal behavior can be put into six categories, namely; violent crime (murder, sexual assault), property crime (burglary, larceny, theft, shoplifting and vandalism), public order crime (prostitution, pornography, alcohol, driving under substance influence), white collar crime (business scams, workplace ethics, fraud), organized crime (terrorism), and high tech crime based on computer technology (cyber crime, hacking). Felony describes several serious crimes such as murder, rape, or burglary punishable by a more stringent sentence than that given for a misdemeanor. The crime is punishable in federal law by death or imprisonment for more than one year (Gaines, Miller, 2008). Criminal justice system This contemporary system is the society’s instrument of social control (the ability of society and its institutions to control, manage, restrain, or direct human behavior). The system seeks to prevent or deter outlawed behavior by apprehending, adjudicating, and sanctioning the lawbreakers. The criminal justice system has three components; law enforcement agencies, which investigate crimes and apprehend the suspects; the court system, which charges, indicts, tries, and sentences the offenders; and the correctional system, which incapacitates convicted offenders and attempts to aid in their treatment and rehabilitation. The criminal justice agencies are political entities whose structure and functions are lodged within the three arms of any government, that is, the legislative (defines the law and establishes criminal penalties), judicial (interprets existing law and determines constitutionality), and executive (oversees justice agencies operations through budgeting, provision of required directives) (Siegel, 2009). The overall goals of the criminal justice system are to protect the society, maintain order and stability, control crime, investigate crimes and arrest offenders, provide for judicial determination of guilt or innocence, set an appropriate sentence for the guilty, and protect the constitutional rights of defendants throughout the criminal justice process (Purpura, 1997). Felony This is a type of sufficiently serious crime that is subjectively punishable by death or a term of more than a year in state or federal prison. Such crimes are sometimes referred to as high crimes and are distinguished from a misdemeanor, which is only punishable by confinement to county or local jail or payment of a fine. A sentence upon conviction for a felony may sometimes be less than one year at the discretion of the judge and within limits set by stature. Various strings of crimes including murder, rape, and burglary, depending on the seriousness and magnitude of the crime in question. For this paper, the description will center on murder as confirmed as a felony charge on the victim. Felony Justice Process A certain procedure is applied when the criminal justice institutions are carrying out justice and fair ruling in felony crimes at the state and federal level. The process entails stages that are closely linked and dependent. The first stage is usually investigation of the criminal. When the felony crime is committed, the law enforcement agencies including the investigative bodies such as Federal Bureau of Investigation swings into place in order to apprehend the suspect who has committed felony. This is usually the first stage, whereby the victim is arrested after the necessary investigations have been carried out which will link the person to that particular crime. Arrests are carried out by enforcement agencies such as police officers upon presentation of a warrant legalizing the arrest and the suspects are put in custody awaiting the court hearings. Arrests, according to the constitution provisions, require that the rights of the suspect are read out, and the constitution provides the protection for the accused in that they should remain silent. This is in addition to provision for a state criminal lawyer for those suspects who cannot afford to hire one such that the accused should consult with the attorney before and during the questioning. The attorney ensures that the rights of the felon are protected. After the arrest, the suspects provide personal information including their fingerprints and photographs. The charges are either filed against the suspects or dropped. Arraignment in court of the felon follows the presentation of the case to the magistrate, who files complaints of criminal activity committed. The defendant is presented with a copy of the complaint in order to read and understand crime details. The magistrate weighs the seriousness of the crime in question with the available and reliable evidence present. There is enactment of bail and plea bargains at this stage. Previous criminal records of the accused, reports, and records concerning the case are thoroughly reviewed by the magistrate. Arising of the likelihood of a shortfall in concrete evidence results in re-examination of the investigations by the enforcement agencies (the police in this case) that carry out intense search and investigations concerning the case at hand, hence providing effectiveness in dealing with prosecutions. The constitution grants the defendant certain rights, which include the appointment of an attorney for the felon, and if the defendant is not able due to financial predicaments, the state appoints an attorney who will represent the felon during the first appearance. The severity of the case determines whether bail will be granted to the felon suspect. Arraignment allows for the chance of the individual involved to plead guilty or not being guilty of the offence being accused, and consequently the date for the second hearing and appearance of the defendant in court is set. The contingencies at this point are that the magistrate’s decision about the guilt of the suspect influences a not guilty plea for the complaint. At the pre-trial stage, the magistrate has majority of the facts and relevant information about the case to help in determination of the fate of the defendant. This is followed by visits to the crime scene by the prosecutor in order to provide concrete and valid evidence concerning the accusations of the crime committed in court. During the presentation of the suspect to the jury, members of the public connected with the crime take their place and an opening statement is read to both sides of the case. There are also preliminary hearings involving the presentation of evidence to the jury, members of the public, and both sides of the attorneys in order for a decision to be made concerning the magnitude of evidence portraying the accused as guilty of felony crime. A conference between the two sides of the attorneys decides on the necessity of trial; however, chances are usually minimal for a plea bargain depending on the extremity of the felony. The constitution protects the defendant by allowing the convergence of the jury and attorney in order to provide a fair judgment about the evidence presented. This results in an effective judicial process. At the trial, the case is heard from both sides. This involves presentation of evidence from key witnesses, analysis of circumstantial evidence, as well as crosses and direct examination of all the present witnesses to the case. The jury and the judge listen to the case proceedings, carefully analyzing the evidence presented. What follows is the judgment passed on whether the crime was committed. At this point, the contingencies are that contamination of the evidence, questionable state concerning the validity of evidence presented might result in the nullification of the evidence hence increasing the chances of the accused not being guilty, and this provides the option of jail while awaiting sentence or the release on bond. The judges provide sentencing, which may be concurrent incorporating a fine, probation and a session of incarceration with close supervision in the society, though such cases of felony provide for more than one-year term. Appeal refers to a legal proceeding where a case such as felony is brought before a higher court so that the decision made by the lower court is reviewed. It involves earnest request, entreaty, or supplication in both federal and state courts. This promotes the chances of retrying the case depending on arguments in terms of flaws in the judgment process. Although the appeals do not allow for introduction of new witnesses and evidence, victims of felony have limited rights for appeal of their cases. Sometimes, evidence could come up after the judgment has been passed, the constitution should provide a section that allows for entry of new evidence and witnesses who might change the course and judgment on certain cases. It should also look into the provision of stringent rights to victims facing felony (May et al., 2007). Conclusion Crime involves wrongful acts that are not in line with the society norms. The criminal justice system ensures that the norms of the society are not breached by providing an integrated law enforcement agencies, court systems, and correctional systems. Felony is a serious crime that undergoes a justice process just like other cases, but it involves harsh punishment. . References Gaines, K. L. and Miller, L. R. (2008). Criminal Justice in Action: Belmont, CA: Cengage Learning. May, D. et al. (2007). Corrections and the Criminal Justice System. NJ: Jones & Bartlett Learning, Purpura, P. P. (1997). Criminal justice: an introduction. Newton, MA: Elsevier. Siegel, J. L. (2009). Introduction to Criminal Justice. Belmont, CA: Cengage Learning. Read More