...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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...Sentencing. Sentencing May 20th , 2012 Sentencing is a major issue in our criminal justice system today. Here in the U.S, our courts have always struggled to maintain goals and balance our policies when it comes to criminal sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate"...
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...Introduction to Criminal Justice 100-105 Case Study Research Paper DRUG DISTRIBUTION March 09 2014 Introduction In today’s world many people are convicted for lots of different crimes and face the consequences for those crimes. For example, Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years. Also a person convicted of a first or second offense for the personal possession or use of a controlled substance must be placed on probation unless the person is also convicted of a violent offense. Incarceration may not be imposed as an initial condition of probation for a first offense. If a person convicted of a first offense is found to be in violation of probation or an act in violation of an order of the court related to drug treatment, the person may be incarcerated upon reinstatement of probation. Participation in an appropriate...
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...investigators during criminal investigations and the differing or similar chain of command. In the state of Florida one may realize there are plenty of property crimes that happen daily. The state of Florida recognizes a select few crimes happen more frequently than others. Vandalism, burglary, and graffiti are those few. When comparing all three together one type is more often reported then any of the three, and that’s vandalism. The state of Florida recognizes three different types of stages for vandalism in the public sector. The first being if the property was damaged less the two hundred dollars then the state will recognize it as a 2nd degree misdemeanor, A public sector suspect convicted of this charge may only spend up to sixty days in jail, as well as have to pay all the costs in order to fix the property that was damages. If the suspect was to damage over two hundred dollars but less than one thousand dollars then it may be considered a 1st degree misdemeanor, which carries much more time spent in jail at a maximum of one year plus all the costs the suspect may have damaged to the property. As many are aware of Felonies carry much more punishment then what a misdemeanor does, Vandalizing a property of over one thousand dollars in the state of Florida will be considered a third degree felony. If one is capable of seizing the capabilities of the business running its normal operations then this will be considered a 3rd degree felony as well. This type of felony can be punishable...
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...Criminal Justice Maria Pringle American InterContinental University 03-24-2012 Abstract The criminal justice system is a set of agencies and processes that are established by the government to control crime. The justice system is no single system; but divides into many that operate separately. How the criminal justice system work depends on jurisdiction. Different jurisdictions have different laws, agencies, and ways they handle the justice process. The main systems are state and federal. The state handles crimes inside their state boundaries. The federal handle crimes committed on federal property (Criminal justice, 2008). The Criminal Justice System Majority of the criminal justice systems have five components: law enforcement, prosecution, defense attorneys, courts, and corrections. Each of these teams plays a key role in the criminal justice process. Law enforcement officers take reports of crimes that happen in their area. They investigate, gather, and protect evidence of a crime. They make arrest, give testimony in court, and conduct follow-up investigation. Prosecutors are lawyers who represent the state or federal. Prosecutors review evidence that the law enforcement gathers; and decides on if any charges are going to be filed. They present evidence in court, question witnesses, and negotiate plea bargains with defendants. They can use their discretion on how to prosecute the case. Victims can contact the prosecutor’s office to find out who is in charge...
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...affirmation, and particularly describing the place to be searched, and the persons or things to be seized. * Protects against unreasonable search and seizure Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. * Rights of people accused of crimes * No double jeopardy * Right to remain silent * Notice and opportunity to be heard Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have...
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...The Effects of Felony Convictions RaShawnda Anderson Kaplan University The Effects of Felony Convictions The effects of felony convictions are a very hot topic in America. This is because there are many Americans that commit crimes and are punished yet still deal with the effects for years to come. Felons are a part of society and should be treated as such especially if they are reformed. A person can commit a crime that results in a felony and twenty years later still suffer the harsh reality of certain privileges being taken away. Yes, an individual should be punished for their crimes but the effects of a felony conviction should not include or affect that person’s right to vote, finding employment, or the pursuance of a higher education. According to Olivares, Burton, and Cullen (1996) upon release these offenders also deal with stigmas, loss of job opportunities, friendships, family relationships, and denial of civil rights. When it comes to the loss of job opportunities, a recent study has shown that most employers have hired at least one person with a felony conviction (Sawnson, Langfitt-Reese & Bond, 2012). Employers encourage job seekers with criminal records to be honest and willing to discuss their involvement with the justice system. Most employers did not have strict policies concerning hiring criminals and this is a plus. Convicted job seekers should follow standard job hunting techniques...
