Procedures In The Criminal Justice System
Procedures In The Criminal Justice System
The criminal justice system is a complex and intricate system involving several procedures. After a crime is committed and observed, it is reported to the relevant law enforcement agencies. Immediately after this, there is an investigation and the suspect is questioned and arrested. Depending on the turn of events, the suspect is arrested or not. Incase there is no arrest, there is further investigation. After the arrest, charges are filed and incase there is evidence, the suspect has an initial appearance in court. The suspect can also be released without prosecution incase there is insufficient evidence. The first hearing normally sets the precedence for other hearings. After the first hearing, the suspect goes for a preliminary hearing which determines whether there is a substantial claim or not. If the claim is insubstantial the charges are dropped and the suspect goes home. In case there is substantial claim, the suspect goes for a bail or detention hearing.
The first step involves an entry into the justice system (Roscoe, 1999). This involves discovery of a crime by an informant or other citizens and further reporting to the relevant authorities. An investigation is conducted using the scene of the crime or other relevant material and a suspect is established and apprehended. In case there is no evidence, the suspect has to be released. In some cases, the suspect is apprehended at the scene of the crime or there is sufficient evidence. This allows the case to go forward into the system. After the arrest, the law enforcement agencies involved, present the information gathered regarding both regarding the case and the suspect to the prosecutor. The prosecutor is mandated with the task of weighing a case with the intent of determining whether formal charges can be laid up by the court against the suspect (LaFave, 2000). Incase the prosecutor determines that there is no worthy case, the suspect is released.
The suspect is then taken to the judge or to a magistrate for an initial appearance. This provides an avenue for the judge to formally inform the suspect of the charges against him. The judge further evaluates the weight of the case and determines whether the suspect should be prosecuted or should be released. In case of minor offences especially for fist time offenders, the judge determines the punishment at this stage. In cases where the judge feels that the offence is serious, a defense counsel is appointed for those who cannot afford it. A pre trial release or bail decision can be made at this stage or at subsequent hearings (LaFave, 2000). This is usually determined by the suspects’ history, residence and the ties with their families. The suspect may be released into the custody of a relevant and responsible person after the bail is posted.
A preliminary hearing is then arranged in which the court determines if there is cause to believe that the offense was committed by the suspect. Incases where a probable cause cannot be determined, the judge is forced to release the suspect. If a cause is determined by the judge, the suspect gets no preliminary hearing. The case can then be handed over to a grand jury that investigate and determine whether the suspect should get an indictment. In some cases the suspect waives the grand jury and instead offers information. In such cases the suspect may be released or his service determined by the prosecutor and counsel (Roscoe, 1999). Once an indictment is filed, the suspect is then scheduled for an arraignment by the court. This is called adjudication. The accused is once again informed of the offence and their rights. The accused can either accept the plea or admit guilt in which case the judge has the final decision to accept or reject the plea. Incase the judge accepts, there is no further trial and the offender is sentenced appropriately. In case the judge refuses the plea or the accused pleads not guilty, a date for the trial is determined. After the trial and a conviction, the jury or the judge is mandated to impose a sentence. In case there is no conviction, there is no sentencing and the suspect is set free. The judge normally determines the sentencing based on the law. Capital offenses normally require a jury. A sentencing hearing is carried out in some jurisdictions. The suspect can be sentenced to probation or specific sentences which have to be carried out without chances of parole. These sentences are usually carries out in correction facilities including jails for short term sentences or prisons for long term sentences.
In conclusion, the criminal Justice System is a time and resource intensive process which requires professionalism in each of the stages. The legal system requires that each of these procedures in the system be followed to ensure a successful hearing. Most of the cases thrown out of the legal system are usually due to improper investigations or lack of professional and procedural acuity in the arrest and further arraignment.
References
LaFave, W., (2000). Arrest. Boston: Little Brown & Co.
Roscoe, P., (1999). Discretion, dispensation and mitigation. New York: New York University
