Criminal Prosecution (Term Paper Sample)
I was required to write about criminal Prosecution - The steps in criminal justice process, detailed explanation about the bail SYSTEM, and John Augustus and his contribution in the development of probation SYSTEM.
This sample shows my competence in law papers.
The steps in criminal justice process, and detailed explanation about the bail system
Criminal justice process involves a sequence of steps starting with investigation and ending up with the offender’s release from correctional systems. This process is founded on decision-making and rules. The criminal justice rules are sourced from; state constitutions, state codes, federal rules, court decisions, Bill of Rights, and agency and department rules and guidelines. Criminal justice decision-making process encompasses more than mastering of rules along with their application to particular cases. The decisions are built on discretion, meaning, and the individual judgement exercise to make pronouncements about alternative sequences of action. Making decisions or discretion short of formal rules remains a common phenomenon in the criminal justice. Discretion helps the police to choose whether to investigate, search, arrest, question or apply force. Similarly, judges and prosecutors employ discretion when exercising individual judgements such as setting bail, rejecting or accepting plea bargains, pretrial motions ruling, and sentencing. Bail/Parole panel members practice discretion when making decisions whether to release offenders from prison, and when to release them CITATION Kei12 \l 1033 (Hawkins, 2012).
The main steps in criminal justice process are:
1 Crime investigation by police officers; criminal investigation aims at gathering evidence to establish a suspect, then authenticate an arrest. A search – an exploratory scrutiny of a property or person, may be required to carry out an investigation. Probable cause – proof criterion to obligate a search, implies, there are realities or apparent facts showing that criminality evidence can be discovered in a particular place.
2 Arrest of the accused person (suspect) by police officers; An arrest entails takin the accused person into confinement/custody with an aim of holding him/her until court.
3 Prosecution of the defendant by an attorney; when making a decision whether to incriminate a person, prosecutors consider many factors, taking into consideration the evidence strength, and the offense seriousness.
4 Indictment by the grand jury; this is an information filing by the prosecutor. Based on the Criminal Procedure Federal Rules, an indictment happens when ruling a capital crime.
5 Arraignment by the judge; prior to the trial, the accused/defendant appears before the court and submits a plea. Two of the most conventional pleas are not guilty, and guilty.
6 Pretrial detention or/and bail; detention is defined as a phase of temporary detention before facing trial. Bail refers to a sum of money given by the defendant to make sure that he/she shows up in court for trial CITATION Pau95 \l 1033 (Butler, 1995).
7 Plea bargaining amongst a defense attorney (lawyer) and a prosecutor; usually, during plea bargaining, a defendant pleads guilty in order to get a sentence reduction or charge reduction.
8 Adjudication/trial of guilty by the jury or judge, with the participation of the defense attorney and prosecutor; the trial takes place before a jury or judge. The criminal conviction evidence standard is guilty beyond a reasonable doubt – a certainty percentage of below 100 but above the higher probability. If there exists doubt established on some reason, the defendant is acquitted.
9 Sentencing by the judge: at the evet where the accused is proved guilty, the judge pronounces a sentence. Probable sentences include probation, a fine, and an incarceration period at a correctional center/institution such as prison, a jail, or a community disciplinary facility.
10 Appeals made by the attorney in the court and then decreed by the judge; if a court reverses the case, it returns for retrial. Following a case reversal, the prosecutor chooses whether to let go of the charges or refile. Even after the charges have been dropped, the accused stands a chance to be prosecuted in future, especially if the limitations’ statute for the crime has not expired.
Punishment or/and rehabilitation overseen by federal, state, or local correctional authorities CITATION Ant98 \l 1033 (Cassese, 1998).
The bail system
Most jurisdictions run a cash-money bail system whereby, the court pronounces a sum of money to be paid by the defendant to obtain his/her release from custody/detention. The money functions as collateral/security to make sure the defendant appears in court for trial. Bail lets the criminal justice department to protect people’s right to be assumed innocent until proven guilty, while still ensuring the public safety. The court holds the money until all trials and proceedings surrounding the defendant are complete. The court anticipates that, he/she will turn up in court on the stipulated dates for his/her trial, and recuperate the bail CITATION Cry17 \l 1033 (Yang, 2017).
John Augustus and his contribution in the development of probation system
John Augustus, famously known as the father of probation was the first genuine probation officer. John Augustus was born in 1785, in Woburn, Massachusetts. By 1829, John was residing in Boston where he owned a boot-construction business CITATION Rob02 \l 1033 (Panzarella, 2002). His Washington Total Abstinence Society’s membership led him into the Boston law courts. Washington residents abstained from alcoholic drinks themselves and had hope that alcohol abusers could be transformed through kindness, understanding, and continued moral persuasions, instead of through jail sentences and convictions. In 1841, John attended court proceedings to pay bail for a drunkard friend. The accused was commanded to go to the court after three weeks for his sentencing. He went back to the court while sober, in the company of John Augustus. The people who were present in at the court that day were astonished – the accused demeanor and appearance had changed dramatically. Augustus therefore began his career as a probation officer that saw him volunteer for 18 long years. He helped many alcohol abusers and prospective probationers.
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