The Process of the Criminal Justice Process
The Process of the Criminal Justice Process
The topic that I chose to describe is the criminal justice process. The criminal justice process is described as a process that involves a series of steps beginning with the investigation of the crime and the arrest of the suspect. The next step following the investigation is the pretrial activities, which include the first appearance, a preliminary hearing, information or indictment, and arraignment. Following the pretrial activities, is adjudication, this is where there is a trial by jury. A trial is heard and settled by this judicial procedure. Following adjudication the sentence is given. Lastly, the corrections stage begins.
The first step, investigation and arrest, is very important. Since there is already a crime that has been commented, getting as much evidence at the scene of the crime is critical. At the crime scene is also where the brainstorming begins for the police officers and investigators. An arrest warrant can be granted by a judge and in that warrant it provides, “the legal basis for an apprehension by the police.” (Schmalleger, 2011, p.18) “A warrant is, a writ issued by a judicial officer to perform a specified act and affording the officer protection from damages if he or she performs it.” (Schmalleger, 2011, p.18) Arrest is a serious step in the criminal justice process because no police officer wants to arrest the wrong individual. During the arrest and before the questioning the defendants are advised of their constitutional rights.
These rights are known as Miranda Rights. Miranda Rights are a constitutional requirement, it protects the arrestee, and it also protects law enforcement and the prosecution from throwing out any evidence in the trial. After the arrest, suspects are placed in booking. Booking is described as, “A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority.” In booking suspects are usually advised of their rights once again and are asked to sign a form which acknowledges that the suspect has been advised of his or her rights and understands them.
The second step of the criminal justice process is pretrial activities. This is when the suspect makes his or her first appearance, in front of a judicial officer. The suspect will be aware of his or her charges, give rights again, and possible bail. Bail is, “the money or property pledged to the court or actually deposited with the court to affect the release of a person from legal custody.” (Schmalleger, 2011, p.18) Those who are not released on bail have to stay in jail and await the next stage of the process. If a defendant does not have a lawyer, a lawyer will be appointed to him or her, but the defendant has to show financial hardship. After the suspect has been either released on bond or not the defendant has to face a preliminary hearing. During this hearing, there has to be appropriate evidence to continue the criminal justice process. Probable cause comes into effect when, “(1) a crime is committed, and (2) the defendant committed it.” (Schmalleger, 2011, p.19)
The preliminary hearing is extremely important for the defense because it, “serves as a discovery function.” (Schmalleger, 2011, p.19) Depending upon the outcome of the preliminary hearing the prosecutor may seek to continue a case against the defendant by filing, “a formal written accusation submitted to a court by a prosecutor, alleging that a specified person committed a specified offense” (Schmalleger, 2011, p.19) Other states require an indictment , which is returned by a grand jury before prosecution can go forward. Information and indictment differ because the formal, written accusation is submitted to the court by a grand jury, in an indictment. The arraignment is, “the first appearance of the defendant before the court that has the authority to conduct a trial.” (Schmalleger, 2011, p.19) During the defendants arraignment they are again explained their rights and are asked to enter a plea. Usually a plea is guilty, not guilt, or no contest. If a judge feels if the defendant does not understand why he or she is being accused, made under coercion, or do not say anything then the judge will grant the defendant a not guilty plea. Each criminal defendant has a right to a trial by jury under the U.S. Constitution’s 6th Amendment.
Amongst most jurisdictions numerous criminal cases never come to trial. If the offense is less serious offense then the defendant can go before a judge, this is called a bench trial. If a jury cannot decide the facts of the case and the law the judge is said to be deadlocked. The judge rules it being a mistrial and the defendant may be tried again with a new jury. After the person has been convicted then it is up to a judge to make a ruling on his or her sentencing. Sentencing, which is the 4th step, can be a combination of the following punishments, supervised probation in the community, a fine, or a prison term. To help the judge make an appropriate judgment he or she will request the probation or parole officer, assigned to the defendant, to put together a presentence report. A presentence report can consist of the following: “information on the defendant’s family and business situation, emotional state, social background, and criminal history.” (Schmalleger, 2011, p.21)
Once an offender is found guilty of more than one charge he or she may be ordered to serve one sentence once another is completed, this is called consecutive sentence. If the judge orders concurrent sentencing, all of the time of the sentence will be all ran at the same time. If an appeal is requested after the sentencing has been ordered the process is very complex. After the sentencing has been ordered to the offender the correctional stage begins. Not all offenders end up in prison. Some may be ordered to community service as time on probation. If an offender fails to appear a visit with the probation officer or meet the requirements set by the judge, then probation can be revoked and the remainder of the time will be served in prison.
Only when a criminal has been through the criminal justice process and served out their punishment, the system’s process is complete and justice has been served. This also gives the ex- offender a second chance.
Schmalleger, F. 2011. Criminal justice today: An introductory text for the 21st century. Eleventh Edition, pp. 18,19, and 21
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 26 October 2016
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