...The Criminal Justice Process Edith Lewis Criminal Law & Procedure (BLJ1442A) Agustin Pena November 15, 2014 The Criminal Justice Process Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made. Each state has their own way of processing felony criminal charges in a state court. They have their own procedures and rules that describe the criminal justice process for their states. The first step in the criminal justice process is the investigation. Before an arrest can be made in a crime, a crime must be committed and reported so that an investigation can be initiated. The Criminal Justice Process, 2014 noted that, “During the investigation the investigating officer seeks to obtain a search warrant if there is enough evidence in a particular location” (The Criminal Justice Process, 2014). When the investigators submit the information to the judge, the judge decides if there is “probable cause” to issue a search warrant for...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...php/product/cjs-220-entire-course/ CJS 220 Attorney Client Confidentiality Write a 200- to 300-word response describing the concept of attorney–client confidentiality and its importance to the criminal justice system. Include a discussion of the major concerns involved in maintaining confidentiality. CJS 220 Capstone Capstone Discussion Question Post your response to the following: This course has taught the law as a “living body.” How do personalities, actions, trends, political correctness, and the moral aptitudes or ineptitudes of society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. CJS 220 Final 1 In this file of CJS 220 Final 1 you will find the next information: Write...
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...Appeals Process Paper Patricia Velez University Of Phoenix Punishment Philosophies An appeal is an application or request made by a losing party in a court case to a higher court seeking a reversal of a lower court’s ruling in the case. In trials by federal courts, the losing party is entitled to a chance to make a plea to the court of appeal, whereby either party may be against the decision in a civil case while only the defendant has the chance to make a petition whereby a criminal case is concerned. Most appeal cases are picked for a session of oral arguments by both parties before the court. This oral claim takes the form of a structured discussion conducted between appellate lawyers and judges of the court focusing on legal principles involved in the dispute. Ideally, both sides are allocated a small amount of time during which they present their opinions before the court. In most circumstances, appeals are final, and the decision made by the court of appeals ate taken as the final word except when it refers the case back to trial courts or whereby the Supreme Court is involved (Barendrecht, Bolt, & Hoon, 2010). Appeals factor in criminal procedures and overall trial processes in different ways depending on the structure and principals of the legal system involved. Ideally, the appeal process is upheld for its benefits for the conflicting parties, the system of public justice, as well as the future users of...
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...| APPEALS PROCESS | Describing the appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court...
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...John Sullivan CJS/220 Date: 1/24/2014 Assignment Week 9 Instructor: Deborah Difalco Appeals Process Paper In our criminal justice system we have many different kinds of processes. We can feel and see the frustration and drama that people suffer when they are associated with someone that is on trial or are part of the trial. “When finding of guilt in a trial court may raise legal issues that are reviewable by an appeals court.”( Meyer and Grant. 2003. Pp.465) An appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Merriam-Webster, 1996). Also one of their ways of putting the appeal is also a defendants way to be able to challenge and for them to re-look at the their court decision. In our criminal justice system it is extremely important for the existence of an appeal, the process is part of the system of checks and balances. When you think about an appeal you can consider it an advantage because it is the way that cases that have been charged and chose a sentence to be reviewed. It is the way where the person who acts in a crime will have their chance one more time to try to make changes regarding their official charge. The court will review the decision of the government officials, the executive branch and lower courts with the power of judicial review. “This power allows the U.S. Supreme Court and the supreme...
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...The criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have protections against abuse of investigatory and prosecution powers. (Legal definition, Jan. 2013) retrieved from http://en.wikipedia.org/wiki/criminal_justice_system. The process of criminal justice is initial contact when a police officer observes a criminal act by patrolling the streets or citizens notifying even a victim of investigation, arrest, custody, indictments, complaints, charging bail or detention, plea bargaining, adjudication deposition and post conviction remedies. Investigation is getting accurate and relevant facts or evidence to identify the offender/suspect. Investigation is when a crime is made and “evidence is gathered to follow up on an investigation” (Forensic Enterprise 2009, retrieved from http://www.feinc.net/sci-deschtm. it takes approx 2 to 3 hours a day to gather information for about 4 days. Investigation is part of the process so police can find the criminal. An arrest warrant is made when there are criminals at the scene of the crime. A police officer makes the arrest and reads the criminal their rights and they are incarcerated. When the criminal is incarcerated there is no freedom and the criminal is unable to perform normal activities. “confinement” (Legal explanation...
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...Appeals Process Paper When any defendant is found guilty, of any charge, is entitled to an appeal to at least one level of appellate court (Meyer, J & Grant, D. 2003). An appeal is when a defendant has already been found guilty in court, and they decide to take it to a higher court in order to change the ruling (Meyer, J & Grant, D. 2003). Basically it is a process that takes place, because the defendant and their attorney do not feel that the verdict given was accurate; and that could be due to many different reasons. Appeals ensure that there was a fair trial given and no rights were violated (Meyer, J & Grant, D. 2003). The appeal process begins very shortly after the trial, when the defense sends an appeal to the court. Appeals factor in to the overall criminal justice process, because in the end they can change laws or amendments. The Miranda rights are a great example of this. They came about after someone went back and challenged the court. It was then that the Miranda rights became part of the law and the criminal justice process. Just because a criminal goes to court and is decided guilty and is charged with whatever he/she was being charged with, does not mean that the process is over and he/she accepts the sentence and it is done. The defendant may decide something went wrong or he/she has a way of proving their innocence. Then they will submit an appeal and may end up getting out of the original sentence given. This completely changes up the criminal procedures...
