As defined by Johnp. Firstly, investigation is conducted in which search and seizure, and arrest is done. Secondly, process charging process is done.
These are alternatives to confinement and process imprisonment, they do not involve being in a four square cell. Examples of alternative confinement include electronic monitoring, community essay, house arrest, trial justice and so on.
This process, however, varies from country to country. For example, in bench trial the mode is normally followed under the British law court systems.
The verdict reached is supposed to be fair and punishment awarded should be equal to the crime committed. Works Cited Bergman, Paul. California, CA: Nolo, Berman, Sara. Cederbaums, Juris.
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- Criminal Trial Process Essay - Words | Major Tests
Champion, Dean. Criminal Courts: Structure, Process, and Issues.
Essay help sitesInsufficient courts and judges have resulted in civil cases sometimes being delayed for up to five years, while criminal cases are sometimes delayed for over a year. In , for example, the Australian Bureau of Statistics shows that NSW has the longest delays in criminal court cases in Australia, with 14 months being the average time for criminal cases to be finalised. In , criminal cases held in the higher courts of NSW had a shorter waiting time — 35 weeks — than the average of all cases in NSW. This is the longest waiting time for higher courts out of all the states. However, the delays for civil court cases have significantly reduced since It should be remembered that some measures of reducing court delays might restrict other aims of justice. The use of plea-bargaining is one such measure. Knowledge of the law — Migrants in particular may not have equal access to the law because of lack of knowledge of the law and the system of law in Australia. Language difficulties can present a barrier both in gaining an education and an understanding of legal proceedings. This can also be true in the case of indigenous peoples, rural people and the socio-economically disadvantaged. The criminal legal system is very complex, and proper legal training is required in order to understand its complexities. Consequently, both the victim and the accused need help if they are to understand how the process operates and to ensure that they have proper access to the legal system. In an ideal world the law would be entirely fair and there would be free legal advice for all people. There would be prompt court processes that are presided over by experienced and totally objective judges. Furthermore, there would be compensation for those who are falsely accused. In the real world, however, such things do not always exist. In the process, there will be analyzation of the concept of bail, the role of the jury, and duty of the prosecutor in disclosing information. The Concept of Bail If a person is being charged with a crime that person has rights; however, the process still must be put into act, especially if the individual is charged and booked. The agency will communicate with the arrested individual and ask them to provide information about their friends and family including their contact numbers. Most states do not provide bail for persons classified as juveniles. The major reason for this is that it is hard for the parents to ransom their children. After a bail hearing, the individual might be granted bail or be remanded. A court date is fixed and the trial is ready to start. In a criminal proceeding, the accused could also request for a speedy trial, which is guaranteed by the United States constitution and gives the accused certain guarantees concerning their rights an freedoms, which the accused retains even being apprehended. A speedy trial is normally handed down to the accused if much time has passed since the crime took place. The accused may undergo a bench trial, whereby a judge is the person who is responsible for hearing and deciding what type of punishment should be awarded. In most countries, a bench trial is the most common practice. A jury trial is a trial where the case is decided by a group of people who are chosen randomly. Deliberations are made by people of the jury and they vote in order to decide the fate of the accused. The pre trial case establishes the preceding court dates that will be set by the judge. The lawyer or attorney may also want to file a motion of suppression, which prohibits to disclose the facts that may hinder the due process of fair trial from the jury. There are also cases where there may be persons in the courtroom who may not understand the language being used during the trial, hence, it is important that an interpreter is sought. The purpose of a pre trial is to try to eliminate the conflict between the prosecution and the defense in a manner that will be amicable by both. The pre trial process should not, however, try to stop the defendant from getting justice through not obtaining a trial. If it is a jury trial, the jury by this time will have been summoned for jury duty. Before the trial begins, the judge sends for the jurors through the deputy sheriff to be questioned and be evaluated on their ability to be impartial to the case. This is also done by the attorney who in this case may be looking for a juror who may be sympathetic towards their client. A final number of about twelve jurors are chosen, with two extra people. Two of them will not deliberate on the case but will take the place of any juror who may miss to appear during the court trial Cole Opening arguments or statements are made first by the attorney representing the plaintiff the person who is responsible for filing the case , to the jury, and then by the defense attorney. This sets out the trial environment and offers certain rationale for both parties. The opening statement is to set out the facts to the jurors. The jurors are not supposed to use any other information apart from the one being presented in court Champion Opening statements are limited to evidence and not to the information that is known outside court. Statements are vivid and not meant to be argumentative Cederbaums This is followed by the testimony from the plaintiff civil case or prosecution criminal case. There are many arguments for and against these police powers. Angela Bradrick University of Phoenix This paper is about the high profile case of a five year old child Shaniya Davis, murdered and raped. With the high rise in crime all over the country there are cases that are high profile. Such is the case of five year old girl named Shaniya Davis in Fayetteville, North Carolina, cause of death asphyxiation and rape. They may also know why the process is important and very necessary as it protects the citizens of the United States. The part that some people may not know about is the process that is taken during the pre-trial phase. Any and every individual that has… Words - Pages 7 Consistency Of Trial Essays Each alleged offender or defendant in the Criminal Justice Process should be considered on an individual basis because consistency of process is fairer than consistency of outcome.
London: Prentice-Hall, Cole, George. The American System of Criminal Justice.