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...Categories of Crime Dennis Lolley CRJ 201 Introduction to Criminal Scott Axton May 21, 2012 When it comes to crime you can break it down into several major categories. While they each have the same thing in common, which is breaking the law, they also have there own differences. In this paper I will be talking the five general categories of crime, which include the following: felonies, misdemeanors, treason and espionage, inchoate offenses and offenses. With each category I will also talk about the history of that crime, the rank in terms of seriousness, the consequences of getting caught and how the crime is tried in court. We all know that there are different categories of crime, but I think its safe to say the people that comment crime all fall under one category. The first crime that we are going to talk about is one that many are familiar with and that is felonies. A felony is a criminal offense for which a convicted person can be sentenced to serve one or more years in a state or federal prison, pay fines or both. A felony is generally considered to be a crime of high seriousness, while a misdemeanor is not. A felony may be punishable with imprisonment for one or more years or death in the case of the most serious felonies, such as murder. “Trial judge instructed the jury that a person who commits a felony is automatically liable for any death” (What is Felony Murder, 1996) All felonies remain considered a serious crime, but concerns of proportionality have...
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...people that are against felons voting claim that they make bad judgments because they do not abide by the laws. Also, convicted felons continue to violate the laws and further prove they are irresponsible, and felons need to be taught a lesson about breaking the laws (“ProCon.org”). Does a person lose citizenship when convicted of a felony? Citizens convicted of a felony but who have completed their sentencing and parole requirements should enjoy all of the same rights as other citizens. I refute disenfranchisement because it is not a novel practice. Its roots are historic. There have been numerous legal challenges to disenfranchisement laws, and courts have found the practice to be unconstitutional. In these legal challenges, one argument, which courts have never fully examined, however, is that disenfranchisement is linked to recidivism. Consistent with theories of labeling and shaming, one potential consequence of disenfranchisement is to create a permanent criminal underclass of outcasts, which is unable to fully rejoin society after their prison sentence is served. The outcome of this effect could, in turn, lead to an increase in criminal activity. Not only is disenfranchisement a poor social policy, it is...
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...Criminal Justice Models Paper Matthew Harper CJS/220 Harvey Smith June 3, 3012 Criminal Justice Models Paper There are three different models used to describe the Criminal Justice Process. Those three different models are the wedding cake, funnel, and net models. (Meyer & Grant, 2003) Each model shows the three components of the criminal justice system which are police, courts, and corrections. They do not technically go into detail of the three components, but show about how many cases are serious crimes to the ones that are small misdemeanors and that shows the effects of the police, courts, and corrections and how they are involved. The wedding cake is a very basic model and is actually pretty accurate as well. It is layered into four different sections, and it is ironic how the top layer is smaller just as the cases that fit into that category are small in numbers compared to the one on the bottom layer which is the biggest. The top layer is considered the celebrated cases. The cases that would fit into this category or “layer of cake” would be the ones that make the media on a large scale and everyone around the nation hears about it and usually gets involved by letting everyone know their opinion on the case. The next layer which is a little smaller is labeled serious felonies. There are more of these cases than there are the celebrated cases, but there still aren’t just outrageous numbers of these either. Serious felonies do not get are the ones that do not...
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...A felony criminal charge is a crime, which originally involved confiscation of a convicted person’s property such as land. Felony includes quite a number of crimes such as battery, arson, burglary, aggravated assault illegal drugs and vandalism of federal property. A person who is convicted in any court for felony crime is called a felon. The criminal justice system is a series of institutions and practices within the government who are directed towards upholding social control, mitigation and deterring of criminal activities. The criminal justice institutions are also involved in sanctioning individuals who violate the laws as well as recommending rehabilitation of other convicted individuals. A certain procedure is applied when the criminal justice institutions are carrying out justice and fair ruling in felony crimes at the state and federal level. The entire criminal justice process for a felony crime involves a series of stages, which are closely linked and dependent. The first stage is usually investigation of the criminal while the last stage involves release of the felon after undergoing correctional supervision. Usually an accused individual is arrested after the necessary investigations have been carried out which will link the person to that particular crime. Arrests are usually carried out by police officers upon presentation of a warrant legalizing the arrest such that the suspect is held in custody awaiting the court hearings. The process of arrest require that...
