During the hearing the defense will motion to suppress any evidence against them that could lead to a guilty plea. Preliminary hearings can have many parts and they usually last up to an hour and a half. After the preliminary hearing the information or indictment stage occurs and the prosecutors will continue to seek fir
The judge will determine if the prosecution of defense has a stronger argument B. Defendants are released if enough evidence is not provided at preliminary hearing III. Arraignment A. Defendants are formally charged with the crime they are being held for B. The defendant enters a plea 1.
The key difference between these two models is that the crime control model is much more harsh and unrelenting; it emphasizes controlling crime via punishing suspects while the due process model emphasizes careful examination to ensure less innocent people are unjustly convicted. The crime control model places an emphasis on "placing as few restrictions as possible on the ability of law enforcement officers to make discretionary decisions in apprehending criminals"(Gaines). Under this model, courts would be more willing to convict offenders, even with an absence of compelling evidence. For example, a court would be more willing to accept a police officer's account of a homicide without careful cross-examination under the crime control model in order to repress crime. In contrast, the due process model emphasizes "protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections" (Gaines).
The two models of crime with the aim of contrasting each other for decades are the crime control model and due process model. The due process model is the attitude that a person cannot be stripped of life, property or liberty without suitable legal processes and precautions. Any individual that is appointed with a crime is demanded to have their civil rights confined by the criminal justice organization below the due process model. The crime control model for rule enforcement is founded on the statement of complete dependability of police fact-finding, covers arrestees as if they are already originate responsible. (Johnson, 2002) Role of Law Enforcement Crime control model cites to a possibility of criminal justice which places stress on dropping the crime in company by altered law and prosecutorial authority.
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.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
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. The Due Process is a process designed to “guarantee all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property” (Due Process of Law. (n.d.)). People who are in jeopardy of becoming incarcerated for either a short of long period of time are entitled to legal protections such as: a right to an attorney and a trial by a jury of peers. It is services like this that help provide due process of law.
A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. With sentencing, you have two different types you have consecutive sentence and concurrent sentence. With consecutive sentence it is when offenders found guilty of more than one charge may be ordered to serve one sentence after another is completed. With a concurrent sentence it will run at the same time. Then you have the corrections, when an offender is charged then the correction stage begins.
Depending on the crime: misdemeanor, felony, or petty offense; punishment is rendered after a conviction is determined. Mitigation by the defense attorney occurs prior to sentencing. According to The Law Offices of Patrick Maher (n.d.), “after a guilty finding, the judge gives the attorney an opportunity to speak on behalf of the client. This is called mitigation, defined as “to make less severe.” This is a very important part of the process and can have a dramatic impact on the judge’s decision.” The crime and circumstance dictates punishment and sentencing. Punishment can include probation, imprisonment, community service, and fines.
Adjudication (trial, basically) occurs to determine guilt or innocence. If convicted, then comes sentencing. Once sentenced, corrections comes into play (via jail time or other punishment), then probation and