...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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...activities located on the student website: • Chapter 1: The Criminal Justice System > Learning Modules > Criminal Justice Process • Chapter 4: Criminal Law > Learning Modules > Crime Elements • Chapter 4: Criminal Law > Learning Modules > Legal Defenses • Chapter 4: Criminal Law > Myths & Issues Videos > Myth v. Reality: The Insanity Defense is often used Successfully • Chapter 6: Police and the Constitution > Myths & Issues Videos > Myth v. Reality: The Miranda Warnings have to be Read Immediately Upon Arrest • Chapter 8: The Courts: History, Structure, and Key Players > Learning Modules > Types of Witnesses • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Post-Arrest Activities • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > The Bail System • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > The Pros and Cons of Plea Bargaining • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Steps in the Trial Process • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Rights at Trial • Chapter 9: Pre-Trial Activities and the Criminal Trial > Learning Modules > Jury Deliberation • Chapter 9: Pre-Trial Activities and the Criminal Trial > Myths & Issues Videos > Myth vs. Reality: Most Cases go to Trial • Chapter 9: Pre-Trial Activities and the Criminal Trial > Myths & Issues Videos > Issue 1: Plea Bargaining: The Pros...
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...would you define the pretrial criminal process? How does the pretrial criminal process affect post arrest processes and trials? Is there a better solution to the current process? Explain. * * * * Pretrial process is when the prosecution and the lawyer provide all the evidence that will presented in the case. This would be a list of all the witnesses that will be call by either party or from one party. Both the prosecution and lawyer also have the chance to motion for the use of a way of referencing something that they think might help the case. * * * * * * A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. [ A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant's guilt or innocence. Under rule 17.1 of the Federal Rules of Criminal Procedure, pretrial conferences for criminal cases may be conducted to promote a fair and expeditious trial. In practice, federal and state courts use the pretrial conference in criminal cases to decide such preliminary...
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...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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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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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 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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...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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...Criminal Justice Process 1 Criminal Justice Process Betsabe Aguirre CRJ 100, Section 010016 Professor Nicholas Myles, J.D. October 12, 2010. Criminal Justice Process 2 Criminal Justice Process Imagine living in the US where crime is out of control. Where laws are broken and there is no punishment for our actions. It wouldn’t be a nice place to live. This is why we have the criminal justice process. The agencies of criminal justice must process the cases that come before them. They begin with an investigation of the reported crime. Placing crime under control is a complicated process requiring information and following many steps. It consists of Investigation and Arrest, Pretrial Activities, Adjudication, Sentencing, and Corrections. Investigation and Arrest The first step in the criminal justice process is investigation and arrest. When a crime has been committed the first thing law enforcement does is conduct an investigation. Evidence is gathered at the crime scene and a follow up investigation to try to put together the sequence of activities. Depending on the results they may choose to arrest an individual or individuals. If they make no arrest the process is complete. But if an arrest is made the suspect will be booked. When the suspect is being booked which means a procedure where pictures are taken, fingerprints are made, and personal information such as their name, address, date of birth, weight, and height is gathered and put into the system. Details...
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...Analysis of the Homicide Trial of Jodi Arias By Robert Davis Professor Lauren Burke CCJS 100 6382 University of Maryland University College March 8, 2013 Robert Davis Professor Burke CCJS 100 March 8, 2013 Analysis of the Homicide Trial of Jodi Arias The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys make great efforts to ensure justice is served swiftly and fairly, thus creating a strong and effective criminal justice system. Description of the Crime Jodi Arias was arrested in July 2008 for the brutal murder of her boyfriend, Travis Alexander. Travis was stabbed twenty-seven times; his throat was cut, and he was shot in the head in his Mesa, Arizona home. Jodi and Travis met at a Prepaid Legal conference and...
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...The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial Criminal procedure is the process of investigating, prosecuting, and punishing crimes (Scheb & Sharma, 2013). Criminal procedure includes law enforcement activities, including the arrest, interrogation, and identification of suspects. Criminal procedure also involves a process of criminal trial, in which a person is tried for their crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic...
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...the Constitution the right to counsel is applied. The criminal defendants have a constitutional right to an attorney. If you cannot afford one, the government will provide you with a representative appointed by the court who is deemed necessary to handle your case. However, the 6th Amendment does not apply at the moment of arrest unless; the government has already filed former charges. The right to counsel is given at a critical stage of prosecution in which advice of counsel is necessary to ensure the dependence’s rights to a fair trial. This also always the ability for a plea bargaining to be issued if the prosecutor feels that their is overwhelming evidence and a court case should not be needed. Right to Counsel Background Powell v. Alabama (1932), also known as the Scottsboro case, involved several African American boys ranging from the ages of 13-17, whom were accused of raping two white women. The defendants were convicted and sentenced to death in a quick trial without an attorney. This took...
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...Reality Many people form opinions about the criminal justices system from the media. But how true are these images of justice? Developing the criminal justice system Introduction--London Metropolitan Police was the first police agency and was developed in 1829. The first police agencies in the United States were in Boston (1838), New York (1844); and Philadelphia (1854). Criminal justice system was first recognized in 1919, by the Chicago crime commission. The modern era of justice Modern era of justice can be traced to a series of research projects begun in the 1950 under the sponsorship of the American Bar Foundation. Federal involvement in criminal justice President’s Commission on Law Enforcement and Administration of Justice was appointed by President Johnson in 1967. Passage of the Safe Streets and Crime Control Act of 1968 Helped launch massive campaign to restructure criminal justice system Provided funding for the Law Enforcement Assistance Administration (LEAA) The contemporary criminal justice system Introduction—The criminal justice system is society’s instrument of social control. The contemporary criminal justice system in the United Sates is monumental in size. The system is massive because it must process and care for millions of people. The criminal justice system can be divided into three main components: law enforcement agencies, court system, and correctional system. The formal criminal justice process Introduction: Few cases are actually processed...
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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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...Crime and the Criminal Justice System Alicia Gilbert CJA/204 October 16, 2012 Bill Keller Crime and the Criminal Justice System Crime is conduct in violation of criminal laws set by the federal government, state, or local jurisdiction for which there is no legal justification or excuse (Criminal Justice Today, 2011, p. 7). In order for society to distinguish criminal acts, two different models are considered: crime control and due process. Crime control oversees the efficient arrest and conviction of criminal offenders, and due process emphasizes individual’s rights through all stages of the justice system. Criminal justice fails society when it fails in either of these two perspectives. There are three different branches of government: legislative, which passes laws; executive, which enforces laws, and judicial which interprets and explains laws. The legislative branch for the federal government is Congress, which is broken down into the Senate and House of Representatives, at the state level, the state senate, and state house of representatives pass the laws, and on the local level, city council passes the laws. The President of the United States is the executive over federal law, the governor is the executive for state law, and the mayor is the executive for local law. Judicial law is interpreted by the Supreme Court at the federal level; states Supreme Court at the state level, and district courts at the local level. There are several components within...
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