...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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...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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...The Criminal Justice Process Katelyn Farlow CRJ 306 Criminal Law & Procedure Instructor: Robert Schneider June 2, 2014 The criminal justice process is made up of many steps and procedures; however they are made up of many stages. These stages break up the process in order to make sure no steps are missed before the final decision has been reached. It all starts with an arrest, then bail must be determined, pleas entered, hearings scheduled, and motions heard. “In addition to the law enforcement officers who investigate and arrest, several other parties participate in this process. They include prosecutors, defense attorneys, witnesses, judges, and juries” (Wright, 2013). Let’s take a look from beginning to end. First and foremost there is an investigation by law enforcement officers. The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest. An officer tried to gain enough evidence to get a probable cause. A probable cause is the standard of proof required for a search. “Probable cause is sufficient proof that would lead a reasonable person to believe a person has committed a crime” (Wright, 2013). Probably cause deals with crimes that have already been committed and that there is evidence pointing to a certain person. Probable cause allows for search warrants to be issued and suspects to be detained. If there is no probable cause or a crime that has already occurred an officer may act on reasonable suspicion. When...
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...Criminal Identification Procedures Fingerprint and palm print, Camera and wiretap surveillance Everything in life evolves and takes another form. Crime is no exception it does the same thing as well. Crime is changing in the modern world we live in today and criminals are more sophisticated and intelligent then before. The computer world has brought many technological advancements and even the criminal justice system have benefit from it. One of the most useful gifts that was given to the system was fingerprint and palm print. This advancement brought with it advantages and disadvantages. The effects of these advances on the constitution can be surprising. The advances also effect the efficiency of the criminal justice system from the perspective of crime control. These crucial findings can lead to recommendations concerning the use and reliance on these advances. Fingerprints From the womb to death, one thing that never changes is a person’s fingerprints. Fingerprinting identification in the criminal justice system has been in existence for more than 100 years. Its first use in the United States was in 1902. Because of everyone’s unique fingerprint map or features, no two individuals are alike. On the other hand, a person’s physical characteristics are subject to change over time. Fingerprinting...
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...The Criminal Investigation Process is a very important aspect of the criminal justice system in today’s society. The smallest mistake in any investigation can allow a dangerous criminal to walk free. The process sets guidelines for law enforcement officers and forensic investigators to follow when processing a scene, collecting evidence, and reporting their findings. The essential steps for any investigations team to follow are: Determine team composition, control contamination, document the scene, prioritize evidence collection, and collect, preserve, inventory, package, and transport and submit evidence. After all of that is accomplished the team has to get together to debrief about the crime scene, perform the final survey of the scene and document it. From there the evidence is processed, lab tests are performed, and all the information is submitted to the district attorney’s office so that charges can be filed. Following the process carefully and correctly is very important to the investigation; any missed steps can result in overlooked evidence and can bring the investigation to a standstill. The investigation process is vital to an investigation’s success and to the conviction of the criminals involved. The first step in the criminal investigation process is to determine the team composition. This step requires the lead investigator to assess the scene quickly and determine what resources and how many personnel will be necessary to process the scene efficiently. The...
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...Steps of the Criminal Process Investigation: Investigation is when someone reports a crime that has just happened and the police gathered the information that they had discovered, like evidence. To investigate the crime that has been committed to see, if possible to charged the offender(s). Example: A Homeowner had just reported to the 911 operator that her home is being robbed and the bad guy is still here. The location is at 123 Jane Doe St. Hollywood, CA 90122 Arrest: Arrest is when the offender(s) was found wrong doing of something bad to something or someone. Example: Luckily, there was a police cruiser down the street patrolling the neighborhood, so the police went straight to the house that was reported. And caught the bad guy red handed stealing the victims belonging. The offender was arrested by the police. Booking: Booking is when the offender(s) is caught and taken into custody at the police station to take pictures, be fingerprinted, and ask questions to be recorded by the police in the computer system. Example: The offender that was arrested was taken away and went straight to the police station for booking. The police took his pictures and fingerprinted him. Name: Jack Black DOB: 01/01/1964 Address: 12 Mary Lane Hollywood, CA 90123 Steps of the Judicial Process 4. First Appearance: After the arrest the offender(s) need to show up in court to see was charges is against him/her and if bail is provided...
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...Justin nikirk Law enforcement Lori Petro 4/24/15 Part 3 of final project Biography of police chief Name: Garry Hamilton Height: 6ft 2in Weight: 185lbs Hobbies: Hunting, fishing, cars, martial arts Family: Wife (Debbie) Four Kids (Joe, Justin, Matthew, Kristina) Mother (Tina) Dad (Chad) Education: High school diploma (Northrop High School) Associates Degree in Criminal Justice (Ivy Tech Community College) Police Career: Accepted 1989, captain in 2000, Lieutenant in 2010, Police chief in 2014 Community profile The township of St. Joe is a very close community everybody respects each other and everybody helps each other if they ask for it. There is this one kid named Justin Nikirk and he is one of the most helpful person in the whole community. He is always volunteering to help the local baseball team to help the little kids have fun and learn the fundamentals of baseball. He is currently employed at Fort Wayne ATA as an instructor of the Korean martial art Tae kwon Do he has achieved the rank of 2nd degree black belt. The kids their really love him and they keep him on his toes when they try to be deviant. There is no such thing as the perfect community in ours we have some bad areas and some good areas. We have recently seen a rise in the amount of drugs and drug sales in our area. It seem like every time I read the newspaper I see that there is a new drug bust. I personally hate drugs they can be expensive and they take your life away. Also, I have been hearing...
