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Role of prosecutor in criminal justice system
Role of prosecutor in criminal justice system
Role of prosecutor in criminal justice system
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In criminal court the government is responsible for filing against a person who has committed a crime. This person is known as a defendant and the government must prove the defendant’s guilt “beyond a reasonable doubt.” Some crimes that a person can be charged with can include murder, assault, robbery, burglary, and DUI etc. The key players in the criminal court system are the U.S. Attorney, the grand jury, and the judge. The U.S. Attorney is known as the prosecutor who represents the United States in the trial. The grand jury is responsible for reviewing all evidence that is presented and to determine whether the defendant is guilty or not. The judge is responsible for making the final decision on the defendant’s punishment if they are found guilty by the grand jury. If the defendant is found guilty the punishment can include fines and some time in a county jail or prison.
In civil court a person or business is responsible for filing against another person due to a dispute between them. This person is known as the plaintiff and the defendant must prove their innocence by "the preponderance of the evidence." Some civil cases that a person can file for are divorce, child support, eviction, debts, or a car accident. The key players in the civil court system are the plaintiff, the defendant, and the judge. The
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The responsibility of the Supreme Court is to make a decision on important cases including ones that deal with statutory and constitutional law. They also provide consistency and clarity for laws for the lower courts. The final decision from the Supreme Court is also the last resort for someone wanting to appeal their conviction. A Supreme Court includes up to nine justices who make the final decision on the case. Once a justice is appointed they will remain in that position for life, unlike the other court systems where there is a variety of selection
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The criminal justice system in the United States is made up of three parts: the police, the courts and corrections (Drakeford, 2011). Each one of these parts works simultaneously together and the work of one influences the work on another. All three parts of the US system have been influenced and stem from English law. To start, the role of the police in the US criminal justice system consists of the collection of evidence, arresting offenders, giving testimony in court and performing investigations (victimsofcrime.org, 2008). Officers begin by creating a report with all the information they have gathered. An investigation of the crime then begins and the identification of the suspect is underway. Once the suspect is thought to be found, officers can issue a citation for him/her to appear in court. The case will just remain open if there was not enough evidence collected (victimsofcrime.org, 2008). Next is the role of the courts. The courts decisions are made by judges who also are the key factor in determining sentences and plea bargains. Once an offender is convicted, they are either sent to prison or jail. Prisons are typically for high crimes while jail is usually for those who have committed a lesser offense. It is the courts ...
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
The US Supreme Court was created in Article III of the Constitution and has the ultimate authority on the interpretation of constitutional law and is therefore deemed the highest court in the nation (USSC). The Supreme Court consists of a chief justice and eight associate justices who review cases from lower courts throughout the nation and rule on the constitutionality of the issues (Urofsky, 2001). The Supreme Court plays a large role in the American legal system because its rulings become law, affecting subsequent cases throughout the nation. During the late fifties and sixties, a time known as the Warren Court, the Supreme Court handed down multiple rulings that were controversial and especially impactful in the area of criminal investigations.
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
The federal government consist of three branches for each one has a specific role that protects and serves each person in the United States. The Constitution established these branches to enhance a stronger federal government as well as to make sure the states worked as one instead as individuals. The method in which it is used goes by Judicial, Legislative, and Executive, these branches go from creating the laws, to implementing laws, to finally interpreting the law. It became known as checks and balances, so that no branch would over power another. Once creating these boundaries, the government became more unified and therefore able to control the country much more formally through the courts. To see the beginning of the never ending, the
The prosecutor’s role within the criminal justice is meaningful. According to "The National Center for Victims of Crime" (2012), prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process from the first appearance of the accused in court is acquitted or sentenced. Prosecutors must determine if they should pursue a case or drop the charges based on evidence that law enforcement provides. It is their duty to present evidence in court, question witnesses, and decide if they should negotiate a plea bargain with the defendant ("The National Center for Victims of Crime,”2012). Prosecutors cannot allow their personal belief to interfere with the case. Their main objective is to seek justice.
The next component of the criminal justice system is the court. These courts are ran by judges that make sure the law is followed and oversees what happens in the courtroom. The courts are put in place so that the judges can decide whether to release offenders before the trial, except or reject plea agreements, or sentence convicted offenders (Hoffmann, 2011). The courts provide a set of guidelines that are used to resolve disputes and to test and enforce laws in a fair and rational
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.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.