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1. The Processing of a Criminal Case in a Criminal Justice System Criminal Justice System is created to try people charged for certain crimes. A crime is defined by law as an act or omission for which, if a person is found guilty, he is sentenced to death, imprisonment or fine, or, sometimes, both imprisonment and fine. The reason for filing a criminal case is usually a felony, which is divided into two categories Person Felony (robbery, rape) and Non-person Felony (burglary and other property crimes). (Criminal Case Process, 2005) Government bears the burden of proof in the criminal case; proof is required to be beyond reasonable doubt and innocent until convicted concept is applied to all criminal defendants. (Criminal Case, n. d. ) All defendants charged for criminal offence have the right to retain an attorney who will assist in their defense. If they cant afford one, then the State will appoint an attorney to represent the case. (Criminal Case Process, 2005) The criminal case process usually starts with the arrest of the suspected person, which is preceded by pre-arrest investigations.
The latter take place when a law enforcement agency has already contacted the suspect, but he has not been arrested yet and charges have not been filed. At this stage the best decision would be to hire an attorney who can try to prevent filing of or reduce charges, assist with surrender and thus avoid arrest, or even work towards informal resolution of the case. (Tsimberg, 2004) The arrest is carried out by a law enforcement officer in case police has probable cause to arrest a suspect, which may be loosely described as a good reason to arrest. (Tsimberg, 2004, 7) In case of misdemeanor, arrests can take place only for crimes, which occurred in the presence of arresting person and with a warrant. (Tsimberg, 2004) This is the stage, when Miranda Warnings are read to every one who is arrested, which inform the person of his right against self-incrimination. (Criminal Case Process, 2005) After the suspect is arrested, he is taken to a police station for booking. During this stage the person arrested is asked definite routine questions, undergoes an inventory search, is photographed and fingerprinted. This is followed by post-arrest investigations that are conducted after the arrest but before criminal charges are filed by the prosecutor. (Tsimberg, 2004) Then the prosecutor makes a decision to charge a suspect with a crime.
It can also be District or County attorney in state cases or City Prosecutor in city cases. In no case can it be the police who file the charges, as all they can do at this point is to make recommendations to the prosecutor. (Criminal Case Process, 2005) Filing the complaint to show that certain charges are being brought up against the suspect is the next stage of a criminal case process and is done by the prosecuting attorney. (Tsimberg, 2004) After that the arraignment takes place, when the defendant is read his rights and the charges against him. This is the time the bail is set, the amount of which depends on the seriousness of the crime. At this stage the defendant also answers to the charges by pleading guilty, not guilty or no contest (same as guilty plea but cant be used against the defendant in a civil case). (Tsimberg, 2004) In criminal trials the prosecution has a duty to provide discovery upon request from the defense, this includes police and medical reports, psychological evaluations and so on. (Criminal Case Process, 2005, 22) Preliminary hearing, which is the next step, is necessary for the Judge to decide whether there is a probable cause and sufficient evidence to support the charges against the defendant. (Tsimberg, 2004) If so, after the jury has been selected, the trial begins. It basically consists of opening statements of both the prosecutor and the defense attorney, direct examination of their witnesses and cross examination of the opposing ones and the trial ends with closing arguments. Its now the turn of jury to make a guilty or not guilty decision. (Tsimberg, 2004) If the defendant is found guilty, the next step is sentencing, a court hearing at which the judge determines the punishment.
It is possible that the accused can be sentenced to Probation, either formal or informal, instead of prison. (Tsimberg, 2004) If, however, convicted to prison term, the accused is entitled to appeal any guilty verdicts. The prosecutor, however, cannot appeal a not guilty verdict because of the double-jeopardy rule, which says that someone cannot be tried twice for the same crime. (Criminal Case, n. d. , 8) Finally, a person can be released from prison before his term is over and serve the remainder of it being supervised. Parole, as its called, is conducted like Probation, which presupposes regular meetings with parole officers and foregoing the possession of weapons and not associating with known criminals. (Tsimberg, 2004, 15) References: Criminal Case Process. (2005). The Law Office of Roger L. Falk and Associates, P.
A. Retrieved June 14, 2005 from web Criminal Case. The Process of a Civil and a Criminal Case. (n. d. ). Retrieved June 14, 2005 from web Tsimberg D. (2004). Legal Article the Process of a Criminal Case.
Retrieved June 14, 2005 from web 2. The Historical Development of Law Enforcement in England and the U. S. Many historians believe that such relations as those of crime and need for law enforcement existed since ancient times and still form the foundation for the mankind development both culturally and socially. (Neff 1, 1998) It was during the 12 th century that police service system as well as criminal law enforcement system evolved in England. The Anglo-Saxon sheriff (leader of the county) received the authority of law enforcement. (The way the community members had the responsibility to bring the guilty person to the sheriff for justice is the basis for a suspects arrest today. ) With the increase of the population, sheriffs got the right to appoint 4 - 6 men in every town for the night watch. These were forerunners of patrol officer of today.
This English watch and ward system was also brought to America with the early colonists. (Neff 1, 1998) The Westminster period (1285 - 1500) in England had seen such advancements in law enforcement as the bailiff who became the chief law enforcement officer, the rank of sergeant and justice of the peace. The latter was the office created in each county to grant bail to the accused. Probation officers also appeared during this time to oversee the custody of the released. During the time of Oliver Cromwell, England was divided into 12 districts, each with a provost marshal serving as a judge and mediator. (Neff 1, 1998) In America, the first law enforcement system was established in 1631 in Boston, the night watch, which was taken from the English.
