Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them. This can be described as prosecutorial discretion. How does this affect the prosecutor and overall case flow in the criminal court system? Prosecutorial discretion puts an abundance of pressure on the prosecutors and their roles in the courts. The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime.
The courtroom workgroup consists of the participants that work for the court. The Courtroom Work Group is a group that is comprised of the Judge, Prosecutor, Defense Attorneys, Claimants and Defendants. The roles of the individuals in the Courtroom Work Group are to work together to successfully prosecute criminal cases. This group interacts on a daily basis with all having a mutual goal in mind of production to close the case and put the guilty parties away. In Courtroom Work Groups the defendant are already presumed to be guilty and the rest of the group work together to come to an agreement on the sentencing rather than to actually serve justice.
I could argue that even more crime could result in effect to fewer prisonable offences and more humane forms of corporal punishment. Think about this: You get in trouble for selling drugs . . . the Judge then sets forth an ultimatum; Stand in the town center and endure a public whipping, or report to jail for the next year.
Every report of abuse is often met with denial or explanation of why the abuse was necessary instead of taking any real action like a suspension or removal of their badge in most cases. Police departments seem to be paying more money defending themselves in court than on proper training of their police officers. Each precinct has their own, yet similar set of rules and regulations when it comes to use of force, as we learned from out two officer speakers. According to our San Diego precincts, the only time they are to use deadly force is when they, or civilians are in a life threatening situations. There are many examples of excessive force that will examine what’s being done to address the issue.
The police officers are most likely the people to write a ticket or make an arrest. C. The detectives are to investigate the cases and decide whether an arrest is needed. Topic II- The courts will be the next step in criminal justice. A. The judges and the lawyers are very important in a court room.
Meaning, if you break the law of which has been given you will be punished. The relationship is simple, most laws are created based on crimes that are or have been committed. Because society evolves and changes there will always be new laws created based on the fact that new crimes are committed daily. The consensus and conflict model are the two most common models of how society determines which act s are criminal. The consensus model defines criminal behavior as acts that conflict with the values and beliefs of society as a whole.
Both prosecutors and law enforcement, sometimes knowingly ignore this behavior, in hopes that their testimony will secure a conviction in their favor. Law enforcement who work closely with the crime lab in their department will often try to influence Pathologists to tailor their analysis and testing of evidence to suit their needs in assurance of a solid conviction. Consequently, Pathologists are criminally mishandling and presenting false testimony of the evidence and tests. Regardless of their underpinning of excuses, we must find some means of addressing these issues on a broader scope within the criminal justice system. Dr. Ralph Erdmann is a prime example of one who would
With all the overcrowding in jail and prisons these days, many people who get convicted of crimes are being put on probation. This paper I am going to discuss how electronic monitoring is used for public safety, if it accomplishes the goals it is intended for and home confinement with the use of electronic monitoring. Electronic monitoring is a growing alternative to incarceration in prison or jail (Champion, 2008). Electronic monitoring is usually used for offenders that are seen as low-risk and who have usually committed misdemeanor crimes. The criteria that is used for selecting offender as clients for electronic monitoring is very strenuous.
This would typically be the second step for an offender entering the criminal justice system. Typically, a judge, prosecutor, defense attorney, and/or a jury are involved in the proceedings. The offender faces trail and the evidence is told to the judge or jury so they can figure out whether or not the accused is innocent or guilty. If found guilty, the judge than can set a fine, give probation, or send the offender to jail, depending on the type of crime committed. The criminal justice system in the United States has traditionally operated under two fundamentally different theories.
The prosecution, the judge and the defendant all benefit when defense counsel performs in the way the Constitution envisions. The broken public defense system in our State doesn't have to be like this. It can and must be fixed. As a result of these deficiencies, many individuals facing criminal charges are compelled to appear in court without a lawyer at critical junctures, such as when bail decisions are made. This often results in unnecessary or excessive bail being set and keeps people who cannot afford it in jail awaiting trial Many public defense lawyers also fail to: meet or consult with clients at critical stages in their cases; investigate the charges against their clients or hire experts who can assist with case preparation or testify at trial; file necessary pre-trial motions; and provide meaningful consultation before clients accept plea bargains, regardless of whether a charge is appropriate or a viable defense exists.