Crime is a serious problem worldwide that affects many societies. Because of this issue, we have had to come up with a complex set of laws procedures for dealing with those accused of breaking the law. I will attempt to explain the criminal justice process and the different avenues the process can take.
When crimes do occur in the United States this is only the start of the criminal process. First a crime must committed or believed to be committed. Usually some one will call 911, 311, or flag down an officer or perhaps the officer will witness the crime him or herself. Some time criminals are caught in the act or apprehended some later. The choice to commit crime is up to each of us and is really the start of the entire process. Every thing that comes after is just a response to this act.
The next step after apprehending a suspect is to read this person their Miranda rights. This is very important as a suspect could be set, free later on at trial if this does not happen. Law Enforcment officers at any level must verbally inform an individual of their rights. These are the right to remain silent, warning that any answers can be used in a court of law, and the right to an attorney. This is a good thing because the person under arrest may not understand the right afforded to them and unfairly incriminate them self. These right are mainly the consequence of the U.S supreme court ruling in the case of Miranda vs Arizona. (Miranda v. Arizona (1966),This law was not universally accepted. Many police officers hated it. Ever since the Wickersham commission it was public knowledge that police used violence to coerce confessions. The courts understood police abuse of rights was not an isolated thing. Congress disliked the law and passed a law in 1968 to overrule it, 18 U.S.C.A. § 3501 (1985) No attorney generals enforced the provision and considered it unconstitutional. The Supreme Court later on rewrote the ruling to make it constitutionally sound. A Person under arrest can waive their rights and any thing said after rights have been read can be used. A public safety exemption allows officers to take statements without Miranda warnings when police do not have time to give them because of public safety concerns. (Miranda v. Arizona. (2002). Police may still ask basic questions such as name, age, date of birth and place of residence.
From what I understand in some jurisdictions, you also have the right to make a phone call. This does vary by different states and some only allow you to call a lawyer, arrange for bail, or call a family member or friend to help make those arrangements. Usually you are allowed to make a call after you are booked. (http://criminal.findlaw.com/criminal-procedure/chronology 2012-12-17)
At the scene of the crime, police take reports from relevant witnesses. They will also secure the area to make sure no one tampers with evidence. Police will have a coroner or forensics experts as needed. Evidence such as blood samples, hair, fibers, bodily fluids, photographs, and other relevant information will be collected. This is who turns over evidence to a prosecutor who must decide whether there is enough evidence to prosecute or not. Criminal Justice.(2002).
The 14th amendment deals with due process. This says every citizen must have equal protection and no one should get special treatment. This is a way of making sure a person’s statue does not affect the justice system. Prosecutors want to presents a case they have a chance to win. It is important that a defendant be treated fairly as it must all stand up to scrutiny from a jury. Not to mention the defense will be looking at how the evidence was gathered and the over all handling of the case. Criminal Justice. (2002). The offender is removed out of lock up to go before a judge or a magistrate this is usually done in a timely manner. During this very first appearance, the person is told of all the felony charges that are being brought against them. The judge at this appearance decides if the person’s further incarceration is warranted. The judge informs the offender what their constitutional rights are. Then they are told that they will need an attorney if they do not have one, or can not afford one a public defender may be assigned to them or they may use a private attorney paid for by the tax payers so the offender does not pay an attorney fee. Criminal Justice,(2002).It is also a good thing that the court recognizes a defendant’s need for proper representation. No one would think it was fair if the person could not represent himself or herself and many would think they were being railroaded. After this a second hearing may occur, during the second hearing the judge is considers if the case is within the jurisdiction of their court. During this hearing, it is decided if the offender can obtain bail or pretrial release. The reason bail is given is that it offers a type of control over the offender as the offender pays a certain amount of money to be released, the court holds the money as an incentive for the offender to appear at later scheduled court appearances. Criminal Justice,(2002). Bail is not offered in all cases. For crimes that are more violent bail is usually higher. In some cases, it is not offered at all. Things like community ties, whether they are more likely to commit crimes while out on bail and property interest all play a role in deciding bail. The eight amendment requires bail not be excessive and fit the crime. Some one seeking bail for a misdemeanor should not have to pay the same amount as some one seeking it for murder. Criminal Justice,(2002).
The next thing that takes place is the prosecution presents the case to the grand jury. The grand jury is made up of regular people. They hear cases that are brought by law enforcement and, presented through a prosecutor. The grand jury decides if there is probable cause for a trial to continue. The offender does not have to be present at the grand jury hearing. Criminal Justice,(2002). The defendant and attorney do not have any right to be present during the grand jury trial. If the jury fined the evidence sufficient, the person is indicted. The grand jury supervisor files trial information and the trial may proceed. Defendants can skip grand juries and go directly to trial. However this is rare as they would be missing the chance to get the trial thrown out by the grand jury. Criminal Justice,(2002).There are a number of reasons that a trial may be thrown out According to Competency to Stand Trial. (2004). “A defendant can be found incompetent to stand trial, under provisions in criminal law, if he or she is unable to understand or participate adequately in his or her defense. If the defendant is incompetent, further the competency standard that is currently recognized by the courts was established in Dusky v. United States (362 U.S. 402, 1960). This holds the defendants must be able to consult with an attorney and have rational and factual understanding of the proceedings. Competency to Stand Trial.(2004).
