The first stage of the judicial process is a person has to commit a crime or be suspected of committing a crime. This is any violation of the law. There are crimes such as a ticket violation that do not require an arrest, but a person will just get a warning or a fine. After a crime is committed or suspected of committing a police officer will make an arrest. Arrest is physically taking someone into custody who was suspected of committing a crime. (Fradella & Neubauer, 2011). They will go through the process of being booked. Fingerprints will be taken and their photograph will be captured to place on file. This is an important part of the judicial process, because police have to make sure they follow every rule, or a case can be dismissed because …show more content…
This is the arraignment process. “Some states require arraignments in all felony and misdemeanor cases – any case in which the defendant faces possible incarceration, whether in jail or prison. Some states require arraignments only in felony cases” (Baldwin, 2016). This is done through an information or an indictment. The defendant is also informed of the specifics in the process and the criminal actions. The defendant must enter a plea, which usually means stating guilty or not guilty. Typically, defendants plead not guilty and a trial date is established (Fradella & Neubauer). The arraignment pretty much means that the defendant, more than likely, is …show more content…
The appellant or the losing side of the case puts in a notice of appeal. This is the request to review a case. The appellate court must hear the case but they can decide to accept it or reject the appeal. The case it brought up again and the Appellate court can decide to affirm it, which is agreeing with the lower court decision, they can remand it, which means to send it back to the lower court to relook at specific issues, or it can be reversed, which means the lower court’s decision is set aside and further proceedings are held (Fradella & Neubauer, 2011). If the case is appealed and is heard by the U.S. Supreme Court, then they have to take whatever sentence they get. They cannot appeal it again. This the final part of the process. Whatever is deliberated here is what
(7) Right to appellate review: The Supreme Court did not rule regarding appeal since their ruling was this case was to be remanded back to the lower courts.
Siegel, L., & Worrall, J. (2017). Pretrial and Trial Procedures. In Introduction to Criminal Justice (15th ed., pp. 389-395). Wadsworth Pub
The first step is the simplest: find out the bail. Whether or not a bail is set will depend, in part, on the charges. Sometimes bail is a standard amount and you will be told the amount within a few hours. Other times, bail is set before a judge. This often happens for more serious felonies or when the judge is worried that you might be a flight risk. For most people, this initial appearance occurs within 24 hours of the arrest, though sometimes there can be a delay of several days due to a holiday or a busy court schedule.
Next, comes prosecution of the defendant by the state attorney, then incitement, the filing of information by prosecution to decide whether to proceed to trial. Followed by arraignment, which is the plea of guilty or not guilty, pretrial detention, plea bargaining, trial, and sentencing (Process of Criminal Justice). For O. J. Simpson, this process started with the investigation of the murders of Nicole Brown Simpson and Ronald Goldman. The same day the bodies were discovered, Simpson flew back from Chicago to Los Angeles. Upon his arrival, authorities took him into custody and began their questioning.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
According to Kuckes (2006),“Arraignment is simply an initial court appearance typically limited to such preliminary matters as informing the defendant of the charges and of his rights, determining whether counsel should be appointed, or determining how the defendant will plead,”(p.23). As it is the suspect first time appearance, defendant will officially enter a plea. It is during the arraignment where the judge will allow for the defendant to accept a plea and a lawyer will be appointment if the defendant does not have one. They first plea that can be entered, is the guilty plea. When a defendant submits the guilty plea, they are confessing they are guilty of committing the crime and the judge will then sentence them. Second plea that can be entered is the not guilty plea. In the following plea the defendant is denying guilt and therefore the case will be sent to next stage in the criminal process, pre-trial or a disposition. Lastly, the other plea a defendant can enter is a no contest plea, a plea of no contest the defendant does not admit guilt, but acknowledges that the government can prove that there is evidentiary
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
Once the youth has committed an offense and is caught by a law enforcement officer, they are detained. Depending on the offense committed, the child will either be released to their parents or held in a detention center until further notice. If the child is housed in the center, within 24hrs they will be given a date and time for a detention hearing. At the detention hearing, the judge reviews the case and decides if the juvenile will be released. If the judge decides that the child should remain detained, he/she will remain in the Metro-Regional Youth Detention center for 21 days. While detained the assistant attorney is responsible for reviewing the case and evidence to see which charge will be placed on the juvenile. This process is called intake. After intake, the arraignment process takes place in which the defendant will plea guilt, not-guilty, or no consent. Once the plea has been made, it is up to the judge to decide what to do with the juvenile.
After the criminal charges have been given to the prosecutor they will then decide what charges will be given for what the evidence provides. The next step is a preliminary hearing, the U.S constitution states that before a trial can take place the government must first prove probable cause (Fagin, 2014). The fifth step of the process is an arraignment this is before a trial, the individual will be brought in (arraigned) this is where the charges will be presented to the person charged. After that a person will be granted or not granted bail, which is a money bond to ensure the return of the individual for their sentencing. If a person cannot afford bail they will be housed in the facility. The seventh phase is a plea bargain, this is where the defense and the prosecution come up with some sort of charges for the individual’s guilty plea. Next, a trial or adjudication will take place if an agreement cannot be met or if the prosecution does not wish to negotiate a plea agreement. Ninth the sentencing takes place this is where the criminal will be given the consequences to his actions. They include fines, jail time, probation, community service or other punishments. After that a person has a right to appeal the
g. Signature bonds allow release based on the defendants written promise to appear, and involve no assessment of the offender’s dangerousness or likelihood to return. • Grand Jury is used by the Federal government and about half of the states • Preliminary Hearing are used by states that do not use a grand jury • Arraignment and Plea happens once the indictment has been returned or an information has been
There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is sometimes involved or by firearm, the other way is constructive which means when an individual's corporates with the officer peacefully. It is known that if neither of these exists the arrest isn't valid (Del Carmen). Another element of arrest is the intention to arrest. The intention to arrest clear means that the law enforcement officer has the intention to arrest individuals by words of mouth or with action taking place. Without the intentions to arrest on the scene it would also be considered invalid (Wadia Whalen). Also with the intention to arrest once words and action are taken place, the officer has to take the person down to the police station or before a judicial officer. The intention to arrest is quite hard to prove because it's whatsit in the officer mind. The other element listed above that is
Once an incident has occurred it is first handled by law enforcement agents, a citation may given, an arrest may be made or “the police may simply warn the child and parents” (“Juvenile Probation Department”). If an arrest is made the juvenile is taken into what they call intake. If the case is to be filed in court, intake makes a decision on whether or not the juvenile will stay in custody or be released for the time being. For those that have pending charges, a juvenile probation officer is then assigned to over look the case and come up with an “detailed assessment of the child’s behavior, home, school and social relationships”(“ Juvenile Probation Department”). The probation officer’s social history report helps “assist the judge in deciding on a plan for the child’s future” (“Juvenile Probation Department”). That plan includes a type of punishment such as: probation, detention, or placement. In the end however, the judge has the final say so on what should happened to the
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
This essay will define the role of the courts system provide some history of the courts highlight the various types of courts.with outline of civil and criminal courts and supreme courts. Pages to follow will establish the jurisdiction and hierarchy. Evalutate the advantages and disadvantages of using The jury system. With final piece to provide a conclusion
be the stage in the process where the defendant has his or her day in