The criminal justice system and process

Each state has its own court system and set of rules for handling criminal cases. Here are a few examples of differences between the state and federal criminal processes:

The criminal justice system and process

Courts and accompanying prosecution and defence lawyers Agencies for detaining and supervising offenders, such as prisons and probation agencies.

In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society. Law enforcement The first contact a defendant has with the criminal justice system is usually with the police or law enforcement who investigate the suspected wrongdoing and make an arrestbut if the suspect is dangerous to the whole nation, a national level law enforcement agency is called in.

When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order. The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility.

Formed inthe Federal Bureau of Investigation began as an entity which could investigate and enforce specific federal laws as an investigative and " law enforcement agency " in the United States; [6] this, however, has constituted only a small portion of overall policing activity.

Court A trial at the Old Bailey in Londonc. With regard to criminal justice, there are a number of critical people in any court setting.

These critical people are referred to as the courtroom work group and include both professional and non professional individuals.

Welcome to the National Center for Victims of Crime

These include the judgeprosecutorand the defense attorney. The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case.

In this system, two parties will both offer their version of events and argue their case before the court sometimes before a judge or panel of judges, sometimes before a jury.

The case should be decided in favor of the party who offers the most sound and compelling arguments based on the law as applied to the facts of the case.

The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused.

The prosecutor should not be confused with a plaintiff or plaintiff's counsel.

The criminal justice system and process

Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings.

A defense attorney counsels the accused on the legal process, likely outcomes for the accused and suggests strategies. The accused, not the lawyer, has the right to make final decisions regarding a number of fundamental points, including whether to testify, and to accept a plea offer or demand a jury trial in appropriate cases.

It is the defense attorney's duty to represent the interests of the client, raise procedural and evidentiary issues, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt.

Defense counsel may challenge evidence presented by the prosecution or present exculpatory evidence and argue on behalf of their client. At trial, the defense attorney may attempt to offer a rebuttal to the prosecutor's accusations. Those who cannot afford a private attorney may be provided one by the state.

Historically, however, the right to a defense attorney has not always been universal. For example, in Tudor England criminals accused of treason were not permitted to offer arguments in their defense. In many jurisdictions, there is no right to an appointed attorney, if the accused is not in jeopardy of losing his or her liberty.

The final determination of guilt or innocence is typically made by a third party, who is supposed to be disinterested. This function may be performed by a judge, a panel of judges, or a jury panel composed of unbiased citizens.

This process varies depending on the laws of the specific jurisdiction. In some places the panel be it judges or a jury is required to issue a unanimous decision, while in others only a majority vote is required.

In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. Some nations do not use juries at all, or rely on theological or military authorities to issue verdicts.

Why study Criminal Justice at APSU? The Criminal Justice Department educates students in a broad coverage of the field, including courts and law, crime and deviance, and institutions and processes. What is the purpose of the criminal justice system? Consult the official website - ashio-midori.com - and you will read the following under the 'aims and objectives' section: 'The purpose of the Criminal Justice System is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting . Steps In The Federal Criminal Process In this section, you will learn mostly about how the criminal process works in the federal system. Each state has its own .

Some cases can be disposed of without the need for a trial. In fact, the vast majority are. If the accused confesses his or her guilt, a shorter process may be employed and a judgment may be rendered more quickly. Some nations, such as America, allow plea bargaining in which the accused pleads guilty, nolo contendere or not guilty, and may accept a diversion program or reduced punishment, where the prosecution's case is weak or in exchange for the cooperation of the accused against other people.

This reduced sentence is sometimes a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing that it coerces innocent people to plead guilty in an attempt to avoid a harsh punishment. The entire trial process, whatever the country, is fraught with problems and subject to criticism.

Bias and discrimination form an ever-present threat to an objective decision. Any prejudice on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility.

Intro to the American Criminal Justice System

Some people argue that the often Byzantine rules governing courtroom conduct and processes restrict a layman's ability to participate, essentially reducing the legal process to a battle between the lawyers.Aug 09,  · These eight charts suggest there are racial disparities at every phase of the justice system.

The same process goes for the criminal justice systems within special jurisdictions. Components of the Criminal Justice System As with any mechanism, the criminal justice system involves the coordinated functioning of its distinct parts. The Myth of a Fair Criminal Justice System Matthew Robinson and Marian Williams* Volume 6 – No.

1 – Spring * Matthew Robinson is Professor of Government & Justice Studies at Appalachian State. The Criminal Justice System. The criminal justice system may appear complex and overwhelming to those who encounter it for the first time. We hope the explanation that follows helps you understand how the system is organized and what role our office plays in the process.*.

The criminal justice system and process

Historical timeline. Race has been a factor in the United States criminal justice system since the system's beginnings, as the nation was founded on Native American soil. It continues to be a factor throughout United States history through the present.

Criminal justice is the delivery of justice to those who have committed crimes. The criminal justice system is a series of government agencies and institutions whose goals are to identify and catch unlawful individuals to inflict a form of punishment on them.

The criminal justice process - ashio-midori.com