I think that the court systems should have a little more power when it comes to choosing due process or criminal control. If the person is a first time offender and it is a small crime then I think they should have the right to defend themselves. On the other hand if the person is being prosecuted for the second or more time for the same type of offense or if it was an offense that is very bad then I feel that they need to be punished for the crimes that they have committed. I do believe that there should be balance because not all court cases need to be dealt with to the extreme of punishments but then there are some cases and individuals that never seem to learn so they need to be dealt with in a different way to deter them and others from committing those same
The first step of the criminal justice system is the execution of a crime. A lot of variation can happen here, because some victims of crime do not report the crime immediately, or they do not realize they are a victim of crime until later. Also, some crimes may not have witnesses, which can lead to a crime not being reported as well. This is a great example to show why the discretionary model is so useful in the criminal justice system, because with so much variation in crime there needs to be a foundation laid down to guide the case in the right path. After the committing of a crime the law starts to get involved.
Plea bargaining- This is also called plea acceptance. It is the process where a defendant may plead guilty to a lesser offence in return for a more serious offence being dropped. This has the advantage of trying to avoid a long and expensive trail that may or may not produce a conviction. By accepting a guilty plea to a lesser charge, time and money could get saved by both the defence and the prosecution. 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.
Criminal Law: It is mostly statutory and it covers specific wrongs that are considered social evils and threats to a community. The state not the victim are the prosecutors also known as a plaintiff. There are three categories for the offenses. There are misdemeanors, Petty offenses, and Felonies. Misdemeanors are not major offenses but they are serious ones.
The reliability of official statistics, especially through documents based on police data, can be hindered by a number of limitations. As police data is one of the main sources of data looked at when studying statistics, the limitations revolve around the reporting and recording of the crimes. There are instances in which the official crime statistics do not reflect the precise crime rates. (Ross, 1999) Misrepresentation can be caused by a number of different factors. For starters, the victim has to recognise and report the crime to to police, however, in some instances may not due to not realising they’ve witnessed a criminal act, their involvement or relationship to those involved, or their uncertainty that the situation will be resolved by the police.
What Makes a Criminal Defense Lawyer Ideal for You? There are times when we commit faults consciously or unconsciously or other times we are at a certain place at the wrong time, and whichever the case, being on the wrong side of the law has its consequences. When you have been accused of doing something wrong, particularly when the matter has been presented to a court of law, you must seek the services of a lawyer. Criminal lawyers are necessary for your case and can help you in respect to your circumstance. They help the seemingly guilty to get a fair hearing and judgment that is as minimal as possible.
Although the courts have sometimes recognized a value in consistency,they have nevertheless made it clear that consistency is not a paramount constitutional value in structure of the criminal justice system.The law tolerates inconsistent verdicts.22 The Supreme Court has held that if a single fact finder, whether jury or judge, returns a verdict that is internally inconsistent, the conviction may stand.23 For example, the jury may acquit a defendant of a narcotics offense, but it may convict the defendant of using the telephone to commit that offense. The conviction is inconsistent with the acquittal but will stand despite that inconsistency. Similarly, if either a single fact finder or separate fact finders acquit one defendant of a crime
Criminals who have higher level crimes are less likely to be able to get their records expunged. Any prisoners who show true example of rehabilitation records should be expunged after their sentences and requirements of their release have been fulfilled . To begin with whether or not a record should be expunged we should first know what is is and the process of getting a record expunged. Expungement is the process of sealing arrest and conviction records. The process of filing for an expungement is not a long trial of courts and
For one thing, defendants that use plea bargaining can evade the expenses and the time of defending himself or herself at a trail, as well as get around risking a worse sentence and the bad exposure that could cause. In addition, the prosecution also saves time and money by avoiding a long, drawn out trial, and both of the sides do not have to stress about going to the trail. It does not matter which side instigates the plea bargain, whether it be the prosecutor or the defendant, but both sides to have to completely agree with each other before something occurs out of that plea bargain. Because of the circumstances, I believe that justice was served. The victims will be compensated for counseling based on what Fogle did, and Fogle will serve his
Hate incidents do not become hate crimes until they directly instigate perpetrators to commit violent acts against someone’s property, or when they physically injure the victim. That means that hateful speeches, or other disrespectful and unjust behavior that might have been motivated by bias, are not illegal. Although hate crimes and hate incidents are different they both need to be taken care of because they both create a community-wide disturbance. They should be dealt with by law enforcement and not taken into the hands of the community. When dealt with by law enforcement it helps stabilize the community some while also aiding in the victim or victims recovery process.
This process of simply choosing alternatives rather than keeping the patients incarcerated is effective. This also decreases the risk of dangerous occurrences happening to the public-- once these patients are finally allowed to return, of course, they are less likely to behave in ways that may harm themselves or someone else. In order to fully maximize the potential of the program, it is crucial that proper tests are administered to assure the patient’s true need for such programs. These tests should include morality tests, in which a simulated scenario allows their decisions to be projected for others to see. This would also defend this 3-step process against the idea that many criminals may plead mentally insane to avoid a more extensive punishment that they may actually deserve.
Flaws of the Crime Control Model In the Crime Control Model it seems as though any citizen can be a committer of crime and that individuals should be okay with being monitored because if you are not doing anything wrong then you wouldn’t mind more of a stronger police presence so that they can arrest, investigate, search, convict, seize, and arrest more individuals (Crime Facts 2015). This logic is fundamentally flawed and not what our founding father’s had intended when building the foundation of this country. To give those in power as well as the police force more control will lead to making more monsters in this world. The crime control model takes away a certain level of accountability for police officers such as the legal pathways they
A crime of aggravated assault should not be taken lightly in the state of Arizona. The punishment for such conviction is quite severe in most cases so you need a good defense lawyer by your side to make sure you get acquitted. If you find yourself charged with aggravated assault, then reading this article might help you in your case. Provided here are some information regarding the crime and a few pointers to help you get out of the mess. If you do not have a clear idea of what an aggravated assault is, then a definition is in order.
It is necessary for a prosecutor to have an assumption of guilt combined with the legal concept of innocent until proven guilty because it provides for a fair criminal trail and also moves cases forward.b Within the textbook the authors address within the criminal justice system regarding the crime control model there is the presumption of guilt and the presumption of innocence. According the textbook, presumption of guilt is when “ the defendants who are not screened out early in the process by police and prosecutors are probably guilty and therefore can be passed quickly through the remaining stages in the process.” Where as the presumption of innocence is “holds that defendants are to be treated as through their guilt is an open question until they have been adjudicated guilty” (Hemmens, Brody, & Spohn, 2013, p.14). These presumptions, especially in regards to the crime control model, are important and I agree with them because they move cases forward in a timely manner that is uniform and predictable. Also, using this process allows for efficiency that the innocent people are ruled out to give rise to the guilty