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Different aspects of criminal justice
Describe the role of a court system
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Both the federal government and states have authority to prosecute for criminal behavior in the United States. Each has their own criminal statutes, court systems, prosecutors, and police agencies to help deter crime. These criminal statutes control how suspects are investigated charged and tried. The court system institutes rules and policies that consist of their own structures and procedures within each state. Prosecutors are the most powerful and influential representatives of the court system. Sometimes a case can begin in a lower court then work its way up to a higher court depending on the crime. The law enforcers are made up of small town police officials and go all the way up to large federal agencies.
Crimes that are often
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The police conduct a preliminary investigation then later conduct a secondary or follow up investigation. The primary goal of the preliminary investigation is to secure the crime scene to protect the integrity of the evidence. The follow-up investigation is when they thoroughly collect, preserve and relinquish the evidence to the evidence tech in the lab with a chain of custody form.
The manner in which each stage of the criminal justice process helps to build a successfully litigated action is to “develop legally admissible evidence to obtain and sustain a conviction of those who are guilty and warrant prosecution” (americanbar.org). This will enable the prosecutor to make a fair and objective determination of the charges and to shield against the prosecution of the innocent. The process starts with a crime, then an investigation, an arrest, and then a booking occurs. After a suspect is formally charged they make an initial appearance before a judge in which the suspect is notified of the charges brought against them. Next would be a preliminary hearing, an arraignment, a trial and if the defendant is found guilty then the next step is sentencing. There is a right to appeal that may be allowed and then, once the sentence is passed, the defendant starts the corrections/sanctions imposed by the court. Once a sentence has been fully served, the person is released; this is the final stage of the criminal justice process.
They are responsible for finding and capturing individuals who break the laws set by local, state, and federal government. Law enforcement is at the forefront of the entire criminal justice system. They enforce the law, investigate crimes, prevent crime, and ensure public safety. Uniformed officers and detectives must appear in the court system to testify, then prove the individual guilty of the crime he was arrested for. The second component of the criminal justice system is the court system.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
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.
The criminal justice process and the criminal court system go hand in hand. The criminal justice process is a sequence of events that a person who is accused of a felony will progress through. This process varies from state to state or jurisdiction and varies according to the seriousness of a crime or whether the accused is a juvenile or an adult. Generally, the criminal justice process involves several specific stages; however, not every case will include each stage or even follow a certain sequence. According to Matthew Lippman’s Essential Criminal Law (2014), these stages include:
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
The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans. Ever since the creation of the Bill of Rights, there has been a constant need for change laws and procedures in order to accommodate for rights given to each citizen. In this paper, the analysis of the affect of the Bill of Rights will be analyzed as well as the reasons for increased incarceration rates and the issue of plea bargaining.
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
The criminal justice policy process is a process which involves a series of step, which begins with the criminal investigation and ends with the release of the convicted person under correct supervision.
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
After closing statement the judge will directs the jury on those important legal documents to decided including results the jury will need to make instructions to arrive at a conclusion. The judge also describes important belief such as "guilt beyond a reasonable doubt, the judge will explain to the jury to consider the evidence presented at
of school suspensions in its schools.” Much attention is needed to our youth population. In addition, it is a vulnerable population, and need the support and guidance that it deserve. We as social workers, need to advocate for more programs to be placed in the school system, i.e, Mentoring and Support programs, programs in the community, and etc. My focus will be on developing Mentoring and Support programs, within all of Miami, Florida’s school systems.
A system where victims are referred that will assess their role, treatment and value is the Criminal Justice System. In this system, the treatment of victims by law enforcement continues to raise questions about the rights and freedoms of the victim. Although victims are the main part of the crime that was committed in this system, they tend to continually be overlooked throughout the criminal justice proceedings. This will be illustrated through various explanations by law enforcement officers, criminologists, and research articles and you will read how the criminal justice system fails to acknowledge and give rights to victims that should be given based off the Crime Victims’ Rights Act of 2004. You will find out how victims are treated,
When there is a criminal case, are a set of guidelines a criminal investigator should follow when conducting a preliminary inquiry. These guidelines consist of arriving to a crime scene in a timely manner just in case the suspect may still be at or near the scene (Hess, K.M & Orthmann, C.H., 2013). They will need to take care of any injured person or people that may need emergency care. Check to see if there are any witness seen what had happen. Make sure the crime scene is safe and secured. Once the crime scene became secured that will be the time to start questioning the victims, witness and or the suspects. This would also be the time for some officers to conduct a neighborhood canvass (Hess, K.M & Orthmann, C.H., 2013). Measuring, taking photograph, videotape and sketching the scene just in case the weather is bad that day. Search for evidence,
The three major levels of law enforcement are state, federal, and local. Each agency has its own purpose of enforcement in the United States of America. The federal government has a large range of agencies. They all maintain public order and law that are related to the whole entrie country. There are many different departments under the federal government; the best known one being the Federal Bureau of Investigation (FBI). State government has agencies that deal with the state itself. The main agency is the state police which deals with investigations and patrol. Local government is associated with the county or region of a state. Some examples are the sheriff's office and probation. We have so many agencies so crime can be more under control
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers