...Criminal Justice Process for a Felony Criminal Law & Procedure CRJ 306 February 11, 2013 Felonies are one of the worse crimes a criminal can commit. The worse punishment for a felony is death. Felonies range from murder, rape, assault, battery, larceny, robbery, arson, and burglary (Wallace & Roberson, 2012). When a criminal commits a felony there are always victims. The sentencing of someone that commits a felony is a daunting process from the police investigating of the crime, to the court hearings when the judge or the jury decided if the criminal was guilty or not guilty, then the sentencing process must take place. The whole process is a long and time consuming process. When someone is caught committing a felony there is an investigation by local law enforcement. The local law enforcement will start an investigation on the crime and start collecting evidence for the criminal’s court trial. Depending on the crime the crime there may need to be a search warrant for the local police officers can search either the premises or the criminal’s person. If the investigating team from the local law enforcement needs a search warrant the lead law enforcement officer will need to provide a judge with solid probable cause for investigating the premises or the criminal’s person. There is a time limit after offense is committed. Most federal crimes have a statute of limitations of five years from the date of the offense. Our book indicates that in most...
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...Criminal Justice Process 1 Criminal Justice Process Amber Parker Saint Leo University Criminal Justice Process 2 There are 16 processes in the Criminal Justices system. They are Intake ,First Appearance, Bail, Right To Counsel, Substance Abuse Evaluations, Pre-Indictment Events , Plea Bargains, Pretrial Intervention Program (P.T.I.), The Grand Jury, The Indictment Process, The Pre-Arraignment Conference and Arraignment, The Status and Pretrial Conferences, Trials, Presentence Investigations, Reports and Sentencing, Post-Conviction Motions, and the "TEAM" concept in Criminal Case Processing I will address a few of those process and how they work. The first process is the reporting of a crime and the arrest. The second process is Intake the Criminal Division of Superior Court manages criminal complaints from the time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an "indictment" by a panel of citizens gathered to consider evidence, called a "grand jury". Arrests can occur at the scene of a crime or based on warrants or sworn statements ordering a court appearance. All arrests must be based on "probable cause", or reasonable grounds...
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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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...reached an epidemic; the overwhelming amount of juvenile offenders ensures a booming corrections industry, unfortunately with those figures come racial and ethnic disparities. To completely understand why disparities are important, one must attempt to comprehend the base causes for the enormous amount of juvenile crime in the United States. Many developments within the criminal justice system have helped reduce the amount of racially induced arrests; however, nothing has been presented to reduce the root causes for the crime levels and the disparities that still exist. The following paper will discuss juvenile justice statistics, legislation of racial bias in the juvenile justice system, racial disparities, and root causes as well as possible solutions. Statistics To understand the evidence that is currently available, nationally, is very important when discussing disparities of a juvenile offender's race and ethnicity. The most recently available statistics are those of 2007 for juvenile offenders. First, one must understand that many cases of juvenile arrests are not reported to the Uniform Crime Report (UCR) of the Federal Bureau of Investigations due to a variety of state and federal limitations on juvenile information. In 2007 law enforcement agencies in the United States made an estimated 2.18 million arrests of persons under the age 18 (Puzzanchera, 2009). Out of approximately 14 million arrests made for all crimes and ages in 2007, statistics show that juvenile...
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...paper will analyze the current trends and the impact incarceration has on communities of color and how criminal justice policy and practice plays a role in this. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are black or Latino, though these two groups constitute only 25 percent of the national population. Some of the greatest racial disparities in rates of incarceration happen in states in which minorities are massed in urban areas, which tend to have both higher rates of crime and greater law enforcement activity. This paper will also discuss how these incarcerations affect the offenders, public safety, criminal policies and procedures. Racial Disparities in Corrections There are many factors regarding the disproportional rates of incarceration in communities of color. Data generated by the U.S. Department of Justice predicts that if current trends continue, one out of every three black males born today will go to prison in his lifetime, as well as one of every six Latino males. The rates of incarceration for women overall are lower than for men, but similar racial/ethnic disparities still apply. Some law makers are looking at ways to develop policies and practices to reduce insupportable racial disparities in the criminal justice system, it is essential to analyze the factors that have produced the increasing levels of incarceration...
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...Sentencing Process In 1998 the District of Columbia Sentencing and Criminal Code Revision Commission was charged with developing a comprehensive structured sentencing system for the District. The Commission concluded that the District could benefit from a comprehensive structured sentencing system. Next, the Commission embarks the difficult task of creating workable sentencing guidelines for felonies. As Washington, DC follows the lead of other jurisdictions as well as an earlier effort in the District, the Commission developed two grids: one for drug cases and one for all other cases in the direction of the dominant factors in sentencing: the offense of conviction and the criminal history of the offender. The Commission also established standards for departing from the recommended prison ranges in extraordinary cases, rules for imposing concurrent or consecutive sentences, along with adjustments and exceptions to sentencing. Together, the grids, standards, rules, adjustments and exceptions form the Voluntary Sentencing Guidelines for the District of Columbia. (ACS, 2012-pg.9) The procedures that must take place following the finding of guilt before a defendant is sentenced for a felony offense are as follow: Sentencing is where the judge imposes punishment after a finding of guilty that resulted from a trial, or entry of a plea of guilty or no contest by the defendant. The judge may order the Department of Corrections to prepare a pre-sentence investigation (PSI) report and...