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...Criminal Justice System Name: Course: Tutor: Date: Introduction The criminal justice process is entirely of the whole process of arresting and punishing criminals or law violators. This process involves a number of processes that are followed in ensuring that due process is followed. Additionally, this process ensures that there is protection of the innocents, criminals or law breakers are fairly or justly treated, and ensuring that justice is practiced by agencies of law enforcement that include corrections and courts. The major processes of criminal justice include; investigation, apprehend, pre-trial, trial, appeals, sentencing, and corrections. The entire process should be carried out justly in order to protect the rights of all people involved whether offenders or innocents. Investigation When it is clearly determined that a crime or an offence has been committed, investigation is done in order to ensure that relevant and accurate information is gathered enough to sue the suspect. Investigation is considered as the first step involved in the criminal justice process. During this process all information that are related to the crime are objectively scrutinized. Investigation in criminology is defined as a process of exploring, gathering, preparing, identifying, and presenting relevant information that help in determining and explaining what took place at the scene of a crime (Hess & Orthman, 2009). It is through investigation that the person...
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...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried, and...
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...Appeals Process Tammie Matthews CJS 220 October 12, 2012 Thomas Lawrence Appeals Process An appeal allows a defendant, found guilty in the lower court, the opportunity for review by an alternate court initialized by filing a claim stating that the trial court committed legal errors impacting the outcome of the case. Grounds for an appeal may include insufficient evidence, a violation of rights, or even possible mistakes made by the judge or the jury (Lawfirms.com, 2012). In order for an appeal to proceed, the appellate court must determine that the appellant (the party bringing the appeal) has the legal right to bring the case and whether the appellant has standing, meaning that the appellant has a legally recognizable interest in the case. The party opposing the appeal is called the appellee. Once the appellant files the notice of appeal to the court, both the appellant and appellee each file a brief which outlines the basic facts of the case, the argument made by the party filing the brief, and lists cases serving as supporting precedents (Meyer & Grant, 2003). Appeals are integral to criminal procedures and processes. Some types of appeals include the direct appeal, discretionary appeal, and interlocutory appeal (University of Phoenix, 2011). A direct appeal is filed when the consequences of errors are significant enough that the appellate courts are mandated to review them; such as a judge excluded evidence that may have helped the defendant...
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...Civil Court Structure European Court Of Justice European Court Of Justice Supreme Court Supreme Court Court of Appeal Court of Appeal High Court High Court County Court County Court Criminal Court Structure European Court Of Justice European Court Of Justice Supreme Court Supreme Court Court Of Appeal Court Of Appeal Crown Court Crown Court Magistrate Court Magistrate Court Youth Court Youth Court County Court is a small court and they deal with £5000 or less. Usually these cases relate to faulty goods/ service or landlord/ tenant disputes. To bring a case forward a claim form must be filled out and a fee is paid. These forms need to give full details about the claim. This process is completed by the plaintiff. This form is then sent to the defendant and they have 14 days to reply. The rest if the county court deals with low level civil matters. There are approximately 250 County Courts in England and wales, there are 7 in Northern Ireland. They deal with jurisdiction matters of tort, land matters and also trust. The county court sometimes deals with cases between £5000 and £15000, but they cases can be fast-tracked. The small claims courts is a process of arbitration. The County Court is a more formal process. High court is based in Royal Courts of Justice in London, these are the regional centres. The high Court is split into three different sections which are as follow; Queens Bench, Chancery and Family. This type...
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...The broad discretionary powers of the prosecutor affect the course and conclusion of criminal cases. “Let every person be subjected to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God” (Romans 13:1, English Standard Version). The high ethical standard makes it the duty of the prosecutor to disclose exculpatory evidence to the defense that proves the innocence of the defendant. A landmark case, the Supreme Court’s decision in Brady v. Maryland (1963) established the Brady Rule which would affect the outcomes of Giglio v. United States (1972) and United States v. Agurs (1976). Brady v. Maryland (1963) The argument presented before the Supreme Court by the petitioner John L. Brady was whether the government violated the petitioner’s due process rights by restricting his new trial to the question of punishment. The facts of the argument where based on the suppressed evidence by the prosecution in the Maryland murder trial against Brady. Donald Boblit, Brady’s companion in the commission of the crime, were prosecuted separately. Brady’s trial was...
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...Appeals Process Introduction to Criminal Courts System Jennifer Morris Instructor Beverlyn Jackson Student APPEALS PROCESS Within our courts system each person that is brought before a judge or a jury has the right to make an appeal for any sentence that has been given and the defendant does not agree with. An appeal is a proceeding in which a case is brought before a higher court after receiving a sentence from a lower court. This is done with the hope of showing the higher court the decision made in the lower court was wrong and should be overturn. Appealing a court decision is the right of each individual but lower court decision are upheld by the higher court and they will usually not hear and re rule on a decision a lower court has made. In order for a defendant to make the claim for an appeal they must show that the law in the original case was misapplied this could have be done substantively or procedurally. In making an appeal it has to done on the facts of the case and not on the basis that the evidence in the original case was insufficient to support an acquittal. The appeals process factor into our justice system though the helping of people who are later found innocence by new evidence being presented during the course of the appeal. The process also provides judicial oversight of the trail proceeding, it also provides precedent on any new areas of the law that will help guide lower courts into better decision making in many cases. With the appeals process...
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...| [pic] |College of Criminal Justice and Security | | |CJA/204 Version 2 | | |Introduction to Criminal Justice | Copyright © 2009 by University of Phoenix. All rights reserved. Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology and constitutional limitations of the system will also be covered. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending...
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