...The Criminal Justice system contains and is built around many laws and concepts which either help better the system or hinder it. Out of all of them, I believe the most important concept of all is due process. The least complex way of describing due process would be to simply call it “procedural fairness”. However, in the textbook it is defined as what “ the U.S. Constitution requires that criminal justice case processing be conducted with fairness equity.” The 5th, 6th, and 14th Amendments of the U.S. Constitution all guarantee this right. Without due process criminal justice would be incomparable with the amount of “justice” actually being brought from the system to our communities. One of our individual rights warranted to us by the...
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...In each component of the criminal justice system, there is an important decision to make pertaining to if an offender will be arrested, tried, or arrested. To best explain the flow of the criminal justice system, one must look to the formal criminal justice process. An offender starts the criminal justice process by first engaging in initial contact with the police. When this phase has past, an investigation must take place; this phase can last anywhere from a few moments to several years, and can involve only one officer or several hundred. The police must gather enough sufficient evidence to identify a suspect and to support a legal arrest. In order for an arrest to occur there must be probable cause, the officer deprives the suspect of his individual freedom, and finally the suspect believes he or she is now in police custody and lost his or her freedom. For smaller cases, such as a misdemeanor, the officer must have witness the crime personally in order to make an arrest....
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...In the United States, there are millions of people in United States prisons and jails and millions of people in our probation system. Imagine all those people moving through our criminal Justice system, judges have caseloads after caseloads of work. That is why the criminal justice system has created a process to keep everything running, as it should and assuring that justice is served. There are several different phases in the criminal justice process. Even after the offender is convicted of a crime, the process keeps moving forward. After an offender has been convicted of the crime, in other words, found guilty, he now faces the sentencing phase of the process. During this phase, the offender is brought before the court so that the offender’s...
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...Compare the three models of the criminal justice process (the Wedding Cake, the Funnel and the Net Models) The criminal justice process is very complex process and varies from state to state. Three models of the criminal justice process as discussed and reviewed in chapter 9 of out textbook are the funnel, wedding and net. (Meyer, Grant 2003) In this essay I will compare these three models of the criminal justice process and give my opinion on which model I think best describes the criminal justice system as it is today. I will also give you a rationale for the choice that I choose. The first model I will discuss is the funnel model. This model looks at how decisions are made at each level in the criminal justice process and sort out those people and cases that it feels should not go through the entire process from those whom it feels should. This process is used as a means of limiting the number cases to a small percentage of cases that have to be resolved by trial advocacy and incarceration. The process limits the amount of offenders in court and incarcerated at any given time. The benefit of this model is it prevents the criminal justice system from becoming backed up. The truth is the criminal Justice system is already backed up, and crimes are increasing on a daily basis. A common misconception of the funnel process is that it "lets criminals off,” however this is not true. Most cases are often dismissed or pleas are bargained due to lack of evidence. The truth is that...
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...Probation is one of the most commonly form of criminal punishments in the United States. (Assoiation, 1995) It is a form of babysitting/supervision and care of a probation staff member in lieu of imprisonment for the criminal Justice system while the offender is awaiting trial. Probation is not a dismissal of charges. Some people feel it’s a get out of jail free card or a slap on the wrist. Some offender will still committed further crimes. Probation is a basic tool of rehabilitation for first time offenders and for some offenders who have more than one offense will still receive probation. Probation may be one of the offenders punishment condition for the order of the crime. There are outline of orders of events in the criminal justice process...
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...The conflict and crime model of justice places a high priority on reducing criminal activity in society by increasing the powers of law enforcement personnel and the prosecutors. The consensus and due process model places emphasis on the individual’s rights and liberty and is concerned about the overwhelming power of the government over the individual. The role each plays is the same, which means each model is funded by the government. The crime control model is in complete agreement with programs that are funded to prosecute with an iron hand. The due process model supporters want less government involvement and more humane treatment. The United States is at great risk in the war against terror. The American homeland is not secure even though there have been several new laws passed such as the Patriot Act, the Visa Reform Act, enhanced border security, and reorganization of several federal government agencies into the Department of Homeland Security. The United States Department of Justice has asked that state and local law enforcement help secure the American homeland. The federal government has groups involved in maintaining border security, other officers working on immigration enforcement, but many feel as though the government has taken a “hear no evil, see no evil and speak no evil” approach to illegal immigration. Police at the state and local levels often are puzzled about how much authority they have in regard to immigration laws. Local law enforcement officers...
