First introduced in The Criminal Man written by Cesare Lombroso, he observed physical characteristics of prisoners in Italy and compared them to Italian soldiers. From these observations, he found that the two for physically different. The born criminal (atavism) was ‘a throwback to an earlier stage of human evolution. He has the physical makeup, mental capabilities, and instincts of primitive man.’ (Akers, 1999:37). Lombroso stated that born criminals could be recognised because they possessed certain ‘stigma’, an example of this would be big ears, big lips, prominent cheeks bones, extra visible wrinkles, extra fingers or toes, irregularity of the head or face.
Conclusion Prosecutors, defense attorneys, criminals, and victims are placed together to deal with a given crime. Victimization concerns each position in different ways and must be individually considered. The goals of sentencing differ somewhat between each position. Alternative sanctions are often recognized when a criminal offender is sentenced. Ongoing assessments of victims' rights and the continousl improvement of such are imperative.
This type of legal system exercises the ideal that the supposed offender is considered innocent until proven guilty. This systems premise exercises the idea that both the defense and prosecuting attorneys will work at extreme lengths to make sure that guilty are convicted, and the innocent are set free. Both the prosecutor and the defense have rules of procedure, statute, and case laws that they must fallow. The Constitution also has certain powers and rights that both sides must implement and promote for fair administration of justice. In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant.
| | | mandate of precedence. | 1 points Question 5 1. Which of the following is the most common reason for prosecutors to reject cases? Answer | | Due process problems | | | Arrest problems | | | Evidence problems | | | Interest of justice problems | 1 points Question 6 1. The ____ is the report of a grand jury investigation which usually includes recommendation of indictment.
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.
Processing a criminal case it includes investigation, arrest, booking, first appearance in court, preliminary hearing, indictment, arraignment, adjudication. Sentencing, and corrections and how the structural of the government works with the criminal justice system (Schmalleger, 2011, pg 28-29). References CliffsNotes.com. (2013, April 26). The Structure of Criminal Justice.
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.
In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
The first two steps in an arraignment are for the accused person, defendant, is addressed by name. Secondly, the charge against the person is read, including the alleged date, time, and place of offense. Thirdly, during an arraignment you are either admitting to or deny the charges against the defendant. There are three different pleas that a defendant can enter into the court. Not guilty, meaning he or she is denying the charges being place upon them.