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...Victims and Crime Evaluation Paper Criminal Law/CJA/354 An alarming amount of innocent people become victims of crime every year, and the victim’s rights are every bit as important as the offender’s rights. There are certain tendencies that appear within patterns of crime and victimization, such as adolescents are most likely to be victimized, men become crime victims more often than women, and African Americans experience more crime than other racial groups (Newmark, 2008). Victims of crime suffer from physical, emotional, psychological, and financial issues. Some of the issues victims of crime face are physical injury, fear for personal safety, medical expenses, counseling expenses, feelings of fear, grief, shame, and anger, and lost income. Victims of crime needing assistance may believe they are overlooked or even revictimized by the criminal justice system, a system that may appear to be more concerned with the criminal’s rights than with the needs and rights of the victim. This paper will address the role the prosecutor, defense attorney, criminal, and victim play within the criminal justice system and how victimization affects each. The Prosecutor The prosecutor plays a critical role in the criminal justice system and serves many functions throughout the criminal justice process. Some of these functions are as follows: * Investigating * Helping the police build a case against the person(s) * Bringing charges against a person(s) * Arranging...
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...A felony criminal charge is a crime, which originally involved confiscation of a convicted person’s property such as land. Felony includes quite a number of crimes such as battery, arson, burglary, aggravated assault illegal drugs and vandalism of federal property. A person who is convicted in any court for felony crime is called a felon. The criminal justice system is a series of institutions and practices within the government who are directed towards upholding social control, mitigation and deterring of criminal activities. The criminal justice institutions are also involved in sanctioning individuals who violate the laws as well as recommending rehabilitation of other convicted individuals. A certain procedure is applied when the criminal justice institutions are carrying out justice and fair ruling in felony crimes at the state and federal level. The entire criminal justice process for a felony crime involves a series of stages, which are closely linked and dependent. The first stage is usually investigation of the criminal while the last stage involves release of the felon after undergoing correctional supervision. Usually an accused individual is arrested after the necessary investigations have been carried out which will link the person to that particular crime. Arrests are usually carried out by police officers upon presentation of a warrant legalizing the arrest such that the suspect is held in custody awaiting the court hearings. The process of arrest require that...
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...Roles and Stages of the Criminal Justice System Marlena Moore AIU Online International Roles and Stages of the Criminal Justice System In my paper I will discuss and give an overview of the criminal justice system and the different roles the different officers of the courts play. And the different stages that a defendant goes thru and when the decision is made to arrest and take the individual to trial. And the different stages of the investigation and who is involved. Roles and Stages of the Criminal Justice System The different stages are the Pre-arrest investigation that’s the stage takes place after a report of a criminal activity has taken place. Before an arrest is made law enforcement investigate whether a crime has occurred. Once they get the information is gather then they making a decision about whether a crime committed and who needs to be arrested. Then you have the Arrest and that’s when the accused is taken into custody by law enforcement. And that can happen in two ways: 1) law enforcement arrives on the scene and decides that there is probable cause to make an arrest and the officer can take the person into custody immediately, 2) the officer makes an arrest because he has a warrant for the individual. Then you have the Initial Appearance that usually happens following the arrest, the accused must be brought before the court. The court will tell the accused the charges and advise them of their rights to counsel and the right to remain silent. Then...
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...CRIMINAL JUSTICE Name Institution Course Date Explain how the various aspects of criminal justice relate to one another through a discussion of the criminal justice process and agencies involved in this process. Be specific and use examples to illustrate your points. Criminal equity process differs from state to state, and the government criminal equity framework has its guidelines, techniques, and terms to portray the procedures' phases. Crime obviously, there has to be the person involved in committing the offence, and the criminal equity system starts with the commission of wrongdoing. For instance, theft happens when a man takes property from its owner with the purpose to deny the property's owner the right to have the property. (Smartt, 2010) People involved in the crime have to report the crime to the police. Investigation police are deeply involved in this stage. Search Warrant, if instigating officer’s trust there's proof of wrongdoing at a particular area, they may attempt to get a court order permitting them to seek the premises. Interrogation Law authorization officers can examine witnesses, and even question potential suspects, the length of their sacred rights are secured. After a criminal offence has been reported, the police officer has to conduct an investigation to determine whether the act was illegal or not illegal. (Sales, 2008) If the crime was illegal, an arrest warrant is commanded for the suspect to be arrest and taken to the crown prosecutor...
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...the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum penalty is 25 years in gaol but offender may not go to gaol, may receive a lesser penalty or be acquitted Assault and Battery Assault Definition: Assault is the threatening to do violence to someone...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. There is no single criminal justice system in the United States but rather many similar, individual systems. How the criminal justice system works in each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or military installation. Different jurisdictions have different laws, agencies, and ways of managing criminal justice processes. The main systems are State criminal justice systems handle crimes committed within their state boundaries and the federal criminal justice system handles crimes committed on federal property or in more than one state. Most criminal justice systems have five components-law enforcement, prosecution, defense attorneys, courts, and corrections, each playing a key role in the criminal justice process. Law enforcement officers take reports for crimes that happen in their areas. Officers investigate crimes and gather and protect evidence. Law enforcement officers may arrest offenders, give testimony during the court process, and conduct follow-up investigations if needed. Prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process-from the first appearance of the accused in court until the accused is acquitted or sentenced. Prosecutors review the evidence brought to them by law enforcement to...
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...Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime...
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...Introduction to Criminal Justice 100-105 Case Study Research Paper DRUG DISTRIBUTION March 09 2014 Introduction In today’s world many people are convicted for lots of different crimes and face the consequences for those crimes. For example, Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years. Also a person convicted of a first or second offense for the personal possession or use of a controlled substance must be placed on probation unless the person is also convicted of a violent offense. Incarceration may not be imposed as an initial condition of probation for a first offense. If a person convicted of a first offense is found to be in violation of probation or an act in violation of an order of the court related to drug treatment, the person may be incarcerated upon reinstatement of probation. Participation in an appropriate...
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