The Criminal Justice Process

Abstract This paper describes all the ill-uses interpreted during the pitiful justice litigate. It explains how important it is to follow payable shape accord to the bill of veraciouss. During this process suspects atomic number 18 put through a serial publication of steps, most within hours of an breeze through and some whitethorn cod days, weeks, and or months. The criminal justice process is numerous steps taken to process a criminal case beginning with an investigation and arrest. An investigation is through with(p) by the police and they moldiness gather overflowing evidence to distinguish a suspect in order to make an arrest.In well-nigh cases, criminals are non arrested on the scene of a crime, they are comprehend later (Schmalleger, 2011). In cases like this, an arrest warrant is issued by a sound out if in that keep is enough probable cause to make an arrest. presumable cause is the legal requirement for an arrest connecting a suspect to a particular cr ime. Arrest is always done with discretion and is a somber step in the criminal justice process. During an arrest defendants are warned of their Miranda Rights previous to questioning.Police feel they are on safe ground by advising suspects of their rights immediately after arrest however an arrest with bug out questioning does not require a warning (Wiley Publishing, 2000-2010). Following an arrest, suspects are booked. The booking process is an administrative procedure. It includes pictures being taken, fingerprints, and personal information is recorded such as date of birth, address, weight and height. Details of charges are put on the arrest record. Suspects are advised to sign a form with each right stated.The second step in the criminal justice process is pretrial activities, which net take place within hours of the arrest. In this step a suspect will make their appearance before a magistrate where the legal officer will tell them of the charges against them and once again is advised of their rights and may be offered bail. If a suspect post a bond on first appearance they may not flee, otherwise the cash stay put or piazza bond will be ordered to fall by the wayside the posted cash or property (Schmalleger, 2011).Suspects who have serious crimes and are not sustained bail are taken to jail to wait for the succeeding(a) step which is a front hearing. During the first appearance, defendants who rear endt afford a lawyer will be appointed one. During the third step, preliminary hearing is a process where enough sufficient evidence must be established and exist against the suspect to continue in the criminal justice process. The defense has a chance to analyze the strength of the pursuit case and may request a plea bargain.This is also where the pursuit has a chance to build a case against the suspect and presents any evidence and may offer a plea bargain. The fourth step in the criminal justice process is indictment by gold jury. This is wh en the prosecutor has enough probable cause to prosecute a keen offense. During indictment, a defendant or a defendant lawyer does not have a right to be present at high-sounding jury proceedings. Another option a prosecutor may take is filling a charge document called information.This is to determine if there is enough evidence to warrant a trial. A defendant and attorney can be present at the information hearing to dispute the charges (Wiley Publishing, 2000-2010). measurement five in the criminal justice process is arraignment by a judge. This is when a defendant enters a plea of guilty, not guilty or no contest (nolo contendere). An arraignment is conducted in open court and the indictment or information on the charge is read to the defendant. tone six, adjudication. This step points out that every criminal has a right to trial by jury.If there is doubt based on reason the accused is entitled to be acquitted. The standard of evidence for a criminal conviction is guilt beyond a reasonable doubt. In most jurisdictions, criminal cases never total to trial (Schmalleger, 2011). Some states allow trials for less serious offenses before a judge, called a bench trial. In other cases, a jury is give tongue to to be deadlocked, and a judge will declare a mistrial. Step seven is sentencing by a judge. If the accused is found guilty, a judge will impose a form of punishment.Possible sentences include a fine, probations, a period of incarceration in jail or prison house or some have a combination of supervision of the residential area and incarceration. sads found guilty, of one or more charges are ordered to serving one sentence after another is arrant(a)d called a straight sentence. Or there sentence may run at the alike(p) time, called concurrent sentence (Schmalleger, 2011). In many cases convictions are appealed and filed by attorneys in appellate court and then ruled on appellate judges. If the appellate reverses a case, the case returns to trial cou rt for retrial.The appeal process can be very complex and can involve both national and state judiciaries. Even if a prosecutor drops the charges, the defendant can even be prosecuted later as long as the statue of limitations for the crime the defendant is being accused of committing hasnt run out. Appeals are based on the defendants claim that rules of procedure were not follow properly at some earlier stage in the criminal justice process. The last scarce not least process is corrections. Punishment and or rehabilitation touch on by local, state or federal correctional authorities.Once an wrongdoer has been sentenced, the corrections stage begins. Most inmates do not serve the complete term and are released before their maximum sentence expires (Wiley Publishing, 2000-2010). Inmates are designate to confinement facilities and treatment programs. Not all offenders end up in prison. Some are ordered to prison and then have their sentences hang up and a probation term imposed . Offenders who have served a portion of their time may be freed on probation or parole. If conditions of probation or parole are not met, it will be revoked and result in more jail time.In conclusion the criminal justice process is to be conducted with fairness and equality, the due process. This process must recognize the individual rights of criminal defendants facing prosecution by state or federal government. Due process is what guarantees the fifth, 6th and fourteenth amendment. No person shall be deprived of life, liberty, or property without the due process of law, and each state is bound and required to respect the due process rights of United States citizens who come under their jurisdictions. There are many more suspects and defendants than inmates. Wiley Publishing, 2000-2010) The Criminal Justice Process Chart References Schmalleger, F. (2011) Criminal justice today An Introductory text for the 21st century (11th ed. ) fastness Saddle River, NY Pearson Prentice Hall Cliff Notes (2000-2010) The Process of Criminal Justice. Retrieved on October 19, 2010 from http//www. cliffsnotes. com/study_guide/The-Process-of-Criminal Justice. topicArticleId-10065,articleId-9909. html New Jersey Judiciary (2001) The Criminal Justice Process. Retrieved on October 19, 2010 From http//www. judiciary. state. nj. us/criminal/crproc. htm