The Criminal Trial Process The Sixth Amendment specifies certain citizens ’ rights that apply in all criminal trials. These rights are speedy trial‚ public trial‚ trial by jury‚ notice of the accusation‚ confrontation of opposing witnesses‚ compulsory process for obtaining favorable witnesses and assistance of counsel. Although the Sixth Amendment guarantees these rights only with respect to the federal government‚ the U.S. Supreme Court has incorporated all of them
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entire point of the Youth Criminal Justice Act is to make sure that if those kind of things happen to you or your community‚ the youth would get punished for what they have done. The YCJA became a law in 2003‚ under the Liberal Justice Minister Anne Mclellan. Since then less youth had gone through jail. The YCJA applies to youth from 12 to 17 years old. For teen under 14 they get less serious punishment‚ and for older teens they get more punishment. YCJA is extremely important to our justice system;
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CRIMINAL PROSECUTION‚ CONVICTIONS‚ PRISON SENTENCES AND TIME SERVED BY RACE AND ETHNICITIY. Criminal Prosecution is the institution and conduct of legal proceedings against a defendant for criminal behavior. There are certain steps in the criminal prosecution process. According to Champaign Prosecutor’s Office‚ County “If a charge is filed in the Municipal Court‚ the defendant is entitled to a Preliminary Hearing. The defendant may waive that right and
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Policing Essay Police discretion poses an interesting paradox in our democratic society. As Ramirez et al (2000) explains‚ we entrust the police to enforce the law‚ to maintain order‚ and to use legitimate force if necessary ’. Not only do we expect police to complete this rather demanding task‚ but we also expect them to accomplish these tasks by treating the public in a fair and even-handed way ’. Thus a major problem is the over policing ’ and stereotyping ’ of marginalized groups such
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Police Discretion Jocelyn Golphin University of the District of Columbia Criminal Justice System 2/21/2014 Golphin 2 Police discretion is a very important approach in matters concerning criminal justice. There has been a consistent problem between enforcing the law and the spirit of the law. Discretion in the broader sense can be defined as the individual’s ability to make a decision basing on the principle of courses of the action. During training‚ police
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The criminal investigation process balances the rights of victims‚ offenders and society to a certain extent. The main aspect of achieving justice in the criminal investigation process is to balance the rights of the parties involved. Thus‚ the extent to which the law balances their rights‚ includes the use of police powers‚ the rights of suspects and the right on bail. The balance of powers used by police in protecting the rights of victims‚ suspects and society has partially been achieved in
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Criminal Justice Process: Final Study Guide Chapter 10 A. Impact of Arrests on Court Process: B. Arrests without a Warrant: * Most common form of arrest except for arrests made within the home * Must have a warrant before going into someone’s home with the exception of exigent or emergency situations * Examples of these situations: Pursuit or the destruction of evidence Arrests with a Warrant: * Legal preference- * Neutral magistrate- someone who is not involved in
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Daniel Barry “The criminal process usually starts with a stop or an arrest. The process can end at any point up to the moment of sentencing‚ depending on the facts and circumstances of any particular case. You have certain rights at every stage of the criminal process.” (Lane) The justice system over the years has relied on two models to help ensure the criminal process is just and fair. These two models have many differences‚ but have both had huge roles on the shaping of criminal procedure policy
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Discretion is defined as the authority to make a decision between two or more choices (Pollock‚ 2010). More specifically‚ it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau‚ 2011). Every police officer has a great deal of discretion concerning when to use their authority‚ power‚ persuasion‚ or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement
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Discretion is a major factor in the entire criminal process and refers to the freedom of choice to carry or not carry out something. This can be seen in both a positive and negative light as the police and court can both use discretion which can be damaging to either party in court in terms of achieving justice. The role of discretion within the criminal justice system has many advantages and disadvantages in the way it deals with achieving justice for individuals. Discretion can be explored through
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