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Arguments for use of juries in court process
Importance of jury system
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Within the criminal justice system, there is a process to ensure that crime is controlled and ensure crimes committed are punished. An investigation is the first stage of the process. In many cases it is the investigation that leads to the arrest. In both cases there are different components in which are taken into place prior to the arrest. In the following case study “Officer Tim Bronson”, we will discuss the process from arrest leading to pretrial. Case Information In the following night of October 3rd, Officer Bronson was called to a burglary on 4321 West Jefferson. When an officer is dispatched they are presented with details presenting the following call. In this particular case, Officer Bronson received information pertaining to the alleged perpetrator, which was …show more content…
described as a, “Caucasian male, approximately twenty to twenty-five years of age with a light build, wearing a blue jeans and a white zipper up hoody jacket”. This information then led to the arrest of suspected burglar, which was identified as Carl Davidson. The process of arrest When a law enforcement officer takes the officer into custody, an arrest is originated. Before to the officer takes the suspect into custody they must have probable cause. This means that they have reasonable belief, that the suspect committed the crime based on facts. According to Dressler, & Michaels (2006), “assuming that a criminal investigation results in police determination that there is probable cause to believing that the suspect committed the crime, she may be arrested,”(p.17). Without having probable cause, it is difficult proving the guilt of the suspect for the crime and it is indeed a legal necessity for an arrest. Officer Bronson has probable cause on a couple different factors, number one that the suspect matches the description provided by dispatched and the second that Officer Bronson made contact with the young man he fled. These are a couple of things, which led to the arrest of the young man, Carl Davidson. Ultimately, when someone is arrested they are taken or restrained from their freedom, they are then to face the allege offense or crime. Process of Arraignment The next step in criminal procedure is the arraignment process.
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
evidence. Pre-trial The pre-trial procedure in a criminal case purpose is primarily trying to see if both parties can resolve case. This means both defendant and prosecutor come to an agreement, such as reasonable plea and in some cases, there is no form of agreement and therefore it goes to trial. In many cases it comes down to the severity of the crime. In addition to the severity, there are adittional
In order to understand how the criminal justice system will handle or process this crime it is imperative that one understands how the criminal justice system looks at procession of a controlled...
...a [Lecture]. SSCI 1000 Introduction to Criminal Justice. University of Ontario Institute of Technology. Retrieved November 18, 2013
Stohr, M. K, & P. Collins. (2009). Criminal Justice Management. Oxford, NY: Oxford University Press, Inc.
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2009). Criminal Procedure for the Criminal Justice Professional (10th ed.). Belmont, CA: Wadsworth, Cengage Learning.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
What is a case study? A case study is a process or record of research in which detailed consideration is given to the development of a particular person, group, or situation over a period of time. There is many different types of cases; rape, robbery, arson, kidnapping and finally murder. Case studies lead to trials;a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings. One famous case study that went to trial was Jodi Arias Trial. Her case was her getting convicted of brutally murdering her ex-boyfriend, Travis Alexander.
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
A plea bargain can be defined as, “a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or admission of other crimes. The judge must agree to the result of the plea bargain before accepting the plea. If he does not, then the bargain is cancelled.”
Lyman, D. Michael; Criminal Investigation, The Art and Science; 3rd edition, 2002 Prentice Hall. Pgs. 188-200.
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
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
...T., Reiner, R. (2012) ‘Policing the Police’ in The Official Handbook of Criminology. Ed. By Maguire, M., Morgan, R., Reiner, R. Oxford: Oxford University Press, 806- 838
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century