Criminal Justice Process
Criminal justice is a complicated system. The fact that everyone is aware of the various steps involved in the procedure is a good thing. The investigation into the crime is the first stage in this process, which is followed by the arrest of anyone who is suspected of committing the crime. After a suspect has been taken into custody, pre-trial proceedings start. Preliminary hearings, the informational hearing, the suspect's initial court appearance, and the suspect's sentencing are some of the events that make up the pretrial activities. Adjudication comes after the pretrial procedures, and it is at this time that the suspect will face a jury trial. The judicial procedure is responsible for hearing the trial and settling of the trial. After the adjudication process, it is when a sentence is given. Finally, the correction stages begin.
Investigation and Arrest
As a murder suspect, it is important to note the first step which is the investigation and arrest. Investigation begins after the crimes, and it is critical at this point for the law officers such as police to get much evidence at the crime scene. The investigators and police officers begin brainstorming while they are at the crime scene as they try to figure out how the crime was committed and the various places where any evidence can be found. A judge can then grant an arrest warrant to the policemen and warrant provides the police's legal basis to apprehend. A warrant is a writ that is issued by a judicial officer, and it is meant to perform a specific act, and it protects the officer from any damages performed while executing the warrant's actions. No police officer is interested in arresting a wrong person, and that is why the arrest is regarded as a serious step during a criminal justice process. When an arrest is being carried out and before questioning, the police officers' advice the defendant of their constitutional rights.
Booking
The defendant rights are identified as Miranda Rights, and it is a constitutional requirement that is meant to protect the arrestee. These rights also protect the prosecution and law enforcement from emitting any evidence during the trial. After a suspect has been arrested, he is then to be placed a booking. The booking is more of a correctional administrative process that involves the official entry and recording of the detainee after the arrest. It is in the booking where some procedures are undertaken such as identifying the arrestee, the time arrived, the place of detention, the arrest reason, and the authority who made the arrest. Besides, the suspects while still in the booking are then again advised of the rights they have and should be aware of and are then given a form to sign which indicate that the suspect has clear understanding of his or her rights as advised by the officers.
Pretrial Activities
The pretrial activities mark's the second step of the criminal process. It is at this point that a suspect make's their first appearance before a judicial officer. The suspect is made aware of the charges and is given rights again, and if possible, the defendant can bail. Bail can be in the form of property or money that is pledged to the court with the aim of affecting a person's release from legal custody. Those who are not discharged on bail have to remain in imprison and wait for the process’s next stage. On the off chance that a respondent does not have a lawyer, an attorney will be designated to him or her, but the respondent has to appear someone faced with money hardship. After the suspect has been either discharged on bond or not the litigant has to face a preliminary hearing. Amid this hearing, there has to be fitting prove to proceed the criminal justice process. The effect of probable cause comes in when a crime is committed, and when the defendant likely committed the crime.
Preliminary Hearing and Arraignment
The preliminary hearing serves a discovery function, and that is why it is essential. The prosecutor may decide to continue with a case which is against the defender depending on the preliminary hearing's outcome. For the prosecutor to proceed with the case, there is need of filing an accusation that is written in formal and the allegation is to be presented to the court alleging that a given individual committed a particular offense. There is the difference in the indictment and information because the accusation that is formal written is submitted by a grand jury to the court in an indictment. This arraignment is the defendant's first appearance before the court which is charged with the responsibility of conducting a trial. When a defendant is being arraigned, their rights are again explained to them before they can enter a plea. The plea that the defendant is to begin is usually no contest, guilty, or not guilty. In this situation, it is now the judge to grant the plea by getting convinced with the defendant by trying to have an understanding of the defendant is aware of why he is being accused. Under the 6th Amendment to the United States Constitution, there is a right to every criminal defendant for a jury trial.
Adjudication and Sentencing
Among many jurisdictions, most offenders never come to trial. In case the offense is a less genuine offense at that point the defendant avail himself before a judge through a process identified as a bench trial. In case a jury cannot choose the case's facts and law the judge is recognized to be deadlocked. The judge is then to rule it as mistrial making the defendant have an opportunity of being tried by a new jury. Convincing of the defendant makes the judge make a ruling that leads to the sentencing of the defendant. The fourth step of the criminal process is sentencing, and it might have a combination of punishments such as a fine, probation that is supervised by the community or to serve a prison term. During the judgment process, a judge would always like to make an appropriate judgment, and in this case, the judge will request the parole officer who is assigned to the defendant whose case is being solved to assist gathering a presentence report. There are many things that can be in the presentence report including the defendant's information about his or her business situation and family, criminal history of the defendant, emotional state, and background. These are to be filed by the parole officer and be availed to the judge to assist in making an appropriate judgment.
Correction
At that point when the jury finds out that the offender is guilty especially on charges more than one, the offender may be ordered by the judge to serve one sentence in prison once another is completed. Serving one sentence at a time is known as a conservative sentence. There are also instances where the judge orders the defendant to serve all the sentences at the same time and such is identified as concurrent sentencing. There are instances where an appeal can be ordered after the sentencing, and it is only that the process is always very complex. The correctional stage begins at that point when a judge has ordered a sentencing to the offender. Even though the sentencing is more of a correctional stage, but not every person who is an offender finds themselves in prison. There are those who are ordered to offer community service to serve their probation. In situations where an offender sentenced to community work fails to come before the probation officer or does not meet what was required by them by the judge, then their probation is likely to be revoked by the judge and be made to serve the time left in prison.
Conclusion
The process of justice being served only becomes complete only at that point when a criminal has gone through the process of criminal justice, and they have served the various punishment given by the jury. The criminal justice process is complex, but it is essential for every person to know the steps involved so as when one finds their self in any defensive position, then they are aware of what to expect. Prior knowledge of the criminal justice process serves right every person because one gets to know their rights even if one is an offender.
