In the case of Bordenkircher v. Hayes (1978), the court stated, “so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” Although there are many factors that come into play when a prosecutor is considering dismissing a case, the most prominent issues are state and federal resources, time, and investigative teams. When there is an insufficient amount of resources and time, the accused may be more subject to leniency from the prosecutors. Moreover, the counter argument for lenient behavior is that because prosecutors are not following through and charging certain cases, then they are not fully executing the law. Additionally, many people believe there is a strong possibility that some prosecutors will abuse their discretion privileges (Slobogin, p548). In the federal courts, prosecutors also have the discretion to join charges.
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.
Two Models of the Criminal Process The two models of the criminal process; due process and crime control serve as the foundation of order and liberty as it relates to the practice of criminal justice and criminal law. These models struggle against each other to represent their own value system as it applies to ideologies in criminal justice procedures. Although there seems to be a difference between these two principles of criminal law, each one has positive qualities. The due process and crime control models contain prepared subject matter of values primary to the constitutional order of how criminal law is practiced (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2008, p. 4).
The NSW police force is given special legal powers under the law which enable them to carry out their duties effectively, majority of these powers are contained in the law enforcement (powers and responsibilities) act 2002 in order to investigate crimes, make arrests, and gather evidence against the accused. The police are not allowed to detain a person unless they have good reason to do so and during the course of an investigation, police may use their discretion to decide whether they wish to arrest someone for a crime. Occasionally police may request a warrant from the local court magistrate for an individual’s arrest. The document authorises police to apprehend an offender using discretion and bring that person before a court. Although the challenge for all communities is to balance the extent of powers required by police against the rights of ordinary citizens.
In such situation, the officer can either mediate a peaceful agreement, can suggest counseling or if this doesn’t work he can also make an arrest of the person that is not willing to come to a peaceful resolution to the problem. At the time a police officer encounters a minor misdemeanor, he can also make use of his discretion. A minor misdemeanor that a police officer could encounter can be that of a minor assault, public intoxication, disorderly conduct or even trespassing. The action taken by a police officer in such cases all depends on his discretion at the time, just as it is done on a domestic disturbance case. The officer has the option of making an arrest or making a report and is all based on his discretion used at the time the situation arises.
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.
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.
Justification and excuse will be described as well as the outcome of each case. Types of Defense A defense consists of evidence and arguments offered by a defendant and his or her attorney to show why a person should not be held liable for a criminal charge. There are two types of defenses, factual and legal. Factual defense is when an individual insist he or she did not do it. Legal defenses can have a signification effect on disposition of the case.
get better grades Law enforcement is the first part of what makes up our criminal justice system. The criminal justice system has three main components including police, courts, and corrections. Police have an unending battle against crime, drugs, and other forms of social dysfunction. The police main duty is to protect the public; however the relationship between law enforcement and the public community is sometimes troubled. Some of the duties of law enforcement are to investigate law violations, gather evidence, make arrests, solve crimes, and then assist with the successful prosecution of suspects.
The criminal justice system has three central components: police, courts, and corrections. (Schmalleger, 2011) The police are the first in the system and possibly the most important. Police are made up patrol officers, investigators, and the office personnel who work beside them. Police are the ones who enforce the laws, investigate the crimes committed, and also apprehend the criminals. The police first have to conduct an initial investigation to decide whether or not a crime has actually been committed.