Nevertheless, the courts are run by judges, all of these are to ensure a fair trial for the accused. Finally the corrections, when there is a conviction and the charges given for jail time the defended will be sent to the corrections system for punishment. As it concerns the victim civil court proceedings as victims speak out more against wrong doers, the offender will know there are consequences. It allows the victim to feel empowered verse being afraid or feelings of hopelessness. Victims need to know they have the right to restitution and compensation as a financial means of recovering for lost of wages, hospital bills, counseling cost, and/or property damages.
A third solution is that adopted in Scotland, where a public prosecutor has charge of the police investigation and of the actual prosecution, the judicial officer merely rubber-stamping the decision to send the accused for trial . The principal problems arising in that part of the criminal process which governs events before trial relate to the nature of police powers and procedure in the investigation of offences. The Code of Criminal Procedure 1973 confers wide powers upon our police of making arrests. In addition to the power of arrest, the code bestows upon the police powers parallel to the magistrate to release and arrest person on bail.
It gives the accused the right to have an attorney present while being questioned. This amendment also allows for an attorney to be appointed for those who cannot afford one. Under this amendment, the accused must know the charges against them and the exact place the trial will be held. In my opinion, the right to counsel is the most important part of this amendment. Miranda’s rights is an example of how the fifth and sixth amendments changed criminal law.
In all crimes, a motive is present. Motive is defined as the emotional, psychological, and material needs that impel and are satisfied by behavior (Turvey, 2011). It is the driving force of our choices and actions, therefore, when it comes to criminal investigation, establishing a motive can help solve crimes. However, some motives are not apparent during the early stages of an investigation and before court proceedings. Without a motive, it would be difficult to prove guilt since the number question needed to be answer for juries are the “whys” in crimes.
Explains how citizens and surviving victims are the main things that help police capture serial killers in the modern day. The finding of this article shows that there are two sides to perception regarding criminal profiling and forensic science – the public’s and the law enforcement’s. Also typical criminal TV shows such as Criminal Minds, Law & Order, and Profiler often are inaccurate in describing criminal profiling. I will use this article for my essay to help explain the accurate description of criminal profiling and how police capture serial
The national and state government both have power which the people can appoint to represent them. It imposes laws to keep corruption and illegal behavior from those that can hurt citizens. Under the constitution we have checks and balances. It distributes power onto the Executive, Judicial, and Legislative so no one is more powerful than the other. Our government has created laws to keep peace and order within its borders.
In Lerman and Weaver’s Arresting Citizenship, the authors explore how the criminal justice system influences American citizens and controls their views of the democratic system of government. There are an ample number of factors that formulate a citizen’s opinion of these institutions. However, quite frequently, African American and
Ethics in court In relation to ethics in the court, the same seeps through the courtroom environment during arraignments, grand juries, and trials. Prosecutors have ethical standards to maintain or a defendant might be punished for a crime he didn't commit, they possess a great deal of discretion in deciding who and how to prosecute, they are faced with which charges to pursue and which to drop, which cases to take to the grand jury and how to prosecute a case and whether to pursue the death penalty in homicide cases, in addition to having the responsibility to provide honest, accurate testimony and supportive evidence to justify their claims. Defense attorneys have ethical duties similar to prosecutors in some ways, but, they also have unique duties to their clients; which include refraining from assisting clients to offer false testimony and encourage defendants to rectify fraudulent statements. Judges possess the power to decide whether to deny or accept plea bargains, decisions regarding rules of evidence, and decisions about sentencing, they must interpret the law fairly and independently without personal
Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
In the United States, both the Federal Government and the States have the authority to institute criminal proceedings. The Federal Government, as well as each State, have their own criminal system, their own court system, their own prosecutors, and their own police organizations. By virtue of both law and practice factors, the crimes that make the most frequently prosecuted are drug trafficking, organized crime, financial crime, fraud on a large scale, and crimes of particular federal interest and fraud against the United States. In addition, there are certain crimes which only the federal government can prosecute such as those related to tax issues, and crimes of espionage and treason. States bring criminal actions for delinquencies committed
The Judiciary- Judges have an important role within the court system, because they are legal experts of the law if the prosecution and defence are in dispute. The judiciary mange and oversee the conduct of trails and they sum up them up for the jury in a criminal case. They also pronounce sentence if a defendant is found guilty. In order
In McClesky v. Kemp the Supreme Court held that a study showing the death penalty in Georgia was imposed on black defendants disproportionately to white defendants failed to establish that any of the decision makers involved in the process acted with a discriminatory purpose. McClesky is a notable case in several respects. First, it highlighted the integrated nature of the criminal justice system and how each component functions to reach a certain result. Second, it emphasized the debate on which actors in the justice system have the most power and what role that power plays in reaching the result. Third, the case also underscored the importance on prosecutors keeping records of their decisions at varying stages of the criminal justice process.
Introduction Two males, two rape crimes, yet two completely different types of punishment. Case One: Brock Turner is a 20 years old Caucasian male who was charged with rape of a female who was under the influence of alcohol in California. Case Two: Brian Banks, a black man, was also charged with rape who live in California. He was on the football team and had a full ride scholarship to college when he was charged the time of the crime. These two male have committed the same crimes, at two different time frame, yet one case gets a significantly longer sentence than the other.
When reviewing the issues associated with the criminal justice system in the United States, wrongful convictions are becoming a serious one that society as a whole needs to be aware of. While there are a countless factors that can contribute to a wrongful conviction, there are five distinct ones that are the leading causes in wrongful convictions: the adversarial process, Eyewitness identification, misconduct and errors regarding forensic evidence, interrogations and confessions, and jailhouse snitches/informants. In relation to wrongful convictions, the adversarial system places more emphasis on the process rather than truth finding, meaning an individual can usually only appeal if there is an issue regarding the process; if someone is wrongfully
When a person has been charged with a crime, it's after the police have conducted an investigation. There are many times when the investigation has caused the police to arrest the wrong individual. The accused has the right to have their own investigation conducted by professional detectives working for the defense. Defense attorneys can have their own in-house criminal defense investigator to find facts and evidence that will proclaim their clients' innocence. (-- removed HTML --) Associate Degree Criminal Justice (-- removed HTML --)