Courtroom Standards Analysis July 30th, 2012 CJA/484 Criminal Justice Administration Capstone David Mailloux Courtroom Standards The courtroom is made up of individuals that are aware of the law to a point and that can make decisions on putting an accused offender away for a criminal act he or she has committed. These individuals consist of judges, attorneys, victims, the accused, and other courtroom personnel. This paper will go over each type of individual involved in a courtroom setting and his or her role. Judges and Witnesses Judges have many responsibilities such as interpreting the law, taking in evidence throughout the case; judges also determine how the hearing and trials unfold while in the courtroom. A judge has five basic tasks, first making sure that order is maintained throughout the courtroom and throughout the trial.
Therefore, by having sufficient evidence this would be enough to convict a criminal in the court of law. Crime control is based on handling crimes that occur with a quick and effective outcome. For example if the prosecutor does not have strong evidence to receive a conviction there is a slight chance the offender’s case will get dismissed. Therefore, emphasizing the capacity to arrest, and convict a high proportion of offenders in other words put the criminal in jail first and question later. However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution.
Sentencing There are five philosophical reasons for sentencing criminals. They are retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution is a penalty imposed for a crime that is designed to provide some form of compensation to a victim while also penalizing the offender. It can also potentially send a warning to people considering similar crimes. Acting as a deterrence to future criminal activity by alerting members of society to the fact that if they commit crimes then they can face a similar punishment.
Adjudication (trial, basically) occurs to determine guilt or innocence. If convicted, then comes sentencing. Once sentenced, corrections comes into play (via jail time or other punishment), then probation and
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. The Due Process is a process designed to “guarantee all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property” (Due Process of Law. (n.d.)). People who are in jeopardy of becoming incarcerated for either a short of long period of time are entitled to legal protections such as: a right to an attorney and a trial by a jury of peers. It is services like this that help provide due process of law.
There is a lengthy process through the Criminal Justice system for a criminal case. Starts with an investigation and can end with parole or probation. Some cases can take months and maybe even years depending on the seriousness of the crime. The first process of a criminal case is the investigation, once a crime has been reported; officer’s show up to take information from the victim. After the officers have the information they need “evidence is collected, if possible.” If the suspect is still on the scene they are arrested and brought to booking.
The mafia had split the U.S.A. into separate territories, with one gang controlling each territory, but there was always internal conflict going on throughout these territories, with mob bosses being deposed and replaced all the time. The mafia had control over all the speakeasies and bootleg alcohol during the prohibition period and made millions from it, which was used to help them commit horrific attacks on other gangs which any normal person would get a life imprisonment for. One of these crimes is the ‘St .Valentine’s Day Massacre’ committed by Al Capone. The mafia is one of the most famous organisations in the world, due to its infamous activities during the 20th Century. Prohibition was the Eighteenth Amendment to
The judge will determine if the prosecution of defense has a stronger argument B. Defendants are released if enough evidence is not provided at preliminary hearing III. Arraignment A. Defendants are formally charged with the crime they are being held for B. The defendant enters a plea 1.
A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. With sentencing, you have two different types you have consecutive sentence and concurrent sentence. With consecutive sentence it is when offenders found guilty of more than one charge may be ordered to serve one sentence after another is completed. With a concurrent sentence it will run at the same time. Then you have the corrections, when an offender is charged then the correction stage begins.
The key difference between these two models is that the crime control model is much more harsh and unrelenting; it emphasizes controlling crime via punishing suspects while the due process model emphasizes careful examination to ensure less innocent people are unjustly convicted. The crime control model places an emphasis on "placing as few restrictions as possible on the ability of law enforcement officers to make discretionary decisions in apprehending criminals"(Gaines). Under this model, courts would be more willing to convict offenders, even with an absence of compelling evidence. For example, a court would be more willing to accept a police officer's account of a homicide without careful cross-examination under the crime control model in order to repress crime. In contrast, the due process model emphasizes "protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections" (Gaines).