The Criminal Justice Process

Abstract This paper describes all the steps taken during the criminal justice surgical operation. It explains how important it is to follow due process according to the bill of indemnifys. During this process suspects are put through a series of steps, some within hours of an find and some whitethorn take days, weeks, and or months. The criminal justice process is numerous steps taken to process a criminal case beginning with an investigation and arrest. An investigation is through with(p) by the police and they must gather full bear witness to identify a suspect in order to make an arrest.In most cases, criminals are non arrested on the scene of a crime, they are apprehended after (Schmalleger, 2011). In cases like this, an arrest warrant is issued by a appraise if there is sufficient probable cause to make an arrest. Probable cause is the legal requirement for an arrest connecting a suspect to a particular crime. Arrest is always done with discretion and is a serious step in the criminal justice process. During an arrest defendants are warned of their Miranda Rights prior to questioning.Police feel they are on base hit ground by advising suspects of their rights immediately after arrest however an arrest with step to the fore questioning does non require a warning (Wiley Publishing, 2000-2010). Following an arrest, suspects are booked. The troth process is an administrative procedure. It includes pictures being taken, fingerprints, and personal incourseation is recorded such as date of birth, address, weight and height. Details of charges are put on the arrest record. Suspects are advised to sign a form with all(prenominal) right postulated.The second step in the criminal justice process is pretrial activities, which endure take place within hours of the arrest. In this step a suspect go away make their appearance before a magistrate where the judicial officer will tell them of the charges against them and once again is advised of their rights and may be offered bail. If a suspect post a bond on first appearance they may not flee, otherwise the cash deposit or home bond will be ordered to forfeit the posted cash or property (Schmalleger, 2011).Suspects who have serious crimes and are not afforded bail are taken to jail to wait for the next step which is a preliminary hear. During the first appearance, defendants who do-nothingt afford a lawyer will be appointed one. During the third step, preliminary hearing is a process where enough sufficient record must be established and exist against the suspect to continue in the criminal justice process. The defense has a chance to analyze the strength of the prosecution case and may request a plea bargain.This is also where the prosecution has a chance to build a case against the suspect and presents any evidence and may offer a plea bargain. The fourth step in the criminal justice process is indictment by grand jury. This is when the prosecutor has enough probable cause to prosecute a capital offense. During indictment, a defendant or a defendant lawyer does not have a right to be present at grand jury proceedings. Another option a prosecutor may take is filling a charge inscription called information.This is to determine if there is enough evidence to warrant a trial. A defendant and attorney can be present at the information hearing to dispute the charges (Wiley Publishing, 2000-2010). Step five in the criminal justice process is arraignment by a judge. This is when a defendant enters a plea of bloodguilty, not guilty or no contest (nolo contendere). An arraignment is conducted in open court and the indictment or information on the charge is read to the defendant. Step six, adjudication. This step points out that every criminal has a right to trial by jury.If there is doubt based on reason the accused is entitled to be acquitted. The type of evidence for a criminal conviction is guilt beyond a reasonable doubt. In most jurisdictions, criminal ca ses never come to trial (Schmalleger, 2011). virtually states allow trials for less serious offenses before a judge, called a bench trial. In other cases, a jury is said to be deadlocked, and a judge will declare a mistrial. Step seven is sentencing by a judge. If the accused is found guilty, a judge will impose a form of punishment.Possible sentences include a fine, probations, a period of incarceration in jail or prison or some have a cabal of supervision of the community and incarceration. Criminals found guilty, of one or more charges are ordered to serve one sentence after another is completed called a consecutive sentence. Or there sentence may run at the same time, called concurrent sentence (Schmalleger, 2011). In many cases convictions are appealed and filed by attorneys in appellate court and then ruled on appellate judges. If the appellate reverses a case, the case returns to trial court for retrial.The appeal process can be very complex and can involve both federal and state judiciaries. Even if a prosecutor drops the charges, the defendant can still be prosecuted later as long as the statue of limitations for the crime the defendant is being accused of committing hasnt run out. Appeals are based on the defendants claim that rules of procedure were not follow properly at some earlier stage in the criminal justice process. The last but not least process is corrections. penalty and or rehabilitation processed by local, state or federal correctional authorities.Once an offender has been sentenced, the corrections stage begins. Most inmates do not serve the complete term and are released before their maximum sentence expires (Wiley Publishing, 2000-2010). Inmates are assigned to confinement facilities and treatment programs. Not all offenders end up in prison. Some are ordered to prison and then have their sentences suspended and a probation term imposed. Offenders who have served a portion of their time may be freed on probation or parole. If condi tions of probation or parole are not met, it will be revoked and result in more jail time.In decision the criminal justice process is to be conducted with fairness and equality, the due process. This process must recognize the individual rights of criminal defendants facing prosecution by state or federal government. Due process is what guarantees the fifth, sixth and fourteenth amendment. No person shall be deprived of life, liberty, or property without the due process of law, and each state is bound and required to respect the due process rights of United States citizens who come under their jurisdictions. There are many more suspects and defendants than inmates. Wiley Publishing, 2000-2010) The Criminal judge bear upon Chart References Schmalleger, F. (2011) Criminal justice today An Introductory text for the 21st century (11th ed. ) Upper Saddle River, NY Pearson Prentice Hall Cliff Notes (2000-2010) The Process of Criminal Justice. Retrieved on October 19, 2010 from http//ww w. cliffsnotes. com/study_guide/The-Process-of-Criminal Justice. topicArticleId-10065,articleId-9909. html New Jersey Judiciary (2001) The Criminal Justice Process. Retrieved on October 19, 2010 From http//www. judiciary. state. nj. us/criminal/crproc. htm