Criminal Justice Process Law Essay Research Coursework

Criminal Justice Process
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Criminal Justice Process
Criminal justice is a process that involves a series of steps starting from a criminal investigation to the release of an incarcerated offender from prison. Decision-making and rules are at the core of this process. In criminal justice, decision-making entails more than understanding the laws and their application to cases at hand. Decisions are made according to discretion. Discretion is the individual exercise of judgment to make choices regarding an alternative course of action (Asquith et al., 2016). It comes into play when law enforcement makes choices about when to question, investigate, arrest, search, or use force. Prosecutors also use discretion in deciding whether to enter into a plea bargain with a criminal or charge them with crime (Cole, Smith, & DeJong, 2018). Similarly, judges exercise individual judgment when setting bail, accepting or rejecting plea bargains, making a ruling, and sentencing. The fact that the justice system entails elements from the search of a suspect to the trial of a real criminal makes it a complex issue. Each element has contingencies to ensure equal delivery of justice throughout these complex processes.
Summary of all the Steps between Arrest, Pre-trial, and Appeals for the Victim
An arrest is the beginning of the justice process, and it involves taking a suspect into custody as they await trial. The legal requirement for an arrest is a probable cause. It means that at the time of arrest, there is a reasonable link between the suspect and the crime committed (Meyan, 2019). The police can only arrest if they have a probable cause that convinces an involved party such as district attorney that an individual has committed a crime. After arrest, the prosecution of a criminal defendant by a district attorney begins (The Linder Law Firm, 2015). When deciding whether to place charges, prosecutors measure many factors, such as the strength of the evidence and the seriousness of the crime. The next step that follows is an indictment by a grand jury or the information filing by a prosecutor.
When the case before a grand jury, they must consider all the facts within the case, including any documentation presented to them by the defense attorney. Although the jury can choose to view this information, the defense lawyer may compile evidence before the grand jury. The probable cause remains the standard for indicting a person. A preliminary hearing is then held to determine if the prosecution has valid evidence to warrant trial (The Linder Law Firm, 2015). The defendant and their attorney can be present at the probable cause hearing to dispute the charges.
The next step that follows is arraignment by a judge. Before the trial, the defendant is arraigned in court and enters a plea where they plead guilty or not guilty (Wright, 2013). The next procedure is pre-trial detention or bail hearing. Detention is a period of temporary custody before the trial. Bail is a sum of money paid by the defendant to ensure they will appear for trial. This is followed by a plea bargaining between the prosecutor and the defense attorney. In plea bargaining, the defendant may agree to plead guilty in exchange for a sentence reduction.
The next step is a trial by a judge or jury. Once the trial begins, the jury must hear arguments from both the prosecution and the defense attorney and review the presented evidence and information from any witness. During the trial, jurors play a significant role in determining whether the defendant is guilty or innocent based on the arguments and evidence presented before the court (Welsh & Harris, 2016). The standard of proof leading to conviction is guilt beyond a reasonable doubt, implying that the prosecution has valid evidence that the defendant participated in the crime. If the jury or judge has doubt based on reason, they are left with no option but to acquit the accused (The Linder Law Firm, 2015). If the defendant is found guilty, the judge pronounces a sentence based on the seriousness of the crime. However, if the defendant and the defense attorney are not satisfied with the verdict, they can file an appeal in appellate courts. If an appellate court reverses the case, it returns to a trial court for retrial.
Contingencies of Each Stage of the Proceedings
There is a high possibility that the accused be prosecuted due to the availability of evidence beyond a reasonable doubt. The accused was arrested after the victim picked him out of a line-up after seeing him leaving her apartment on the day of the burglary. Although this serves as a probable cause, the judge, during the preliminary hearing, would consider whether the prosecution has tangible evidence before the case moves to the next level. The fact that the police found two pieces of jewelry that belonged to the victim when they searched the accused home would prove that the accused was involved in the crime. These would lead to the prosecution of the accused.
However, during the arraignment, the accused will plead not guilty, leading to the next process, which is pre-trial. In a pre-trial, many contingencies would appear with the prosecution, defense, and evidence. The prosecuting attorney must prove beyond a reasonable doubt that the accused is guilty of the crime in question, and all the evidence collected meets the legal standards. If the judge finds that the evidence presented was obtained was falsified or obtained legally. The entire case would be dismissed, and the officers involved in collecting the evidence would face criminal charges for misleading the court.
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