Compare And Contrast The Criminal Justice System
There are different ways the criminal justice system operates within the various jurisdictions, however, there are also several similarities (Bohm & Haley, 2011). The typical response to criminal offenses begins with initial crime report or crime found by police, followed by the charging of the offense or offenses once the suspect has been located and arrested. In some jurisdictions, the case is presented to the prosecutor, before charges are placed, for review. After the suspect has been arrested he or she will be brought before a lower court for their initial appearance and/or a pretrial.
Misdemeanor offenses are resolved with an immediate pretrial without a jury or by entering a plea of guilty. In felony cases, a hearing will be held
to determine if the defendant will be released on bail or held for a preliminary hearing (Bohm & Haley, 2011). During the preliminary hearing the judge will determine if the case meets probable cause to bound the defendant over for possible indictment by grand jury, or in some states an arraignment on a document called an information. The defendant will have an opportunity to enter a plea of guilty at the arraignment or prior to trial by plea bargaining. In most cases the defendant will accept a plea bargain and the case will not go to trial. Should the defendant enter a plea of not guilty a trial date will be set to be heard at a jury trial or bench trial. Following the trial, if the defendant is found not guilty he or she will be released as a free citizen. When a defendant is found guilty the judge will issue an order to serve as punishment for the crime.
Within the United States, there are 5 types of punishment, “fines, probation, intermediate punishments, imprisonment, and death” (Bohm & Haley, p. 14, 2011). When a defendant either enters a plea of guilty or is found guilty by the court they will receive a form of punishment as outlined above as issued by the judge. In some cases an appeal may be filed by the defendant, along with their attorney, causing another hearing to be held to determine if the correct verdict and punishment were issued.
Misdemeanor offenses are resolved with an immediate pretrial without a jury or by entering a plea of guilty. In felony cases, a hearing will be held
to determine if the defendant will be released on bail or held for a preliminary hearing (Bohm & Haley, 2011). During the preliminary hearing the judge will determine if the case meets probable cause to bound the defendant over for possible indictment by grand jury, or in some states an arraignment on a document called an information. The defendant will have an opportunity to enter a plea of guilty at the arraignment or prior to trial by plea bargaining. In most cases the defendant will accept a plea bargain and the case will not go to trial. Should the defendant enter a plea of not guilty a trial date will be set to be heard at a jury trial or bench trial. Following the trial, if the defendant is found not guilty he or she will be released as a free citizen. When a defendant is found guilty the judge will issue an order to serve as punishment for the crime.
Within the United States, there are 5 types of punishment, “fines, probation, intermediate punishments, imprisonment, and death” (Bohm & Haley, p. 14, 2011). When a defendant either enters a plea of guilty or is found guilty by the court they will receive a form of punishment as outlined above as issued by the judge. In some cases an appeal may be filed by the defendant, along with their attorney, causing another hearing to be held to determine if the correct verdict and punishment were issued.