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...The Criminal Justice Process Edith Lewis Criminal Law & Procedure (BLJ1442A) Agustin Pena November 15, 2014 The Criminal Justice Process Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made. Each state has their own way of processing felony criminal charges in a state court. They have their own procedures and rules that describe the criminal justice process for their states. The first step in the criminal justice process is the investigation. Before an arrest can be made in a crime, a crime must be committed and reported so that an investigation can be initiated. The Criminal Justice Process, 2014 noted that, “During the investigation the investigating officer seeks to obtain a search warrant if there is enough evidence in a particular location” (The Criminal Justice Process, 2014). When the investigators submit the information to the judge, the judge decides if there is “probable cause” to issue a search warrant for...
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...The Criminal Justice Process Katelyn Farlow CRJ 306 Criminal Law & Procedure Instructor: Robert Schneider June 2, 2014 The criminal justice process is made up of many steps and procedures; however they are made up of many stages. These stages break up the process in order to make sure no steps are missed before the final decision has been reached. It all starts with an arrest, then bail must be determined, pleas entered, hearings scheduled, and motions heard. “In addition to the law enforcement officers who investigate and arrest, several other parties participate in this process. They include prosecutors, defense attorneys, witnesses, judges, and juries” (Wright, 2013). Let’s take a look from beginning to end. First and foremost there is an investigation by law enforcement officers. The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest. An officer tried to gain enough evidence to get a probable cause. A probable cause is the standard of proof required for a search. “Probable cause is sufficient proof that would lead a reasonable person to believe a person has committed a crime” (Wright, 2013). Probably cause deals with crimes that have already been committed and that there is evidence pointing to a certain person. Probable cause allows for search warrants to be issued and suspects to be detained. If there is no probable cause or a crime that has already occurred an officer may act on reasonable suspicion. When...
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...Criminal Justice Process Alma L. Daniels AIU Criminal Justice Process How does the United States deal with problems related to civil order control? All one needs to do is to take a look at Kent State, Ruby Ridge, and Waco just to name a few to see how the United States deals with civil disorder. The United States Civil Disturbance Plan 55-2 the original name for this project is called “Operation Garden Plot.” This was to be used to deal with civil order. Here is one situation where they would use this “Planned acts of violence or civil disobedience which through arising from the cause as (1) above, are seized upon by a dedicated group of dissidents who plan and incite purposeful acts designed to disrupt social order.” (©2005, Yurica Report) So in order for the United States to maintain civil order control they can use this plan. They also can call out the following people FBI, U.S. Marshals’, DEA, ATF and the Arm Forces along with the National Guardsmen to deal with any civil uprising. Since May 4, 1970 at Kent State until now in 2011 the United States has change the way they handle things related to civil order control. Civil order control means more than just violent crimes it can also mean disasters, national emergencies and it also deals with crowed events like protest like they are having on Wall Street now. They can still call out the National Guards and Arm Forces along with ATF, DEA FBI, and U.S Marshals’ to help handle things. They also have medical...
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...Final Project: Appeals Process Paper University name here Your name here CJS/220 09/99/2012 Instructors name here What is an appeal? An appeal is a process which assists defendants from wrongful incarceration, (What are Appeal Courts for? 2004). An Appeal if successful allows the higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of...