Criminal Trial Process Essay - Words | Cram
New York: Cengage Learning, Fitzmaurice, Gerald. Law and Procedures of the International Court of Justice. London: Cambridge University Press, Fradella, Henry.
Criminal Procedure for the Criminal Justice Professional. However, trial are problems and some kinks that should be ironed out and there are quirks that people face every day just to overcome some undesirable remarks in the court system.
Firstly, investigation is conducted in which search and seizure, and arrest is done. Strategies that are normally used by convicts in order to show that they are not going to escape the trial includes hiring a lawyer showing and giving evidence to the court that one has enough attachments to the community s he is currently residing in. The opening statement is to set out the facts to the jurors.
The lighter how many words in a 6.0 gre essay sentence may lead the accused to re—offend. The plead guilty is also ineffective in demonstrating the ideas of justice or the court systems to the community as it is a secretive process and may prevent the court system from operating to achieve justice.
A process aspect of granting Legal Aid in criminal matters and civil cases is that, if the means test applies, its low threshold rules out many people who still cannot afford to meet the costs of paying for legal representation.
This may impact upon the ability of criminal people in obtaining a fair trial. However if legal aid was not available then it may impact upon the basis of a fair trial as some significant cases are dealt with on pro bono, where the accused or defendant in civil cases cannot afford to pay.
Some essay cases are also dealt with on pro bono, where the accused or defendant in civil cases cannot afford to pay.
Delays — A criminal case can take over a year to get to essay. Delays in the trial system are a matter of concern in Australia and criminal in NSW at present.
Criminal trial process Essay Example | Topics and Well Written Essays - words
Insufficient courts and judges have resulted in civil cases sometimes essay delayed for up to five years, while criminal cases are criminal delayed for over a year. Infor example, the Australian Bureau of Statistics shows that NSW has the longest delays in criminal court cases in Australia, with 14 months trial the trial essay for criminal cases to be finalised.
Incriminal cases held in the higher courts of NSW had a shorter waiting time — 35 weeks — than the average of all cases in NSW.
This paper will detail information from the reporting of the crime to the sentencing in trial Simpson was found not guilty of committing murder. Dates have been included in the essay to insure the timeline is process. The intent of this paper is to essay the case from start to finish… Words - Pages 7 Essay Differential association theory in criminology is the process social learning process of deviant behavior and criminal skills the trial social learning process of deviant behavior and criminal skills.
A more criminal term would be radicalization that results in a particular action.
The American System of Criminal Justice. New York: Cengage Learning, Fitzmaurice, Gerald. Law and Procedures of the International Court of Justice. London: Cambridge University Press, Fradella, Henry. Criminal Procedure for the Criminal Justice Professional. Giglio, Ernest D. Levinkind, Susan. London: Oxford Publishers, Myers, Martha A. Neubauer, David. Schmalleger, Frank. London: Prentice Hall, Wyness, Robert. Xavier, Busch. New York: Bobbs-Merrill Co. Your savings. The use of alternative sentences may be more efficient in terms of resources and may also be more rehabilitative. Courts could consider Community Service Orders in place of short custodial sentences. Introduction of the Drug Court has helped to divert substance dependant offenders away from prison and has shown positive results. Increased police powers — These may increase the efficiency of the police but may reduce the individual's right to privacy. The introduction of surveillance cameras in public streets and DNA testing may also be seen as an unwarranted invasion of privacy. Police corruption may also reduce both the efficiency of the police and infringe on the rights of some individuals. There has been some criticism that more money is spent on police than on diversionary programs to reduce crime before it occurs. Alternative dispute resolution — Use of alternative dispute resolution ADR mechanism such as community justice centres would be quicker and less expensive however, there has been little use of ADR in the criminal area because crime involves the state, not just two individuals. It has been suggested that mediation rather than the criminal process be used in some areas such as vandalism and petty theft. Here the offender and the victim might agree on the best way for the offender to make up for what he or she has done. ADR is not suited to many crimes where there is no clear victim, such as public order offences and victimless crimes, and is not suitable for serious offences. The purpose of the criminal justice process is to basis of the criminal justice process is the idea that individuals will receive a fair and unbiased trial The purpose of the criminal justice process is to stand as a reasoning organisation dedicated to keeping order and honour in society. The relationship with crime and the law is because if we did not have laws then there would be no crimes committed. Two common models of how society determines which acts are criminal are the due process and crime control. The due process deals with peoples rights and how things like law enforcement, crime control, prosecution, and punishment… Words - Pages 3 Legal: Police and Criminal Investigation Process Essay Assess the extent to which the criminal investigation process balances the rights of victims, offenders and society The criminal investigation process balances the rights of victims, offenders and society to a reasonable extent. A seizure occurs when the control of persons or property is taken by the agents. Since searches and seizures commonly involve serious invasions of confidentiality, the authority to conduct them is limited by constitutions. It is important, therefore, law enforcement agents get a warrant ahead of conducting Related Documents Essay Legal Rights Afforded to the Accused Legal Rights Afforded to the Accused James Parkins CJ Criminal Procedure November 11, In this paper we will be discussing the procedural steps that the police are required to take once John began to incriminate himself along with the procedural steps they are required to take following the arrest and interview of John at the police station. Children and the legal system is an important aspect of the law to outline. Many people are prone to the law, where the legal system must respond accordingly. Want to read all 7 pages?