Each side presents their case. Each side will also attempt to discredit their opponent’s evidence. The judge or jurors in the case will then decide the outcome of the case. In this process, tradition says the truth will be found through this process. ("Federal Judicial Center", n.d.) The Dual Court System In 1789, the United States Constitution required the formation of the Federal court system.
In most countries the measures in place, could be described as the commencement of criminal justice proceedings and the use of some form of prosecution and punishment service. Within England and Wales, upon conviction of a criminal offence and having been sentenced to a custodial term, her majesty’s prison service is employed to carry out, and manage the punishment of any said individual. This is where the basis of this essay lies, within her majesty’s prison service and the in-depth exploration of the administration itself. This will be accomplished through various readings and research with a view to eventually be able to identify whether the prison system in England and Wales could reasonably be described as being in crisis. In order to efficiently and accurately begin to draw conclusions regarding what state the prison system is in, it would be prudent to first establish what factors would contribute to any of the prison system’s failings resulting in a said crisis, whilst also revealing what elements or circumstance would suggest that the prison system is functioning both smoothly and successfully.
These individuals are given the task of how to move the trial along and what types of sentences should be asked to the judge after the trial has taken place. There are several methods that prosecutors should employ to deal with crimes. One of these methods could be implementing diversion programs for criminals. Again, by placing such a program on the books this would put society more in charge of what is happening to criminals in their communities. Misconduct of Court Room Players In the courtroom, just as outside of the courtroom, there are always times in which misconduct of a courtroom player takes place.
| In the Criminal Justice system we have state and federal prison to put offenders.. The difference between state and federal is that the population is different. In that happens because it all depends on the conviction status, offense distribution and average length of stay. Federal prisoners are incarcerated because they committed a federal law and a state prisoner is behind bars for committing a state law. Now the biggest different is the time they will serve.
Prisons Prisons are institutions designed to securely house people who have been convicted of crimes. These people, these criminals are known as prisoners or inmates and they are housed for the time given in their sentence. The type of crime committed determines the length of the sentence the criminal will have to serve. Certain crimes such as murder can have a sentence as long as life in prison. People don’t just end up in prison, in order to be incarcerated a person needs to be accused of a crime.
If a regular citizen committed the crime they would receive time in jail for whatever crime in which was committed. Justice concerns the proper ordering of things and persons within a society (Dictionary.com, 2009). The concept justice has been subject to legal, theological, and philosophical reflection and debate all through the history of time (Dictionary.com). Justice is to do what is right and punish the ones who have done wrong. Justice is to maintain order and to punish the criminals in which have committed the crime.
most sentences issued are custodial sentences that are spent in Her Majesty’s Prison service. An order is an instruction given by a court that the individual must follow, this could be an ASBO, and this is an Anti-social behaviour order that can be placed on an individual if they have been anti-social in the area. Parliament make laws too tackle crime and disorder in local areas, some of the acts include. • Anti-social behaviour act 2003 • Crime and disorder act 1998 • Police reform act 2002 • Criminal justice act 2003 • Public order act 1986 Crime and disorder act 1998 The crime and disorder act 1998 allows for police to deal with a variety of types of crime, all of which are related to anti-social behaviour on the streets. It allows for orders and punishments to be placed on an individual.
Sentencing Essay a) Describe the sentences available for adult offenders (18 marks) The courts have several different sentences they can give an adult offender; an overview of the sentences can put them into four main categories: custodial sentences, fines, discharges and community sentences. The courts can also give specific sentences such as compensation orders, and disqualification from driving or banning from driving for motoring offences. The first and most popular sentences imposed by the courts are custodial sentences. This is were the offender is incarcerated for a length of time depending on the offence they committed. For example, the offence of murder carries a mandatory life sentence, which is where the offender must be imprisoned for a minimum length of time, specified by the judge.