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...Gabrielle DaSilva Craig Wiggin Criminal Justice 101 4/2/2016 Final Essay Dear Client, I am here to not only tell you about seeing legal counsel regarding the criminal process, but I am here to be you criminal defense attorney- informing you about our police investigation, arrest, prosecution, trial or plea bargain, sentencing, imprisonment, parole, and final discharge to be a part of society - claiming your life again. Police investigations not only take matters into their own hands, they need help and those who specialize in specific things in a crime such as, Federal Bureau of Investigation, Drug, Secret Service (SSI), and more. (Justicegov) All of these again have qualifications towards particular on-going situations...
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...The Criminal Justice system contains and is built around many laws and concepts which either help better the system or hinder it. Out of all of them, I believe the most important concept of all is due process. The least complex way of describing due process would be to simply call it “procedural fairness”. However, in the textbook it is defined as what “ the U.S. Constitution requires that criminal justice case processing be conducted with fairness equity.” The 5th, 6th, and 14th Amendments of the U.S. Constitution all guarantee this right. Without due process criminal justice would be incomparable with the amount of “justice” actually being brought from the system to our communities. One of our individual rights warranted to us by the...
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...The study of criminal justice should begin with a basic understanding of the formal criminal justice process. A complex process that takes an offender through a series of routinized operations beginning with arrest or initial contact and concluding with reentry into society. During the justice process, prosecutors exercise individual judgment in deciding whether to maintain the offender in the system or to discharge the suspect without further action. Initial contact takes place as a result of a police action. The officers observe a person acting suspiciously, or they are contacted by a victim to report a crime. The second stage, consist in the criminal investigation, police officers gather enough evidence to identify a suspect and support...
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...In each component of the criminal justice system, there is an important decision to make pertaining to if an offender will be arrested, tried, or arrested. To best explain the flow of the criminal justice system, one must look to the formal criminal justice process. An offender starts the criminal justice process by first engaging in initial contact with the police. When this phase has past, an investigation must take place; this phase can last anywhere from a few moments to several years, and can involve only one officer or several hundred. The police must gather enough sufficient evidence to identify a suspect and to support a legal arrest. In order for an arrest to occur there must be probable cause, the officer deprives the suspect of his individual freedom, and finally the suspect believes he or she is now in police custody and lost his or her freedom. For smaller cases, such as a misdemeanor, the officer must have witness the crime personally in order to make an arrest....
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...In the United States, there are millions of people in United States prisons and jails and millions of people in our probation system. Imagine all those people moving through our criminal Justice system, judges have caseloads after caseloads of work. That is why the criminal justice system has created a process to keep everything running, as it should and assuring that justice is served. There are several different phases in the criminal justice process. Even after the offender is convicted of a crime, the process keeps moving forward. After an offender has been convicted of the crime, in other words, found guilty, he now faces the sentencing phase of the process. During this phase, the offender is brought before the court so that the offender’s...
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...Compare the three models of the criminal justice process (the Wedding Cake, the Funnel and the Net Models) The criminal justice process is very complex process and varies from state to state. Three models of the criminal justice process as discussed and reviewed in chapter 9 of out textbook are the funnel, wedding and net. (Meyer, Grant 2003) In this essay I will compare these three models of the criminal justice process and give my opinion on which model I think best describes the criminal justice system as it is today. I will also give you a rationale for the choice that I choose. The first model I will discuss is the funnel model. This model looks at how decisions are made at each level in the criminal justice process and sort out those people and cases that it feels should not go through the entire process from those whom it feels should. This process is used as a means of limiting the number cases to a small percentage of cases that have to be resolved by trial advocacy and incarceration. The process limits the amount of offenders in court and incarcerated at any given time. The benefit of this model is it prevents the criminal justice system from becoming backed up. The truth is the criminal Justice system is already backed up, and crimes are increasing on a daily basis. A common misconception of the funnel process is that it "lets criminals off,” however this is not true. Most cases are often dismissed or pleas are bargained due to lack of evidence. The truth is that...
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...Probation is one of the most commonly form of criminal punishments in the United States. (Assoiation, 1995) It is a form of babysitting/supervision and care of a probation staff member in lieu of imprisonment for the criminal Justice system while the offender is awaiting trial. Probation is not a dismissal of charges. Some people feel it’s a get out of jail free card or a slap on the wrist. Some offender will still committed further crimes. Probation is a basic tool of rehabilitation for first time offenders and for some offenders who have more than one offense will still receive probation. Probation may be one of the offenders punishment condition for the order of the crime. There are outline of orders of events in the criminal justice process...
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...Criminal Justice Process Alma L. Daniels AIU Criminal Justice Process How does the United States deal with problems related to civil order control? All one needs to do is to take a look at Kent State, Ruby Ridge, and Waco just to name a few to see how the United States deals with civil disorder. The United States Civil Disturbance Plan 55-2 the original name for this project is called “Operation Garden Plot.” This was to be used to deal with civil order. Here is one situation where they would use this “Planned acts of violence or civil disobedience which through arising from the cause as (1) above, are seized upon by a dedicated group of dissidents who plan and incite purposeful acts designed to disrupt social order.” (©2005, Yurica Report) So in order for the United States to maintain civil order control they can use this plan. They also can call out the following people FBI, U.S. Marshals’, DEA, ATF and the Arm Forces along with the National Guardsmen to deal with any civil uprising. Since May 4, 1970 at Kent State until now in 2011 the United States has change the way they handle things related to civil order control. Civil order control means more than just violent crimes it can also mean disasters, national emergencies and it also deals with crowed events like protest like they are having on Wall Street now. They can still call out the National Guards and Arm Forces along with ATF, DEA FBI, and U.S Marshals’ to help handle things. They also have medical...
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