Preview

Explain The Steps Of The Criminal Process

Good Essays
Open Document
Open Document
853 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Explain The Steps Of The Criminal Process
For citizens of any country to live a peaceful and quiet life, they have to be protecting from criminals and all other perpetrators by the government through its security agencies and the judicial system. However, to ensure that all the arrests made by the police force are legal, the suspect should be taken to court where the court has the sole responsibility of proving his or her innocence or guiltiness. The criminal process often begins with a stop or an arrest after a suspect is apprehended. The criminal process could end at any point up to the time of sentencing, depending on the facts and circumstances concerning a particular case. This assignment will attempt to highlight and explain in details all the steps of the criminal process …show more content…
Immediately after the arrest, the suspect is usually taken into custody by the law enforcement waiting to be aligned in court. However, the time taken before the suspect can be taken to court differs from one country to another and from state to another. It is worth noting that arrest can take two forms that include:
If the law enforcement personnel arrives at the crime scene and determines that, there is probable cause for an arrest. As a result, the officer has no option but rather to take the suspect into custody given the fact that he or she has power and authority to arrest the suspect.
An officer of the law can also make an arrest according to an arrest warrant. However, the necessities for making a proper arrest and obtaining an arrest warrant from the court vary from one state to state and usually depend on whether the crime in question is a felony or a misdemeanor.
Initial
…show more content…
However, not all the jurisdictions have grand juries and only those jurisdictions that allow grand juries can perform them. The prosecutor asks the grand jury to indict the accused. Often, the grand jury is made of private citizens who have the power and authority to conduct proceedings generally with the grand jury members sworn to secrecy. Moreover, the grand jury has the power and authority to compel testimonies to present them in court.
Arraignment by the judge
Instead of going to trial, the defendant is given the opportunity to plead guilty according to a plea agreement. On the second appearance in court, which often takes place before the trial the defendant appears in court and enters a plea. This is a situation where the defendant is only aligned in the court to plead guilty or not guilty, and he or she is not allowed to defend his or herself.
Trial
A trial is the real and live proceeding in court during which evidence is presented, and guilt is determined. A trial is always held before a jury or if the defendant waives the right to trial by jury or for certain misdemeanors before a judge who is often referred to as a bench trial. The trial process includes stages such

You May Also Find These Documents Helpful

  • Better Essays

    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. After covering the procedural steps we will compare both the preliminary hearing and grand jury proceeding to establish probable cause for the felony charges. Once we finish covering the two procedural steps we will cover what the judge needs to take into consideration when setting the bond for John. The final thing that will be covered is what an arraignment is and what occurs during an arraignment.…

    • 1037 Words
    • 5 Pages
    Better Essays
  • Good Essays

    With every person convicted they have a right to trial and jury. There is a grand jury. Second kind of jury is a trial or petite jury. If the paragraphs below I will try to explain the differences between the two .…

    • 497 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    First Motor

    • 2640 Words
    • 11 Pages

    The purpose of the audit memo is to clarify the accounting policies and procedures used by clients and the accounting policies and procedures that should be followed. The audit memorandum also provides a clear explanation of a difference between the risk premium in discounting the free cash flow from Plant 3 and the risk premium in discounting the cash flows for the Macinaw Division and which of the appropriate discount rate for computation of goodwill impairment. The case mentioned about impairments which will be written down after the assets are tested for impairments and how the impairment loss will be allocated among group of assets. The audit memo gives the answer about whether long-lived asset or goodwill write-downs due to impartment or write-ups if the fair value subsequently increases.…

    • 2640 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    After an arrest is the Prosecution, there are a lot of factors that come into play when it comes to prosecution…

    • 1221 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Jodie A

    • 1647 Words
    • 7 Pages

    The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys make great efforts to ensure justice is served swiftly and fairly, thus creating a strong and effective criminal justice system.…

    • 1647 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The trial process is one of the most important parts of the criminal justice system. The part where the person accused of committing a crime is either cleared or held accountable for his or her actions. There are several people whose job is to make sure that the process runs smoothly.…

    • 1288 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Within the criminal justice system, there is a process which takes place. “Whether part of a system or a non-system, the agencies of criminal justice must process the cases that come before them” (Schmalleger, 2009, p.14). The process begins with an investigation of the crime that took place and leads to an arrest where the person is taken into custody with his or her rights read. The suspect is booked which includes fingerprinting, pictures, belongings taken, searched, and personal information which is recorded. The suspect must wait in custody until his or her first appearance from a judicial officer, which will inform them of his/her charges, rights, sentencing, and bail if applicable. Suspects who committed a serious crime or they aren’t able to meet the financial demands wait in custody for a preliminary hearing. At a preliminary…

    • 864 Words
    • 4 Pages
    Good Essays
  • Good Essays

    At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome. When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial.…

    • 1226 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    In Criminal Justice System there are few components. Every component plays an important role in our system functions. The Law Enforcement responds to crime which is reported and takes necessary measures to investigate and make an arrest if the suspect is found. When the suspect is booked, the court will get involved, a prosecutor will review facts of the case and charge the suspect, the defendant will go in front of a judge, it will either be settle for a plea bargain or taken for a chance of a trail. After that defendant will either enter into a jail or prison to serve their time or be placed on probation or alternative to incarcerating.…

    • 5065 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    Criminal Trial Discussion

    • 493 Words
    • 2 Pages

    The arraignment is followed by a preliminary hearing, in which a prosecutor presents evidence to a judge in an attempt to show that there is strong suspicion that a person committed a crime. If the judge is convinced that a strong suspicion exists, the defendant is 'held to answer,' and the prosecution proceeds to…

    • 493 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Information or Indictment: In certain states, if the prosecutor wants to continue the case against the defendant, they can file written charges called "Information" with the court. An Indictment from a grand jury may be required in other states. The grand jury contemplates the evidence and decides whether or not the case should go to…

    • 574 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Fourth Amendment

    • 1648 Words
    • 7 Pages

    A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person:…

    • 1648 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Juvenile Justice System

    • 2355 Words
    • 10 Pages

    The right to trial by jury is provided by the Sixth amendment to the United States Constitution. South Carolina law provides for selection of six jurors and four alternates to make up the jury. (Watson & McAninch, 1994). The jury will hear all the evidence presented against the defendant and will decide if the defendant is guilty or not guilty of the crime they are charged…

    • 2355 Words
    • 10 Pages
    Better Essays
  • Better Essays

    The Right to Counsel

    • 1551 Words
    • 7 Pages

    The Constitution of the United States and the Bill of Rights grant citizens privileges that can be interpreted in different ways, the right to counsel being one of them. The right to counsel is contained in the 6th and 14th Amendments of the United States Constitution while the 5th Amendment gives way to avoidance of self-incrimination. It holds the same meaning but stated differently to account for a variety of circumstances.…

    • 1551 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    hrmmmmm

    • 7302 Words
    • 30 Pages

    The HR Manual is being prepared by the HR department to provide guidance to the company’s employee regarding policies related to workplace. The employee’s benefits and performance management. Additionally, the manual aims to ensure consistency of application of the policy within a company.…

    • 7302 Words
    • 30 Pages
    Powerful Essays