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...Right to Counsel Lionel James CJA/364 December12, 2011 CHARLES MC CLELLAND Right to Counsel Introduction: The primary source of the right to counsel is the Sixth Amendment. It states in all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for defence. In this article, the development of the right to council will be discussed as well as when the right to council attaches to criminal procedures. The right to self- representation and the role of attorneys as it applies to right to council will be discussed as well. The development of the right to counsel: The Supreme Court in 1932 began to define the right to counsel and years later it applied it to the Sixth Amendment right to states. It incorporated that right into the Fourteenth Amendment. In the Powell v.Alabama (1932), the Court found that under certain circumstances state courts had to provide criminal defendants with free counsel. (Zalman,2008). The main issue in the Powell case was whether the defendants ‘due process rights were violated by the denial of the right to counsel, with the accustomed incidents of consultation and opportunity of preparation for trial.(Zalman,2008). Betts v.Brady (1942) was a setback to the incorporation of the Sixth Amendment. Betts confirmed the special circumstances rule of Powell. Betts, a farmhand, was indicted for noncapital robbery. Not having the money to hire a lawyer, Betts asked the judge for appointed counsel at his arraignment...
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...Policing Paper Keith Tunstall AJS/502 12-23-2013 Mr.Hazen Policing Paper The policing paper will be based on the past, present , and the future of all of the operational and administrative and the paper will be based on the problem-solving relations and policing of the proper function of criminal investigations, major and crucial responses to drastic incident dispatches and of the future problem-solving trend. Policing Paper Proper policing and its structure of the policing structure has always been under scrutiny from the past, present and the future. Most professionals in the criminal justice system search for that one specific strategy that will dramatically instill a positive structure for policing. According to (Walker, S., & amp ; Katz, 2011) “ Herman Goldstein’s approach to policing represents a proactive to policing, rather than a reactive approach to policing. Policing is more than just a response to 911 calls policing involves problem solving to identify recurring problems and developing strategies to reduce and eliminate recurring problems.” Structure or Problem- Solving Policing From 1980 Herman Goldstein upstarted a new structure of policing by solving problems and preventing specific...
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...deception (findlaw.com, n.d.). By definition of the Identity Theft & Assumption Deterrence Act (ITAD) of 1998, specified that it is a federal crime to knowing transfer or use without lawful authority, a means of identification of another person with the intent to commit, or to aid or abed any unlawful activity that constitutes a violation of Federal law, or constitutes a felony under any applicable state or local law (OVC, 2010). If a person steals another person’s identity but does not cause any monetary damage has a crime been committed? I would have to say yes, based on the definition of the ITAD Act. You transfer or use another person’s identity with the intent to commit a crime and you are caught; yes it is a crime. The most common ways to commit identity theft, is either to listen to someone’s conversation while they are giving out a credit card number over the phone, by “dumpster diving” when they can obtain checks, credit cards, and bank statements. With just these types of information criminals can gain control over accounts in your name and assume your identity (DOJ, n.d.). So, it would be a felony if one person was to obtain another person’s identity and give that information for someone else to use. So, even if the person who got the information by “shoulder surfing” or “dumpster diving”...
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...incident with more than half of the felony arrests in United States failing to come to trial. The police, prosecutor or a judge can administer an act of discretion resulting to case attrition. Failure to face trial in a felony arrest could result from several reasons among them being: lack of substantive evidence to back an arrest made. In certain cases, the prosecutor may not be interested in pressing for the judgment. In most cases when a prosecutor may not press for trial are when punishment has already been administered and trial will not result to further punishment (Robertson & Law, 2007). High incidences of arrests failing to come to trial insinuate a limitation in the criminal justice system to combat all manner of crimes. In the criminal justice system, cases are arranged in a structure that is termed as a wedding cake arrangement. In this arrangement, the more serious cases form the top priority of the hierarchy and the lesser serious cases forming the lowest part of the hierarchy. In the process of handling the cases, the major ones are overemphasized on giving the offenders of minor crimes an exit from trial at certain points of the criminal justice process (Neubauer, 2013). Case attrition has an effect in undermining the credibility of the criminal justice system. With high rates of case attrition, the criminal justice system is evidently skewed, overemphasizing on other of crimes and gives lesser value to others. Criminal justice is equally undermined by case...
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