The Criminal Justice System and Process Essay
The Criminal Justice System and Process
Mr. Blaine was under investigation for suspicion of stealing high-end electronics and computer equipment from his job; his boss contacted the police to conduct an investigation on Mr. Blaine to find out if he had stolen the electronics and computer equipment. Police offers come to the business conducted the investigation and collected evidence to build their case against Mr. Blaine, after gaining enough evidence to obtain a search warrant from the judge the police arrived at Mr. Blaine house to conduct a search of his house and found the electronics and computer equipment.
Mr. Blaine was arrested the process was conducted by the police, he didn’t try to resist arrest and he asked what he was being arrested for he was told for the stealing of high end electronics and computer equipment from his job he stated he was innocent and it the high end electronics and computer equipment belonged to him not to his job. Police officers let him he know he can explain the situation once is down at the police station and read his Miranda rights with his lawyer present.
Mr. Blaine was taking down to the station and his booking process started his pictures were taken, fingerprints were made, all his personal information was taken such as his address, date of birth, weight, eye color, hair color, if his has tattoos and where, race, height. Details of the charges his is charged with is recorded and an administrative recorded of the arrest is created. Now Mr. Blaine is advised of his rights and is asked to sign a form that has each right written on it. The form also has a statement acknowledging the advisement of rights and attesting the fact that Mr. Blaine understands them.
Mr. Blaine attends his arraignment two days later. The judge reads Mr. Blaine all the information his is being charged with. Mr. Blaine is given a copy of the charges that is brought up against him then again notified about his rights and asked to enter a plea of guilty, not guilty or no contest. Which may result in conviction but it cannot be used against him later on in a civil court proceeding. Mr. Blaine will also find out if he is eligible for bail or not.
Mr. Blaine preliminary hearing was conducted, the judge has to determine if there is probable cause to believe that a crime has been committed and that Mr. Blaine committed it, the prosecutor has an opportunity to test the strength of the evidence at his or her disposal. This hearing also always the defense counsel to assess the strength of the prosecution case. The defense also finds out what evidence will be presented against their client and if they will enter a plea bargain.
For Mr. Blaine trail the jury has to be picked once the jury is picked they have to be sworn in once they are sworn they will have a court date set for the trail to begin. The date of trail will begin with witness being called to take the stand for testimony if there are any they will be questioned by both the prosecutor and the defense counsel. The prosecutor and defense counsel will present their evidence to the court and the jury to establish the guilty and innocence for their case.
The Jury for the Mr. Blaine trail will deliberate on if he is innocent or guilty by going over all the testimony and evidence presented by the prosecutor and defense counsel each jury will vote either guilty or not guilty but it has to be an all or nothing verdict. If the jury needs to extension on their time to come up with a verdict they ask the judge for an extension. If the jury can’t come up with an agreement they will have to give a reason why there was a hung jury and they could not come up with a verdict for the case to be closed.
The Verdict for Mr. Blaine is made once the jury has come to an agreement on their decision for the case, but in some cases the verdict does not have to be unanimous for the convict to be found guilty or not guilty but if the jury has to be unanimous and cannot come up with a decision it will be the judge may suspect that some jurors are ill founded. Once the verdict is decide the jury will return to the courtroom and give it to court clerk.
The Sentencing for Mr. Blaine will be read by the judge once the verdict is read by the court clerk and the convict is found guilty of the crime he or she committed, the seriousness of the crime will determine the amount of time Mr. Blaine will be sentenced to serve in jail and if he will have the possibility of parole after serving a certain amount of time in prison and not getting in trouble while in prison.
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 26 September 2016
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