These include cases of murder, rape and robbery as well as manslaughter. Cases can also include those â€˜either wayâ€™ offences that the magistrates court was not equipped to handle. Any appeals from the magistrates court also head up to the next level at the Crown Court. People who have also been accused of more serious offences are often sent to the Crown Court to receive their sentence after being convicted in the magistrates court. This is what many of us visualise when we think about a trial.
During this time, Mr. Burke is read his rights and is then taken to jail where he begins the booking process. “In criminal law, booking refers to the process by which the police department registers and enters charges against a person believed to have violated the law” ("Booking Law & Legal Definition"). Typically, the day after Mr. John Burke is booked he would have his first appearance/initial hearing. This step is where the defendant John Burke “learns more about his rights and the charges against him, arrangements are made for him to have an attorney, and the judge decides if the defendant will be held in prison or released until the trial” ("Initial Hearing / Arraignment"). Due to the severity of the crime John Burke is charged with, the judge decides to deny John Burke bail, and have him detained in the local jail.
If proper steps are not taken an individual can be wrongfully convicted due to cognitive biases, institutional pressures, and normative features of the criminal justice system. For this reason, it is extremely important to take many factors into account when analyzing a case from the moment the individual went in for questioning till the moment the case is closed. Rightful steps must be made so that the presenting cognitive and physical biases do not cloud the judgment of the prosecutors or judges. For this reason, it is imperative that the criminal justice system has a comprehensive understanding of how tunnel vision can affect the system as a whole regarding criminal case
In the event a person who truly is not a criminal gets sentenced to prison and learns to be a criminal while in prison. Are all of their crimes exonerated when they are freed from the original conviction or are they a slave to the situation they were placed in due to the courts wrongdoing? There is an unlimited amount of questions that can come from the wrongful convictions. The question posed should the state even compensate for those who were wrongfully convicted. The state did what they felt was best under the circumstances and evidence they had.
The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
In this case a complaint is registered by the police and for the purpose of initiating investigation, permission from court is awaited. Examples of non cognizable crimes: trespassing, cheating, forgery, physical abuse and criminal intimidation. 2. Cognizable Crime: A crime in which the police can make an arrest without a warrant and
In addition, this strong evidence should lead to greater formal charges in adult courts rather than juvenile courts. Adult courts offer better protection to the society and moreover, juvenile serious offenders are held accountable and responsible for their actions. Additionally, they argue that, if serious juvenile offenders with criminal history are sentenced there is the likelihood they will be a social
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
The law is becoming more flexible with criminals in a way that there is not enough punishment against them, with the exact punishment a criminal could understand about his mistakes. The law should be applied strict according to the grade of the crime a criminal commit, if the law continues with flexibility of punishment, criminals will commit crime since the moment they get out of jail. Some of the changes created for a more flexible way to evade punishment are the incorporation of rehabilitation for criminals, the creation of parole, the creation of probation, the use of “parens patriae”, the
Physical Evidence: Physical evidence (Real evidence) plays a significant role in identifying the criminal. The evidence/physical material such as blood stains, fingerprints and shoe mark etc collected at the crime scene to show the crime has been committed. The evidence obtained during the criminal investigation can be produced in the court and this is admissible in the court of law. Physical evidence can only be admissible, when it is shown that evidence is properly handled. However, if the chain of custody(careful documentation) is not maintained then it will be benefit to accused to say that evidence it is tampered ,so the investigator must follow the strict rules to ensure that evidence is not tampered.