Thursday, November 28, 2019
The Justice Process Essays - Criminal Law, Criminal Procedure
Justice Process After the burglary has been committed the Police Officer will go to the scene of the crime. The Police Officer will conduct an investigation where evidence will be gathered. During the investigation fingerprints will be collected along with any other evidence found. The officer will also talk to the people in the home and neighbors around the area to find out if they seen or heard anything. At this point, there might be a crime reconstruction to determine any additional information. Once all the evidence is collected the officers will determine who suspects are. A suspect will then have a warrant issued by a Judge; this allows the police to take the suspect into custody. When the arrest is being made before questioning the Police Officer must read the Miranda rights to ensure the constitutional rights of the suspect. This gives the suspect the information needed in case they choose to speak to an attorney before answering any questions asked by the police. Once it is determined that the suspect in custody has enough evidence that they can be charged with the crime they are taken to booking. The booking process follows the suspect is fingerprinted along with personal information. A photo of the suspect is also taken with an inmate number. The suspect?s Miranda rights are read again and the suspect is asked to sign a statement acknowledging they were read to them along with their understanding of the rights. Within hours after the arrest, the pretrial activities begin. The suspect goes before the Judge at this time the suspects rights will be read once again and the formal charges. At this point, the judge will determine if bail may be set or bond may be given. This is determined on how serious the crime was and if the suspect is a flight risk. A lawyer will also be appointed at this time for those who cannot afford one. The next step is preliminary hearing to establish if there is enough evidence to show a crime has been committed and if the suspect committed this crime also known as probable cause. It also allows the defense attorney to see all the evidence against their client. Once the Judge decides that there is enough evidence against the suspect, the case is set for arraignment. At the arraignment the suspect is now a defendant and will enter a plea of guilty, not guilty or no contest. If a not guilty plea is entered a trial will be set. The Constitution states that everyone is entitled to a jury trial; however, the US Supreme court determined that crimes with lesser severity did not need a jury trial. The lesser crimes are ones that carry a sentence of less than six months. Even though most crimes are not even brought to trial as they are pled out. The Prosecuting Attorney will make an agreement with the defendant to either plea guilty to the crime or a lesser charge in return for an agreed sentencing. This keeps the cost down of a trial. Once the defendant is either found guilty or plea bargains out, sentencing is announced. During the sentencing of the defendant, the judge will determine the amount of time to be spent in the correctional facility. Not only, do they determine the time but any treatments that need to be completed as well. At this point the defendant is transported to the correctional facility and is processed in. While in the correctional facility, the defendant, now an inmate will complete any training or treatments ordered by the judge. The inmates are separated out to the severity of the crimes into the housing units. At some point, the inmate will have the right to go in front of a parole board. This is where he will plea his case to get an early release back into the community.