The Criminal Justice System

Published on March 2017 | Categories: Documents | Downloads: 89 | Comments: 0 | Views: 779
of x
Download PDF   Embed   Report

Comments

Content

Running head: The Criminal Justice System

1

The Criminal Justice System ShaRhonda Washington CJA/204 January 25, 2012 Ana Lalley

Running head: The Criminal Justice System

2

The Criminal Justice System The United States Criminal Justice System is the structural basis of Agencies and processes established by governments to control crime and impose penalties on those who violate laws. (National Center for Victims of Crime, 2009). It is made up of many components that work together to provide justice for criminals and victims of crimes, allowing violators who break the law to be prosecuted in a fair trial. Although a defendant who stands trial remains innocent until proven guilty, sometimes that theory is not always the case. Most U.S. Criminal Justice Systems operate through five major components—law enforcement, courts, and corrections, individually establishing an important role in the criminal justice process. Each component consists of a series of events in the criminal justice process. The process may vary according to the jurisdiction (city, county, state or federal), the severity of the crime (felony or misdemeanor) whether the accused is a juvenile or adult, and many other factors. Law enforcement officers enforce the law by investigating crimes reported in their local areas. Once a crime has been reported, it is immediately investigated to recover any possible evidence. The majority of the time an arrest is made. Once an arrest is made, the

Running head: The Criminal Justice System accuser is booked into the system, which consists of pictures taken, finger printing, personal information and, charges recorded.

3

After all of the offenders information has been processed into the system, the prosecutor will take into account of the evidence that was submitted by the police to determine if charges should be file. If any charges are filed, the accuser will be informed of the charges and his or her rights. Prosecutors aka states attorneys or district attorneys represent the state or federal government throughout the court process, from the first court appearance until the accused is acquitted or sentenced. At the first court appearance the judge will make a decision whether to retain the offender in custody, set a bond or “own recognizance” (OR). OR means the defendant promises to return to court for any required proceeding and the judge does not impose bail because the defendant appears not to be a flight risk (National Center for Crime Victims of Crime, 2009). In some states the defendant will go before a grand jury, in which that jury of citizens must hear the evidence presented by the prosecutor to decide if there is enough evidence to indict the accuser of the crime. In other states a preliminary hearing may be justified in which the judge will seek to determine if there is probable cause to believe that a crime has been committed and the defendant committed it. When the defendant is brought before the judge to be informed of the charges and his or her rights this process is called the

Running head: The Criminal Justice System arraignment. The defendant can plead guilty, not guilty, or no contest.

4

In the event the defendant pleads guilty or no contest, there will not be a trial held and the offender is sentenced immediately or later. If the defendant pleads not guilty, a date is set for trial. If a plea agreement is negotiated, no trial is held (National Center for Victims of Crime, 2009). In most jurisdictions, many criminal cases never come to trial because of the fact majority of the cases are “pleaded out” as a result of a bargained plea or dismissed for a variety of reasons. Most offenders may plead guilty to a charge in return for a lighter sentence. Others rather not risk the chance of losing at trial which could result to a maximum sentence in prison. The downside of pleading out, the offender becomes a convicted felon. After the defendant has pleaded guilty, the last step during the criminal justice process is sentencing. When sentencing, the judge must take into consideration a realm of things to make a rational decision, depending on the crime. These choices include fines (paid to the court), restitution (paying the victim for costs related to crime), probation, jail or prison, or the death penalty. In some cases if the defendant does not agree with the sentence, he or she can appeal the case, seeking either a new trial or to overturn or change the sentence. Not everyone who is convicted of a crime is sent to prison. A large amount of convicted offenders are placed on probation and that may

Running head: The Criminal Justice System happen due to several reasons. These reasons pertain to how petty of a crime it is, violent vs. nonviolent as well as prisons are continuously over crowded. Whenever a law is broken, a crime is committed. Any kind of conduct that violates the laws of the land whether state, federal government, or a local jurisdiction or excuse is a crime. Laws were created to maintain justice for all. When I think about the government structure and how it relates to criminal justice, I reflect back to where it all began. Under the U.S. Constitution government structure is formed by three branches of government—the legislative, executive

5

and, judiciary branch. These three branches were formed to guarantee the separation of power, to ensure that the power amongst each branch were equal. Legislators create laws. For both state and federal criminal agencies, the legislators provide the funding, define what a crime is as well as create resolutions to sentencing. The judiciary branch interprets the law, meaning they access the choices of the legislative branch to ensure those choices fall within the proper guidelines of state and federal laws, and especially the U.S. Constitution. Lastly, the executive branch enforces the law. The President of the United States, state governors, and mayors are given executive power. The executive branch as it applies to criminal justice; these members have the power

Running head: The Criminal Justice System to appoint judges, higher ranking public officials such as police commissioner, and wardens of prisons. The Criminal Justice System is made up of many components, which consist of many processes. Each process is determined by a case by case situation. There are multiple entities of the criminal justice system. Unless one has experienced it personally for themselves, avoid anything that you think is considered a crime, you will save yourself a lot of heartache and pain.

6

Running head: The Criminal Justice System

7

References

The National Center for Victims of Crime. August 2009

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close