After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services). Then CPS could state whether it’s enough evidences gathered to take the person to court or it can state that there is not enough evidences. That where it comes to the bail. (www.findlaw.co.uk) The bail can be granted or denied it all depends what is the offence and whether the person can be dangerous if goes back to the society/community. If the person is arrested on suspicious of the murder that would be clearly obvious that the person wouldn’t get the bail, as that person could try to run away also could attempt more murders or even self-harmed.
Police Powers in the Public Services P1 – describe the difference between arrest with and without a warrant M1 – explain the requirements of lawful arrest and detention D1 – evaluate the powers of arrest, detention and search There is a legal right that allows UK citizens to arrest another person. This law is given under Section 24 of the Police and Criminal Evidence Act (PACE), 1984. In order to carry out a citizen’s arrest, there are certain rules that say when you can and cannot make an arrest. If you have suspicions that someone has committed a crime, these suspicions are not enough, no matter how strong they are. You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect.
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise.
Rick Ross CJ 4200 11/10/12 Scenario 4 In this scenario, you are faced with a very tough dilemma, dealing with moral and ethical implications. On the one hand you have just witnessed an assault, on an inmate regardless of his previous history. This is clearly where the ethical implications are. On the other hand, the only proof of such an assault is your word, or that of a convicted violent criminal. Whose word you’re challenging is that of your senior officer.
Outlining the Criminal Justice System In order to understand the criminal justice system of the United States it is imperative to first understand what crime is. Simply put a crime is the violation of a rule or law put in place by a governing body (Schmalleger, 2009). This is a broad definition that allows for variation in what is considered a crime all across the United States. Despite the varying types of crimes the elements of the criminal justice system are constant. The criminal justice system is composed of three parts: law enforcement, courts of law, and corrections (Schmalleger, 2009).
They let them know if there is enough information and evidence to charge a suspect with the crime. They also determine what charges will be filed against the offender, interview witnesses, review search warrants, and subpoena witnesses. In preparation for trial should a plea bargain not be offered or accepted. When and if the case goes to trial, they represent the government in pretrial hearings and motion procedures, enter into plea-bargain negotiations with the defendant and his or her counsel. The prosecutor will try the actual case, make sentence recommendations, upon the defendant being found guilty, and represent the government in appellate court, should an appeal be filed.
Deviance is the recognized violation of cultural norms. Crime is a type of deviance. Crime is the violation of a society’s formally enacted criminal law. Criminal deviance spans from minor traffic violations to sexual assault to murder. In the case of serious deviance, action may be brought by the criminal justice system – “a formal response by police, courts, and prison officials to alleged violations of the law.” The key elements of the U.S. criminal justice system include police, courts, and the punishment of convicted offenders.
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
CHAPTER 1 What Is Criminal Justice? Teaching Outline I. Introduction (p.2) • Recent events such as Hurricane Katrina (August 29, 2005) and the terrorist attacks of September 11, 2001 have had a major impact on society. Highlight the role that the criminal justice system has in responding to crime associated with these events. Crime: Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.