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...Criminal Justice and Courtroom Process. CJA491 December 17th 2012 Criminal justice and courtroom process. This case happen in June, 1994 There were two brutal murders that occurred. The husband was notified of his wife’s death. The husband returns home from a business trip only to be handcuffed as a suspect in the murder of his wife. The husband is assigned council, and while in custody the husband eludes his council. Later found arrested and accused of murder. The husband is accused before a grand jury. Then after a six day preliminary hearing ends, sufficient evidence including blood, hair, and bloody shoe prints were proof found significant enough for him to stand trial with two counts of first degree murder. The husband pleads not guilty before the judge in trial. The district attorney files motion to sequester jury, which means the district attorney motioned for the jury to be isolated. The district attorney proclaims the desire for the death penalty. The judge approves a search warrant is obtained to search the home of the husband and his deceased wife. A month later a jury is selected with an over populated amount of same race as defendant. A month later an alternative jury selected. In January of the following year the defense waives hearing for the challenge of the prosecution’s DNA evidence. The jury is once again secluded, and the hearing for domestic abuse is held, bringing forward evidence that...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...Criminal Justice Process 1 Criminal Justice Process Betsabe Aguirre CRJ 100, Section 010016 Professor Nicholas Myles, J.D. October 12, 2010. Criminal Justice Process 2 Criminal Justice Process Imagine living in the US where crime is out of control. Where laws are broken and there is no punishment for our actions. It wouldn’t be a nice place to live. This is why we have the criminal justice process. The agencies of criminal justice must process the cases that come before them. They begin with an investigation of the reported crime. Placing crime under control is a complicated process requiring information and following many steps. It consists of Investigation and Arrest, Pretrial Activities, Adjudication, Sentencing, and Corrections. Investigation and Arrest The first step in the criminal justice process is investigation and arrest. When a crime has been committed the first thing law enforcement does is conduct an investigation. Evidence is gathered at the crime scene and a follow up investigation to try to put together the sequence of activities. Depending on the results they may choose to arrest an individual or individuals. If they make no arrest the process is complete. But if an arrest is made the suspect will be booked. When the suspect is being booked which means a procedure where pictures are taken, fingerprints are made, and personal information such as their name, address, date of birth, weight, and height is gathered and put into the system. Details...
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...Criminal Justice System CJA-204 June 01, 2015 Criminal Justice System Crime is “any act or omission in violation of penal law, committed without defense or justification, and made punishable by the state in a judicial proceeding” (Schmalleger, Hall, Dolatowski, 2010, p. 4). Laws are principles and regulations that are established to keep the people in some form of order. If the people stray from these regulations and principles, they may actually be committing a crime. Government Structure The criminal justice system is made up of agencies from the local, state, and federal levels. There are also three branches of government. These three branches of government include the Legislature, Judicial, and Executive branches. The legislative branch is responsible for making the laws. The judicial branch is responsible for determining if laws are constitutional and can also overturn prior rulings by other judges. The executive branch is responsible for signing and vetoing laws. A president is elected, by the people, to be the head of the executive branch every four years. Choice Theories Choice theories are explanations as to why crime is committed. These theories come in the form of eight general categories. These categories include classical, biological, psychological, psychobiological, sociological, social process, conflict, and emergent. Classical theory involves the individual’s exercise of his or her free will. Biological theory refers to genes that cause...
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...Criminal Justice System Paper Pablo Zausa CJA/204 September 25, 2012 Professor Brent Kagawa Criminal Justice System Paper In CJi module interactive learning, crime is defined “ a conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.” There are many points of view and controversies in defining what crime is, it is complex and very difficult to agree upon. From a sociological standpoint, it suggests that the concept of crime should include many behaviors that are not defined by laws or the political process. It views crime as any antisocial act the needs to be repressed to maintain society. In psychological standpoint, it suggests that the crime is an individual’s way of expressing the inability to follow the social norms. The psychological view does not care about the traditional elements of crime, if a person cannot respond appropriately or effectively to the demands of the environment, then the individual is criminal or maladaptive. Other people define crime that any wrongdoing and action against the law of God whether as revealed in the Bible, the Koran, or the Torah which naturally recognize as against God’s will irrespectively of what the State of law say it is still a crime. My definition of a crime is any unethical behaviors, actions that a person committed against the law whether it is the State, Federal government, local jurisdictions...
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