When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing. If a guilty verdict is appealed, appellate judges are responsible for reviewing the case and determining whether there was any legal misconduct. Federal appellate judges are nominated and appointed by
At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
The crime control model focuses on efficient processing, making many justifiable arrest, and the flexible work of the trained police. The due process model focuses on protecting the rights of the offender. The cases followed procedures
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is sufficient evidence for a ‘prima facie’ case. The prosecution is required to produce evidence and witnesses. The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace.
The judge will look for probable cause. Information or indictment: Information is a formal written accusation submitted to the court by a prosecutor, alleging that a specified person has committed a specified offense. Indictment 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. The arraignment is the first appearance of the accused before the court that holds that has authority to conduct a
Crime scene investigators and other law enforcement agencies such as the police therefore have a chief responsibility of ensuring protection of the crime scene and the preservation of first hand evidence. In addition, the law enforcement agencies involved in the investigation process have the responsibility of submitting the gathered evidence for scientific
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
Lastly, this paper will define what inchoate offense is and will compare it to elements of additional criminal offenses. In order to fully understand criminal law, one must also understand its purpose and its sources. Criminal law has many purposes, but to sum it all up, according to Schmalleger (2010), “criminal law protects the law-abiding citizens while maintaining social order through the conviction and sentencing of the criminals. Criminal law provides protection to all law abiding individuals and will sentenced the ones who committed the crimes. Criminal law has many sources, one is the Constitution.
It is their duties to ensure public safety and maintain order. Secondly, are the Courts, which sentences criminals based on evidence gathered by the Police and Lawyers. Thirdly, are Correctional Institutions, which detains or rehabilitates criminals. The graphic illustration below outlines the Criminal Justice System and its key components: Police The first component is the police, which serve as the gate keepers for the Criminal Justice System. The term police originated from the “Latin word politia” which means civil administrations’’.