The main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future. Each one of these steps have a serious deciding elements in them that play a role in the prosecution of a criminal. As stated in the text book “no two cases are alike, and no two defendants are alike,” (Barkan, 17). Because of the uniqueness of each case and the people involved in it a system must be put in place to insure that at every stage of the criminal justice system there is a set of questions and decisions that are being made effectively and properly. This insures both fairness and structure to what is
In response to arraignment, the accused is expected to enter a plea. In the Lindberg Baby Case, throughout the arraignment the defendant was charged with kidnapping and murder. Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. In the last part of the adjudication process, the judge agrees on the ratio decidendi which is the ground or reason for a decision.
The justice system is constant work in progress as the system must change and evolve to meet the needs, demands and requirements of the times we live in. The justice system and its statutes sometimes struggle to keep up with the ever-changing world; thus making them lag behind. As stated, one of the core functions of the justice system is to provide intervention programs for those individuals who are deemed to be at risk. Intervention programs do exist but still the justice system is overburden with many criminal cases. The inability of justice programs to work as they are intended to is seen as one of the significant problems facing the justice system. Welsh and Harris (2013) seeks to explain the inability of the justice programs to not work in stating, “The problem is that many criminal justice interventions fall short of their goals because of poor planning, poor implementation, and poor evaluation. It is fair to say we have not yet discovered “what works” to reduce crime.” From this, it is clear that the development of interventions is not the issue and not the cause for them to not succeed in their mandates but the problem is within their planning.
The Process of the Criminal Justice System There is an order to the process of criminal justice. According to the Center for Victims of Crime (NCVC) (2012), the criminal judicial system is composed of law enforcement agencies, prosecutors, defense attorneys, the court system, and corrections. Law enforcement officers investigate crimes. Once law enforcement officers have conducted their investigations and have arrested the person they believe is the person that committed the crime, the process moves to the prosecution. A prosecutor gets assigned to the case, and the prosecutor 's office has the task of presenting evidence proving the guilt of the person arrested.
Sentencing for a crooked offenses can range from community service and probation, even leading up to the death penalty. There are things called the “three strikes” sentencing laws, state-specific guidelines, mandatory minimum sentences, etc... Sentencing in the court system takes place straight after the misdemeanors, convictions, or if the defendant pleads guilty (Find Law, 2016). If the criminal cases are more miscellaneous, such as involving serious felonies, the sentencing judge will require the defense, probation department, and the prosecutors input. The judge will consider multiple factors determining a criminals sentence. He will consider if the offender has any criminal history, if the offender was the main accessory (which is someone who assists the main person that commits the crime), if the offender appearance is displayed well (as if they show remorse or regret), if anyone was injured or the crime was particularly likely to result into injury , or if the offender was cruel to a victim, destructive, etc... Judges in most cases have a clear mindset when determining a proper sentence.
282) Since Texas has a process for criminal law, some steps are followed before a trail is declared. First, there is usually a person who commits a misdemeanor or felony, and law enforcement decides to charge the suspect with a crime. Once a charge has been filed against an individual then a grand jury will determine if there is sufficient evidence to hand down an indictment against a suspect. If there is, then usually the defendant goes to trial.
The court structure in the United States is comprised of a dual court system. The dual court system consists of “one system of state and local courts and another system of federal courts” (Bohm & Haley, 2011, p. 274). Although the system has a separate court system for state and federal court, they do connect in the United States Supreme Court. Each court has various levels of jurisdiction to hear and make decisions over cases (Bohm & Haley, 2011).
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly.
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings. Out of the three the courts are the most harmful to the criminal justice systems. Once the police have done their investigations and arrested all offenders involved it will be up to the court to decide whether the person is guilty or not. This is where the problem comes in.
This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
Violation of penal law, like murder or speeding, that is prosecuted by the state are known as criminal cases. If the lawbreaker is convicted, then they could possibly be charged with, either or both, a fine or imprisonment. Burden of proof is an important factor that differs between these types of cases. It is the duty and degree to which a party in a court
There are quite a few things I am not allowed to discuss, due to confidentiality, but the things that I can discuss are the observations of court hearings, pre-trials, and revocation hearings. I found it to be very interesting how the judge informs the offender of his or her rights under the United States Constitution before the offender states whether guilty or not and that if the offender pleads guilty that his or her rights are then taken and would rest in the federal courts hands. Usually when the offender pleads guilty, they are under oath, being recorded, and tend to get the lesser sentence, but that is not always the case. It just depends on the case and what all is involved as far as the crime committed and the offender’s history. If the offender pleads not guilty, then there will be a trial that forms on a later date.
In criminal cases, Pretrial release is where a defendant is released from jail while the criminal case is pending. The release usually begins with a bond (criminal-law.com). Pretrial procedures tend to follow the general pattern of civil cases, but with imperative modifications. The functions of the pretrial release decision by attaining defendants for trial which maintains the integrity of the judicial process, the protections of witnesses and victims, as well as the community from interference, threats, or dangers (americanbar.org). The most crucial crimes are felonies which, the punishment is imprisonment for at least a year, usually in a federal or a state penitentiary.