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.
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
If the person is arrested on suspicious of the murder that would be clearly obvious that the person wouldn’t get the bail, as that person could try to run away also could attempt more murders or even self-harmed. If the person if suspected on something that is not serious for example battery then the person could get a condition bail. Conditional bail is when the suspect person gets some restrictions like; not allowed to go to particular places or have to keep away from victims. Mainly CPS decides whether to grant or deny the bail. A police office officer has the right to grant or deny the bail.
The prosecution and the defense both play very important roles in the criminal justice system. The prosecution is responsible holding criminals accountable for their actions. Whereas the defense is responsible for ensuring the defendant gets a fair and speedy trial. The prosecution investigates violations and works with law enforcement officers during the investigation. They let them know if there is enough information and evidence to charge a suspect with the crime.
The following are considered biological evidence; hair, saliva, blood, semen and skin tissue. These items are specially preserved in order for the laboratory to work with them and get the information needed. With that we will need to talk about how these specimens are preserved and collected. We must remember that criminal justice system depends on presenting evidence to judges and jurors to help them reach a conclusion about the guilt or innocence of the defendant. Stakeholders of the law; law enforcement officers, lawyers, forensic analysts, and fact finders, should be certain that the biological evidence has been properly preserved, processed, stored, and tracked to avoid contamination or degradation.
The duty of a police officer is to enforce the law, investigate the crime that has been committed, apprehend the offender, reduce and prevent crime from occurring, maintain public order, ensure community safety, provide emergency and related community services and protect fundamental rights and freedoms of individuals.” (Schmalleger, F., 2012, chapter 1 page 10). A police officer will tend to be the first to respond to a call about a crime being committed. After the officer has assessed the situation of the crime and has determined if there is probable cause, they will then apprehend the defendant and take them into be processed. From their the defendant will wait in jail until the their arraignment, which usually happens within 48 hours. A District Attorney is a public official who acts as prosecutor for the state or the federal government in court in a particular district (Hill 2005).
For felony assaults, the victim may be unwilling to cooperate because he/she wants to settle the dispute personally, believes he/she deserved the assault and does not want the perpetrator punished, or fears reprisal. Witnesses and other parties who have valuable information about criminal homicides may also fear revenge from the suspect, fear of implicating him/herself in the crime or for other reasons simply do "not want to get involved." Furthermore, once a suspect has been identified, given the gravity of the offense and the punishment that he/she faces, obtaining a confession or at least enough information to arrest and later prosecute can be a formidable task (McGraw-Hill, 2002). Finally, criminal homicides, in particular, can generate a lot of media attention and public scrutiny for the department. Pressure to solve the crime from both inside and outside the police agency creates added strain on the criminal investigator (McGraw-Hill, 2002).
This is not only to keep track of who has what, but in the event something gets misplaced or lost it can be quickly found where its last location was. It is also used to make the evidence legally admissible in court due to the fact it was made tamper resistant and protected by the chain of custody (US Legal, 2012). With the thought of tampering with evidence or a crime scene overall the thought comes to mind of the mass media storming the site of a crime. Nothing can destroy evidence faster than the stampeding circus of media all over an improperly secured crime scene. In such cases as Branzburg v. Hayes and Richmond Newspapers Inc. v. Virginia, the Supreme Court ruled that media presence at Supreme Court hearings was allowed according to the 1st amendment.
The role of a prosecuting attorney is to review all evidence against a person or party and build a case against the person(s). A prosecutor is typically in charge of bringing criminal charges against a person(s) and presenting their evidence to a court to assure a conviction. They work directly for the district attorneys office of a jurisdiction and are responsible for presenting the state’s case against the defendant. The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are an affront to the public. The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case.
Prosecution versus Defense Sherri Porter Introduction to Criminal Court System December 4, 2011 Stephen Slaughter Axia College of University of Phoenix Prosecution versus Defense Two very important roles in the criminal justice system are the defense and the prosecution. Holding the criminals accountable for their actions, and proving they were the ones who did it are the prosecutions responsibility. The defense is in charge of making sure the person accused of the criminal offense is proven innocent of the criminal act they are being charged for. The defense also makes sure the accused gets a speedy trial. The prosecution’s job starts the minute they are informed about the criminal act the person is being accused of.