Depending on which state a person is within, the criminal justice changes in rules, procedures and terms; the punishment for crimes committed within the United States are all alike. A crime is considered any act that pays no attention to the federal laws of America. However, not all violations of law are held to the highest standard of punishment. Offenses can differ from a speeding ticket to homicide. Depending on the offense committed will determines the result of the punishment. The criminal justice system which is part of the government assesses and regulates these sentences, ensuring that the punishment fits the unlawful act.
The criminal justice system is influenced by constitutional law and has grown over the years. Criminal Justice System Criminal justice system maintains these components to help aid the process to discipline criminals. The criminal justice system consists of three main parts: Law enforcement, courts and corrections department. In a criminal justice system, these assorted agencies function together, both under the rule of law; and as the principal mean of preserving the rules of law within our civilization. The first part of the criminal justice system is the police.
These law enforcers catch criminals, examine the facts, and give evidence in court on behalf of the witness. Depending on the crime committed, police do have the right to take felons criminals straight to jail while pending a court date. The second part is the court system. For the most part, in court there is a prosecutor, a judge and a suspect who are formally known as the defendant. The prosecutor is an officer selected by the government, to prosecute all offenses. The prosecutor introduces the allegations against the defendant that is suspected to be guilty.
However, if the prosecutor’s facts are not satisfactory or accurate he or she will drop the charges; releasing the defendant. The arraignment first appearance of the defendant before the court is the trial process. The judge, who is the facilitator, reads the charges to the defendant to enter a plea. Acceptable pleas in general include not guilty, guilty and no contest. If the defendant pleads guilty, the case is simple to sentence because of his or her admittance to the participation in a crime. Nevertheless, if a efendant carries out a not guilty plea, the defendant is facing a jury, prosecutor, and judge to decide his or her outcome. In the majority common law jurisdictions, the jury is accountable to find the details of the case, then after the judge decides the law. These groups of the accused are accountable to take note to the argument, weigh up the proof, determine on the information and make a decision in agreement with the rules of law and their jury directions. The jury only judges guilty or not guilty, but the real penalty is done by the judge.
Finally, the third part is corrections. Depending upon crime committed, the judge could sentence the defendant to imprisonment where they do time for their crimes or probation which they will perform community service as condition of their probation. Probation officer supervises the offender. If he or she breaches probation, he or she possibly will be sent to prison. The justice system is very important part of civilization. It bring about to justice individuals who infringe on the laws passed to defend the public as a whole, make certain in principles that the penalty fits the crime.
The system has three essential components, and all are significant in the administration of justice. Criminal justice procedure differs from each state and engrosses the subsequent steps: investigation and arrest, warrant, questioning, complaint, or indictment, arraignment of defendants, bail, discussions, pretrial, judgment and plea. One of many steps taken by law enforcement would be investigating the complaint from an injured party. The police will then give an account on the crime.
Next procedure would be subject a search warrant to the investigating officer. The police will go to court to talk about the evidences concerning the crime to the judge. Second, for the investigating police officer will be to, after the suspect has been Mirandized, make an arrest; however, a search warrant and questioning may take place before the arrest in order to find the suspect and get enough evidence to support the committed crime. If the suspect is under circumstances that are exigent, the investigation will become apparent to a straight arrest.
Third, a complaint is written in order to start the criminal justice process. A complaint is essentially the criminal charges written by the detaining officers. The complaint will be written before or after the arrest. Fourth, during the arraignment the accused will stand before a judge where a preliminary hearing will take place in court, then the allegation are interpreted the judge will ask for the defendant or defender to enter appeal of guilty or not guilty. Fifth, the bail pretrial detention and/or bail.
This would be some form of property deposited or pledged to a court to persuade it to discharge a suspect from incarceration. Bail can be paid in three different ways: currency or bond and/or a guarantee of assets if the court authorize. Sixth, is the trial, during this stage the defendant supply evidence (s) or reason(s) with the jury in defense of his or her criminal charges, while the prosecutor display documentary evidence and witnesses against the defendant’s offense. The final stage is the judgment.
Based on the defendants and prosecutor’s evidence the jury and judge will establish whether the suspect is guilty or not. The judgment will be interpreted to the defendant in open court. Conclusion Our criminal justice system has a crucial role in today’s culture; the criminal justice system is a deterrent to people who may be considering committing a crime. Without this system in place, crime as we know would increase in numbers. The components and process of the criminal justice system brings forth justice to the guilty, deliverance to the wrongfully and justice to the victim(s).
Retrieved from: The Major Components of the Criminal Justice System | eHow.com http://www.ehow.com/list_6529571_major-components-criminal-justice-system.html#ixzz1DEDH0fYV Retrieved on February 2, 2011 Retrieved from: http://ezinearticles.com/?Criminal-Justice-Process&id=354272 Retrieved on February 4, 2011