CRIMINAL JUSTICE

Process of Criminal Justice

[Name of the Course]

[Name of the Instructor]



Abstract

This paper discusses the criminal justice process, and the steps involved, in detail. The paper also discusses the federal and state methods of carrying out the process.

Table of Contents

Abstractii

Introduction1

Discussion1

Rules1

Discretion1

Steps in the Criminal Justice Process2

Investigation2

Arrest2

Prosecution3

Indictment3

Arraignment4

Pre- Trial Detention/ Bail4

Plea Bargaining4

Trial/ Adjudication of Guilt4

Sentencing4

Appeals5

Punishment5

Involvement of Victim in Criminal Justice6

Capital Punishment7

References11

Process of Criminal Justice

Thesis Statement: The criminal justice system is a well organized and effective system that consists of a number of steps.

Introduction

The criminal justice process involves a series of steps and it is initiated with a criminal investigation. The process ends with the release of a convicted offender from correctional supervision. There are a number of rules that apply to the process, and aid in the decision making, which is an on- going aspect of the multiple- step process. Many a time people ignore the involvement or role of the victim in the criminal justice process. In my opinion, the criminal justice system is effective in each and every step. The criminal has the opportunity to make appeals and receive proper justice in case he or she is not guilty.

Discussion

Rules

The rules that apply to the criminal justice process have taken birth from the United States Constitution and Bill of Rights, the United States Code, state constitutions, state codes, state rules of criminal procedure, court decisions, federal rules of criminal procedure, and department and agency rules and regulations. The rules are modified and new rules are added as time goes by due to the occurrence of new cases. A standard set of rules applies to almost all the cases.

Discretion

There are many decisions to be made in the criminal justice process. The decision making process comprises of more than just knowledge of rules or their application to specific cases. The decisions are based on discretion, which means the individual exercise judgment in order to make choices about alternative courses of action. Discretion, or making decisions without formal rules, is common in criminal justice. The existence and application of discretion begins at the very beginning on the criminal justice process. The police use their discretion when deciding whether to arrest a possible offender or investigate, search, question, or use force. In the similar case, the prosecutors must practice individual judgment in deciding whether they should charge a person with a crime and whether a plea- bargain should be put forth. Furthermore, Judges must also use discretion at the time of deciding to set the bail, accept or reject plea bargains, rule on pretrial motions, and sentencing. The board members of parole are equally important in using discretion for making decisions about whether and when to release inmates from prison.

Steps in the Criminal Justice Process

There are eleven major steps in the criminal justice process that begins with the criminal investigation.

Investigation

The first step of the criminal justice process involves gathering evidence of a crime in order to identify the suspect or suspects. Also, the purpose of the evidence is to support the arrest made by the ...