Due to colonization America saw various kinds of law enforcement depending upon whose territory it was Spanish, French or English. However, it was England that had the greatest influence on American law enforcement of today. (Neff 1, 1998) In 1712 Boston again was well placed to develop the first in the U. S. law enforcement officer system that was full-time paid and in 1789, the U. S. Congress created the United States Marshals the first Federal law enforcement officers. (Neff 2, 1998) Meanwhile, in Great Britain Home Secretary Peel introduced the Metropolitan Police Act into Parliament.
In this way Peels Principles became the basis for Law Enforcement all around the world. New York adopted them in 1833. Next several decades saw new accomplishment both in the US and in England. In Texas the oldest law enforcement agency in America was created, the Texas Rangers and English Parliament passed the Obligatory Act of 1856 that ensured that every county had law enforcement body and could finance its operation. (Neff 2, 1998) The finger printing was first used in the US in 1902 and in 1911 the fingerprint classification became the primary identification method. The Sheriff, responsibilities of whom varied from state to state, remained a consistent policing authority throughout the country. In 1954, Los Angeles County was the first to initiate contract law enforcement.
Now, practically every new city contracts with the county for services of the police. (Neff 2, 1998) American law enforcement today is separated into different levels, from the federal to the local. Federal agencies include the Federal Bureau of Investigation, the Drug Enforcement Administration, and the U. S. Marshals Service, among others. The main agency at the state level is usually the state police. On the local level, the sheriff is the chief officer of a county law enforcement agency, usually responsible for enforcement in unincorporated areas and for the operation of the county jail. (Law Enforcement Issues in Policing, 2001, 4) References: Neff S. (1998).
The Concise History of Law Enforcement. Part 1. The Info Justice Journal. Retrieved June 14, 2005 from web Neff S. (1998). The Concise History of Law Enforcement.
Part 2. The Info Justice Journal. Retrieved June 14, 2005 from web Law Enforcement Issues in Policing. (2001). Retrieved June 14, 2005 from web 3. The Death Sentence Death sentence is a form of lawful punishment and has been used for a variety of crimes since ancient times. In medieval times there were a lot of capital offences and as a result hundreds of people were put to death.
However, there was also an argument led by such academics as Cesare Beccaria, the Italian jurist, Voltaire, the French philosopher and Jeremy Bentham and Samuel Romilly, the English law reformers, about the needless cruelty of death penalty, it being overrated as a deterrent and about life imprisonment as a rational alternative. These ideas and reform efforts bore fruit and today, death sentence is practically abolished in Europe and Latin America. In countries of Africa, Asia and the Middle East, as well as in America, capital punishment for certain crimes is still retained and imposed with varying frequency. (Thoughts on the Death Penalty, n. d. ) There are several ways of execution: electrocution, gas chamber, hanging, beheading In 2004 shooting and hanging, the most common methods of execution, were replaced by lethal injection. It is now almost universal in the USA and being used more extensively in China and the Philippines.
In some Islamic countries, stoning for sexual offences may still happen. At present, China carries out the most death sentences for a range of offences. The problem of whether or not modern society should have such punishment as the death sentence seems never to come to a definite solution. Capital punishment has its defenders and opponents and both groups have sound reasoning and can be understood. The reasons for the death penalty are basically two incapacitation of the criminal and cost effectiveness.
The former implies that the death sentence takes care of the worst criminals by permanently removing them from society; dead offenders will not commit any further crimes, will not escape from prison and will not represent any threat in any form. Moreover, such a solution proves to be safer and cheaper the country will do much better spending money on the old and the sick rather than keeping murderers, rapists and the like in prison for a long term. Another reason the supporters of the death sentence provide is retribution, the criminal should be made to suffer in proportion to the committed crime and execution in this context is seen as a very real punishment compared to some kind of imprisonment or rehabilitative treatment. (Thoughts on the Death Penalty, n. d. ) At the same time, there are a number of arguments against the death sentence. The most significant is the possibility that innocent people can be executed and there will be no way of compensating them for this justice mistake. Even if the real criminal gets capital punishment sentence, his innocent relatives and friends go through the hell during the time before and after execution, which will often cause serious trauma.
The advocates of the death penalty abolition also point out that criminals are real people too and they feel pain, fear, and the loss of a loved one, just like we all do and there is no form of killing a person humanely, every method of execution will cause the accused suffering and will be a gruesome and terrifying ordeal, the mental torture. The death penalty is the bluntest of blunt instruments it removes the individuals humanity and with it any chance of rehabilitation and their giving something back to society. In the case of the worst criminals this may be acceptable but is more questionable in the case of less awful crimes. (Thoughts on the Death Penalty, n. d. , 24) Internationally, the voices against the death sentence are prevailing and doubts about the fairness and accuracy of capital punishment have significantly increased in the U. S. , as has the support for life imprisonment without parole. The number of death penalties in the U.
S. has decreased by almost 50 percent in recent years. (Dieter, 2003) However, its yet to be decided whether its a step in right direction or no. References: Dieter R. C. (2003). International Influence on the Death Penalty in the U.
S. Death Penalty Information Center. Retrieved June 14, 2005 from web Thoughts on the Death Penalty. (n. d. ). Retrieved June 14, 2005 from web 4. Prisoners Rights Prisoners rights are powers and protections granted by the law to inmates.
These rights are ensured by both international as well as national sources of law. The International Covenant on Civil and Political Rights (ICCPR) is the main document that protects the prisoners rights. Article 10 of ICCPR declares, All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. It also ensures that the reform and social readaptation of prisoners is an essential aim of imprisonment. (cited in International Human Rights Standards Governing the Treatment of Prisoners, 2004, 1) This and several other international documents define the human rights of imprisoned people guiding governments to comply with international legal obligations.
Thus, the Basic Principles for the Treatment of Prisoners, declares: Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants. (cited in International Human Rights Standards Governing the Treatment...
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Research essay sample on Law Enforcement Officer Criminal Justice System
