Also people that are in corrections are there to maintain justice. These three components of the criminal justice system work together to create punishment for individuals that are proven guilty and help to stop them from committing other crimes, all while maintaining fairness, and keeping the rest of society safe. The basic rights of citizens are affected by criminal law by preventing citizens from doing any and everything they want to do. As citizens of the United States, we already have basic rights that we are awarded with by being born an American citizen. Basic rights are protected by criminal law.
Ethical Considerations for the Investigator and Prosecutor in Homicide and Rape The investigator and prosecutor play very critical roles, roles that are only fairly fulfilled if all parties are as ethical as possible. Failing to act ethically can lose a case, set a criminal free or could even mean someone innocent going to prison. While ethics in every single type of case are important we are going to examine homicide and rape. Both homicide and rape leave the public hungry for answers. We must be sure that finding those answers are done ethically from the crime scene to trial.
2003. p. 114). The prosecutor’s main roles are to establishing that those guilty are prosecuted, and to determine which cases are weak and weed them out. Meyer & Grant (2003) state that, “ the tasks that prosecutors perform fall into three broad categories: planning and supervising the investigation phase of criminal and civil cases, case preparations, and responding to the issues related to appeals. The defense attorney’s role is to protect an individuals right when he or she has been accused of committing a crime, and to ensure that the individual is not prosecuted unjustly or falsely tried. A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty.
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
Any organization always uses risk related techniques to protect the civil liability. As related to crime certain procedures are in place to ensure the safety of the public. The justice department is designed to reduce the amount of liability related to tort claims against law enforcement officers. Security measures are implemented to reduce the amount of risk and reduce the amount of civil liabilities that can occur with negligent acts from employees. The federal tort claims act is a procedure that bypasses the claim that a person is not allowed to sue the federal government under sovereign immunity.
An example of replication is law enforcement replicating a crime to see how the crime was committed. Verification is confirming or validating something. A lie detector test verifies whether someone is telling the truth or not. Theory is in criminal justice represents an attempt to develop plausible explanations of reality, which in this case are crime and the criminal justice system. In addition to one of the most intriguing aspects is the Hypothesis of the Criminal Justice system when referring to a crime being committed.
This is the main question asked in control theories. “Rather than asking the typical criminological question, “What makes people criminal?” these theorists share a conviction that deviant behavior is to be expected. What must be explained, they say, is “why people obey rules” (Williams & McShane, 2010, p. ). What I’ve understood from all of this is that society has placed certain constraints and rules upon each citizen and we are to live our lives according to said rules. When we break or deviate from any rule, no matter how minor it is, then we are committing acts of criminal behavior.
“Probable Cause is a reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime.” When determining whether probable cause has been established many questions will arise, not only to see if all necessary procedures were being followed by the officer but also to make sure that the citizen’s rights were not violated. Many of the case laws that have taken place have done so because they feel like in some way or another their rights had been violated or they were not treated fairly these are the cases that change laws or the
Due Process In order for a crime to occur there are elements to a crime. First the act that was committed has to be justified illegal, next there has to be a victim, and a location the alleged crime occurred. Unless a police officer has witnessed the crime when it occurred, they cannot respond until the crime has been reported. After a crime has been reported then the criminal justice system begins. The person who allegedly committed the crime has just as many rights as the victim, and their rights start the moment the arrest is made.
In contrast, the due process model emphasizes "protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections" (Gaines). Under the due process model, the same case would face would be put under a microscope and carefully examined; every piece of evidence, every witness testimony would be scrutinized in order to ensure a fair trial is delivered. The due process is more beneficial to the criminal justice system because it protects everyone's rights equally by regulating the police and courts. The due process model is what separates