Felony Criminal Justice Process (Essay Sample)

Felony criminal justice process
Student’s name
Criminology
Instructor’s name
Date
Abstract
Felony criminal justice process has undeniably been satisfactory in the administration of justice. The process though has provided for suspects to adequately exhaust the judicial system. The discourse provides for the process, contingencies at each stage, possible outcomes and critical review of the system. Furthermore, recommendation on improvements in the regulation has been discussed.
Felony criminal justice process
Globally, crime has threatened to destabilize the economic and peaceful coexistence amongst citizens. Most countries have established legislations dealing with various types of crimes. There exist similarities amongst the different laws. Crimes are classified as felonies and misdemeanors. The United States criminal code defines crimes as a grave crime committed by someone or property and carrying a punishment of by death or prison term for more than twelve months (Bachman, 2013). There exist different state laws on felonies. However, general federal statutes are supreme on the event of appeals to the Supreme Court. Some of the examples of crimes are tax evasion, murder; drug trafficking, cyber crime, burglary, rape, and robbery. The United States Criminal Procedure Code dictates a predetermined procedure on the dispensation of felony cases.Typically, not all cases undergo the whole process as each case has different characteristics. The process begins with filing of complaints or arrest whichever comes first. The defendant then appears for the first hearing and after that preliminary hearing. Consequently, the following processes follow respectively; grand jury hearings, arraignment on the indictment, hearing on motion, witness conference, trial and sentencing. The legislations provide for different contingencies and constitutional protections for the defendant during the criminal justice process for felons. The essay seeks to evaluate the effectiveness of the process and make recommendations for the changes or improvements of the process.
Arrest
Felony crimes may begin with filing of complaints by the US attorney; in alliance with a law enforcement official substantiate criminal charges before a magistrate to warrant an arrest warrant. However, in the event a crime happens before a police officer, the perpetrator is arrested. Victims of felonies are interviewed prior to filing of a complaint before a magistrate by a detective and the report handed to the US attorney. However, in some circumstances the US attorney may deem necessary actual interrogation of the witnesses. Congress has established an Act for the provision of the military to arrest a citizen considered a threat to the interests of the United States. Arrests of citizens should not violate the fourth amendment that provides for humane and court admissible search or arrest warrants; describing the actual premises for search or individual for arrest. The United States mandates some law enforcement agencies to arrest and detain felons. State police departments operate within various countries. Moreover, Federal Bureau of Investigations (FBI), The National Security Agency (NSA), Criminal Investigations Agency (CIA) and the military hold the power of arrest under special access as determined by the constitution of the USA. Felons arrested are subject to appearance before the court for initial hearing. However, criminals resisting arrest may be charged wit aggravated felony or maybe detained forcefully. The intricate legal structure of the US provides for certain protections of felons upon arrest. The fourth amendment provides for the protection of the accused on some fronts. Police officers are only allowed to arrest or seize property on probable cause of committal of a crime. Furthermore, the law enforcement officers are only authorized to detain the accused for a particular period depending on the actual crime committed. Police officers are faced with difficult decisions to make daily on the probable cause to warrant an arrest. Arrests of suspects based on sources information on suspects resulting in actual arrest and detention of evidence was ruled to be admissible evidence by the Supreme Court. Moreover, police officers are allowed to pursue criminals driving under the influence of drugs, speeding drivers and reckless driving. The crimes may result in an actual charge of felony depending on the outcomes of the offense. The current set up allows for equitable justice for the transgressors. However, police officers are undeniably under a predefined regime to act against felons.
Preliminary appearance
Alleged offenders are scheduled for initial appearance before a magistrate after an arrest. The officer outlines the constitutional rights of the accused and decides on the financial ability of the accused to engage a legal representative or inclusion of a public defender for the defendant. Moreover, the magistrate determines the conditions for release and bond amount in the event of one. However, the prosecutor may request denial of liberation for the suspect at this juncture. Possible outcomes of preliminary appearance include denial of freedom, higher or lower bail amounts and release of the suspects. The judge may determine unreasonable delay during court proceedings. However, the outcomes above are subject to constitutional benchmarks set out. The accused has the right to a legal representative, to remain silent during court proceedings, hear the charges, rights pertaining to initial hearing and conditions under which the accused may earn pretrial discharge (Durose, 2003). The checks initiated offer adequate exhaustion of the legal recourse in the administration of justice. However, upon the incarceration of an accused, incarceration hearings are scheduled before the expiration of three working days to determine the risk of escape or threat to the society. The magistrate decides on whether the suspect should be let loose or held.
Pre-trial
Pre-trial encompasses some processes within the justice system in the dispensation of justice. The distinct procedures are prerequisites for any felony cases though not all cases graduate to the next process. Framers of the US Constitution established an equitable and fair justice system to remedy the after effects of the US Civil War.
Initial hearing
Preliminary hearing precludes determination of the probable cause of the crime. The discussion happens within ten days of arrest. The public prosecutor provides evidence for the committal of crime by the accused. However, the public defender cross-examines witnesses in a bid to deny the accused involvement in the offense. The judge determines the probable cause for arrest and committal for crime and decides whether the case should proceed to trial. However, indictment by a jury prior to arrest does not preclude initial hearing. The magistrate decides the next process of the case upon arraignment of evidence by the public prosecutor. However, the public defender considers some plea bargains from the state attorney. The public defender argues the case to the best possible outcome for the accused. However, the actual choice of the proceeding of the case based on the offers lies predominantly upon the defendant. However, if the defendant considers the proposal by the public prosecutor and enters a plea of no contest, the negotiated terms are accepted and implemented. Therefore, the case proceeding against an accused arbitrarily closes at that stage. However, if the defendant dismisses the public prosecutor’s offer, the case proceeds to trial. The constitution provides for upholding of the accused rights. The suspect remains innocent till proven guilty.
Trial
Committal for the trial of a case on felony results to trial before a jury to determine if the accused is guilty. The public prosecutor provides evidence and parades witnesses against the defendant. The prosecutor bears the onus to prove beyond reasonable doubt that the defendant is guilty. However, the public defender, on the defendant behalf cross-examines the witnesses against the defendant and parades witnesses to substantiate evidence in the name of the defendant. The jurors must unanimously declare the accused guilty, or the proceedings are considered a mistrial. Divided opinion amongst the jurors provides for fresh hearing by a different jury or dismissal of the case. However, a unanimous decision by the jury that the accused is guilty prompts proceedings for the pre-sentencing process to be established. This prompts the US Probation Service to send a Pre-Sentence Report to the US District Court Judge for Sentencing. The magistrate determines on the actual sentence of the accused. The accused may be sent to prison or fined. The accused may accept the ruling or apply for an appeal. Acceptance of the decision unilaterally confines the accused to the punishment of the court. However, application for appeal kick starts the next process of calls in the administration of justice. Lack of evidence or inadequate linkage of the crime to the accused may lead to dismissal of the case. The public defender or the accused attorney may also request for a reduced prison term based on the available evidence. However, the case may collapse upon recanting of witness statements or declination by the witnesses to testify before the jury (Neubauer, 2013). The Constitution provides for protection of the rights of the accused in the fair trial during the proceedings. Defendants have a right to confront the witnesses through defense lawyers. The accused should additionally not be subjected to the same test twice. The state law provides for a public hearing; the accused has a right to remain silent and be represented by a legal representative. Therefore, felony cases may proceed to the next process or be implemented through sentencing.
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