With the information it is formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. The indictment it is a formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony. After you have the indictment sometimes you go in front of the grand jury. Then you go for your arraignment it is the first appearance of the defendant before the court that has the authority to conduct a trial. 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.
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. (Schmalleger, 2009) During the arrest the suspect is read their Miranda Rights before they are questioned or took into custody. “If the suspect is caught in the act the officer can
The criminal justice process is a process is a continuum of steps that function as a whole to move a criminal from arrest to his/her punishment (if they are found guilty). The criminal justice process begins with the criminal committing a criminal act, such as holding up a liquor store. The next step in the process is a criminal investigation, in this case, a criminal investigation might include watching the footage from the liquor store's surveillance cameras to identify a suspect. From there, the next step in the criminal justice process is arrest. In my example, this would include tracking down the suspect identified by the surveillance footage and apprehending the suspect.
Courtroom Discretion Q&A Response Misty Moore, Victoria Hardin and Elizabeth Ortiz CJA/224 September 19, 2011 Rick Rice Courtroom Discretion Q&A Response What is prosecutorial discretion? When a crime happens evidence is gathered, witnesses are found and a case file is established all the information. Due to an overabundance of case files, prosecutors review each file and which will be brought to trial. When there is enough evidence to convince the prosecutor the person suspected of committing the crime is guilty without a reasonable doubt, he or she will pursue the case to trial. 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.
The police are a part of the executive branch. So when some one breaks a law, the job of the police, executive branch, is to arrest or ticked said offender. After an arrest or a citation or ticket is made, the next step is the court proceedings. In a case that an arrest is made, the offender is brought in front of a judge and bail is set. After that, if need be, the case is brought to prosecution.
Criminal Justice is to protect individuals from crimes by controlling them. (The American Heritage Dictionary of the English/Language, Fourth Edition copyright 2000) Criminal Justice is a term used for the series of steps involved in proving any criminal activity like gathering evidences, arresting the accused, conducting trails, making defense, pronouncing judgment after the crime is proved carrying out punishment. (www.Legal-Explanations.com) Criminal activity is a very present element in society. Every society has a criminal justice system to deal with criminal activity and criminals. Law enforcement is the branch of the criminal justice system which is responsible for protecting the public by preventing and solving crimes.
The main purpose of the courts is to decide if an individual is guilty or innocent. This important decision is made by the judge, a panel of judges, or a jury panel, composed of 12 unbiased citizens. The third and final step in the Criminal Justice System is corrections. An offender is usually turned over to the corrections department following the courts. The U.S. uses different forms of corrections, usually depending on the seriousness of the crime.
This essay will discuss the sources and purposes of criminal law, as well as identify and explain jurisdiction to create and enforce criminal law, discuss the adversarial system and standards of proof in criminal cases, discuss and differentiate the concepts of criminal liability and accomplice liability, and finally, define inchoate offenses and compare them to elements of additional criminal offenses. PURPOSES OF CRIMINAL LAW What is criminal law? The definition, as given by (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010), is a “body of rules and regulations that defines and specifies punishments for offenses of public nature or for wrongs committed against the state or society.” There are several reasons these laws are in place; the primary reason being to “make society safe for its members and to punish and rehabilitate those who commit offenses.” (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010).
After arrest, comes booking. Pictures, finger prints, and personal info are obtained. A record is created and, in some cases, DNA is collected from the suspect. Next, they go before a magistrate for their first appearance, where they are informed of their charges, rights, and bail. At the preliminary hearing, it is determined if there is probable cause.
Once the perpetrator of the law has been booked the court starts its process with the first appearance, this is where within a few hours (usually within 24 hours) of being arrested and booked, the suspect are brought before a magistrate (judicial official or judge) for their first appearance. The judge will again tell them the charges for which they were given, tell them their rights and on occasion depending on how serious the crime was, an offer for bail or money or property pledged or given to the court, for release of legal custody. If they cannot post bail, then they will move onto the preliminary hearing where the evidence of the crime will be presented. The judge will look for probable cause that a crime has been committed and if the suspect committed it. This hearing also allows the prosecutor the chance to assess the strength of the evidence and the defense to council to assess the strength of the prosecution’s case.