...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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...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...
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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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...The Criminal Justice System 2 Abstract This analysis explores the different types of tactics used by the police to control drug problems in different types of drug markets. Overall, the police appear to informally categorize drug-dealing places and to use these cursory site assessments to tailor their drug control tactics. By contrast, the police combine traditional investigation, and prosecution with interactive sources such as the District Attorney, Defense counsel, Judges; both Federal, state and Local. Statistically significant differences in their involvement are found in the investigation in the original stages, as measured by the number of calls services, pre arrest and post arrest. A defense attorney must act as an officer of the court, respecting the need for truth and truth-seeking within the confines of the adversary system and as an active participant of a system that places justice as a core value. Many criminal cases - and almost all civil ones - are heard by a judge sitting without a jury. The judge is the "trier of fact," deciding whether the evidence is credible and which witnesses are telling the truth. Keywords: Police Officer, involvement, investigation, criminal cases, pre/post arrest Criminal Justice System 3 Criminal justice is defined as the system of practices and institutions of governments...
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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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...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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...Myia M. Hardy CJA/204 Introduction to Criminal Justice Instructor: Ron Furtado November 1, 2011 The criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations. In the United States, there are separate federal, state, and military criminal justice systems; each state has separate systems for adults and juveniles. Criminal justice systems include several major subsystems, composed of one or more public institutions and their staffs: police and other law enforcement agencies; trial and appellate courts; prosecution and public defender offices; probation and parole agencies; custodial institutions ( jails, prisons, reformatories, halfway houses, etc.); and departments of corrections (responsible for some or all probation, parole, and custodial functions). Some jurisdictions also have a sentencing guidelines commission. Other important public and private actors in this system include: defendants; private defense attorneys; bail bondsmen; other private agencies providing assistance, supervision, or treatment of offenders; and victims and groups or officials representing or assisting them (e.g., crime victim compensation boards). In addition, there are numerous administrative agencies whose work includes criminal law enforcement (e.g., driver and vehicle licensing bureaus; agencies dealing with natural resources and taxation). Legislators and other elected officials...
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...government lawyer when the lawyer is subpoenaed in a federal grand jury investigation for possible federal criminal violations. This decision is up to the courts in a case by case basis. a. Attorney Client Privilege is subject to the common law by courts “in the light of reason and experience.” FRE 501. i. FRE 501 can be relied on over FRE 503 at the discretion of the Court. 1. FRE 503(a)(1) only makes “broad propositions that a governmental body may be a client for purposes of the attorney-client privilege” (In Re Duces Tecum, 8th circuit, 916). a. “We are instructed by Rule 501 to interpret the attorney-client privilege via common law ‘in light of reason and experience’ and not solely in light of the rule promulgated by the Supreme Ct. in 1972” (Id). ii. Necessity of Granting Potentially Relevant Info to Fed. Grand Jury as a matter of Constitution and Criminal Justice. 2. It is up to the federal grand jury to determine whether there is sufficient evidence to justify a formal accusation against a person for a crime (US Constitution, 5th amendment). 3. The rule of law should reign supreme and should be considered natural that every step be taken to ensure that justice be served promptly. b. “Supreme Ct. recognizes that the principle that the public is entitled to ‘every man’s evidence’ is particularly applicable to grand jury proceedings” (In Re Duces Tecum, 8th Circuit, 918,919)....
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...Questions 1. Should morality, in and of itself, be considered a sufficient basis for dening particular conduct as criminal? I think by itself morality should not be used as a basis because the definition of morality varies greatly by person and location. What is moral behavior to one person, could also be non-moral behavior for another. 2. What are the chief distinctions between the civil law and the criminal law? Why Do criminal and civil law sometimes overlap? Whether a tort or a crime was committed. One could punch another in the face and commit the crime of battery, thus being criminally prosecuted and or fined or jailed. At the same time the victim can sue for medical bills, and pain and suffering as compensation. 3. To what extent is the English common law significant in contemporary American criminal law? English common law is the basis for American criminal law, it was built off of it. It’s a statutory system. 4. What is the essential difference between substantive criminal law and procedural criminal law? Give examples of each. Substantive laws define crimes and outline their penalties. An example would be possession of heroin. Procedural laws deal with enforcement of substantive law, determination of guilt, and punishment of the guilty. An example is search and seizure to obtain that evidence. 5. What means of punishment for criminal offenses exist in your state? Is capital punishment available for persons convicted of first-degree murder? Which punishments...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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...The Criminal Justice System is made up three components that follow each other; the police, the courts and corrections. The criminal justice system has the responsibility of obtaining law violators and giving out a reasonable punishment for crimes that are committed. The criminal justice system also has the duty of protecting the innocent and making sure those that are offenders are treated with fairness, not only by the law enforcement but by the courts and correctional institutions. According to (Schmallger, 2009, page7 of Criminal Justice Today) crime is defined as: the conduct in violation of the criminal laws of a state, the federal government, or local jurisdiction for which there is no legally acceptable justification or excuse. Justice is defined as: the principle of fairness; the ideal of moral equity. We can start of by saying crime is law’s wife, they go hand and hand know matter which way you put it. When a crime is committed it is a one hundred percent chance that a law has been broken. In the criminal justice system when a crime is committed the first component that has a part is the police. Law enforcement has the responsibility of the investigation and arrest. Majority of the time the crime has to be investigated, so that law enforcement has enough evidence and probable cause to charge the person in question. Sometimes when a crime is committed the police get there in enough time to catch the criminal before he or she can leave the scene. Once enough sufficient...
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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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...Week One Assignment Crystal Cazares CJA/204 Mr. Samuel Ramos 9/17/2011 The Criminal Justice System is a set of agencies and processes created by the government to control crime and impose penalties on those who do not follow the laws. How the justice system works depends on the jurisdiction that is in charge, or where the crime was committed. Different jurisdictions have different laws, agencies and ways that they handle criminal justice processes. There are two main systems that the government uses to control crime, the state system and federal system. The state justice system handles crimes committed within their state boundaries, and the federal justice system handles the crimes committed on federal property. There are five components that play a main role in the criminal justice process. The five components are law enforcement, prosecution, defense attorneys, courts and corrections. Law enforcement officers write reports on crimes that happen in their area and arrest people who have violated the law, for this to happen a crime must be committed. A crime is defined as any violation of the law either divine or human. The next step would be to investigate the crime scene and collect any evidence that is found, followed by an arrest. After an arrest is made the next procedure would be booking. Booking is an administrative procedure where the accused has their fingerprints, picture and personal...
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...our day. We are going to discuss your role in the criminal justice in depth this morning. Please pay careful attention. As you all know you play a very important role in our criminal justice system. Failing to do anything that is covered under our responsibilities can make or break a case. So we have to pay very close attention to detail. If you have any questions please wait until the end of the presentation. I will address them then. The first step prior to ANY other action is the investigation stage. Investigating all of the suspects believed to be involved. This includes gathering evidence at the scene of the crime. If this is a case of probable cause this means gathering any witnesses with reliable information and writing a search warrant request so that you may fully investigate the matter. I believe that the investigation is the most important element. Without that stage there is no way of being able to prove one way or the other what happened or occurred. If necessary you can also request a search warrant for the suspect’s property. Keep in mind that we have to secure the warrants in order for the evidence found in the process of a search to be admissible in court. This is also a way of protecting the suspect’s 4th Amendment rights. In order to invade one’s privacy there has to be probable cause. A search warrant is only issued by a magistrate, if that burden has been met. The investigation process can also save the system a lot of money. I say this because you don’t have...
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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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