The defendant must then go in front of the judge again for arraignment. The defendant gets to enter a plea or guilty or not guilty. If the defendant pleads not guilt then the case is sent to trial. Plea bargains may be discussed with the prosecution at this point. Basically the defendant admits guilt and the prosecutor offers them a lesser charge for this. These deals can lead to no time being served. In felony cases, this is unlikely. Prosecutors may offer lesser time for information on crimes committed by other defendants. Criminal Justice,(2002). Plea bargains save the public money and helps prosecutors move on to other cases faster. This is good as there is always a backlog of cases.It is up to a defendant to decide which way they will be tried. A defendant can either choose to be tried by a jury of peers or they can decide to have what is a bench trial. What this means is that the defendant can choose to be tried by the judge, where no jury of their peers is present. Criminal Justice,(2002). Both types have their pros and cons. A judge is more knowledgeable about the law and may focus more on the law rather than emotions. The again there is a chance a group of people may not come to the same conclusion.
When the trial begins, the prosecutor has the burden to prove the case beyond a reasonable doubt. When the case goes to jury, the prosecutor should have proven everything they claim. During the trial, it is the prosecutor that starts the presentation of facts and argument. If a defendant’s attorneys feels the prosecutor did not prove their case beyond a reasonable doubt the defense can rest without ever putting on a single witness. When the prosecution puts on witnesses, the defense has a chance to cross-examine each of these witnesses. Once each side has presented its case next comes the closing arguments. When a person is found innocent or guilty, the sentencing happens at a later date. For some crimes, mandatory sentencing may come into play, especially for serious felonies. According to The Rights of the Accused following Trial,(1999). All states and the federal government provide opportunity to appeal criminal convictions. Surprisingly there is no constitutional right to appeal a criminal conviction. The right is given by statute, which means legislature may actually remove this privilege. Legislature gives defendants entitlement to information necessary to appeal. Information of the trial and instruction on how to appeal ,such as transcripts of the trial and how to file an appeal with the right court. The Rights of the Accused following Trial.(1999).
After a person’s conviction the grand jury can look at the evidence one more, time to see if all of the proceeding were correct. After being found guilty on a felony and sentenced to many years an offender is sent to federal prison where they serve time until release. During this time their lawyers can figure out other reasons for which they may attain appeal. The criminal justice system in the United States is one of the best in the world in terms of fairness.
This is my explanation of the criminal justice system and the many different avenues defendants must go through and what protections they are given. The United States constitution says defendants should be treated fairly. For the most part I think many people are treated fairly. Unfortunately, we still have a ways to go. I do have some issues with the criminal justice system. I had the pleasure to work with an off duty police officer named victor swasso who I have asked many question concerning police work and the criminal justice system. He explained to me some problems with the justice system. First plea bargains do not always work out well for the defendant. These may be pushed by the defense which could have won the case if went further. These people may not understand the problems that can come with having crimes on their record. Juries do not always have people of your peers on them. Police may take advantage of mentally challenged people or obtain evidence without warrants. It is not unheard of for police to plant evidence. Victor told me of times were police used drugs or commited crimes themselves. There are some cases were officers did searches of vehicles or people persons without warrants of the person, permission. The problem is many people do not know their actual rights.
Crime is a serious problem worldwide that affects many societies. Because of this issue we have had to come up with a complex set of laws and procedures for dealing with of breaking our laws. Our laws do not fully protection from abuses of power coming form those in law Enforcment. However, things are getting better and perhaps we can get to that point working towards that goal.

REFERENCE PAGE

http://criminal.findlaw.com/criminal-procedure/chronology-the-arrest-process.html
Miranda v. Arizona. (2002). In World of Criminal Justice, Gale. Retrieved from http://www.credoreference.com/entry/worldcrims/miranda_v_arizona

Competency to Stand Trial. (2004). In The Concise Corsini Encyclopedia of Psychology and Behavioral Science. Retrieved from http://www.credoreference.com/entry/wileypsych/competency_to_stand_trial
Criminal Justice. (2002). In World of Criminal Justice, Gale. Retrieved from http://www.credoreference.com/entry/wor
Miranda Rights. (2010). In Culture Wars: An Encyclopedia of Issues, Viewpoints, and Voices. Retrieved from http://www.credoreference.com/entry/sharpecw/miranda_rights
The Rights of the Accused following Trial. (1999). In Great American Court Cases, Gale. Retrieved from http://www.credoreference.com/entry/greatcourts/the_rights_of_the_accused_following_trial
Wallace, H. & Roberson, C. (2012). Principles of criminal law (5th Ed.). Boston, MA: Pearson Allyn & Bacon.