Criminal Justice Process



Criminal Justice Process

Introduction

In the U.S. criminal justice system, those who have been arrested and formally charged with a crime usually go through three phases: the police or law enforcement, and corrections trial or imprisonment.

Police authority or Arrest

Judicial system

Jail or prison

The subsections in each of the processes, ranging from arrest, trial, appeal to sentencing is given in detail as follows.

Police or Authority to Enforce the Law/Arrest

Typically, a police officer or law enforcement agency like the government does not know who has committed a crime for a citizen to report the incident. In some cases, before a person is formally arrested, there requires a warrant based on probable cause. A neutral judge must approve the order, since it constitutes the legal basis to arrest that person. After the arrest, the person is registered, which usually involves taking photographs, fingerprints and personal information request (White,1997). If no charges are filed, the defendant goes free. If charges are filed, it is possible that the accused is eligible to participate in an appropriate diversion program, such as alcoholism rehabilitation. However, if the person participates in this type of program and not follow the rules, the accused will continue to process the next stage of the criminal justice system. At this point, the accused passed by both the stage and the judicial police's initial criminal justice system (White,1997).

The arrest is the detention of the suspect by police officer (which includes the mandatory reporting detainee of the rights), as well as the temporary detention the suspect until formal charges against the suspect (Bamford,King,Sarre,1999). Detaining a suspect, police must, according to the decision of the Supreme Court of the United States from 1966 ( Miranda v. Arizona ) say the following words: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? You have the right to remain silent. Anything you say can be used and will be used against you at trial. You have the right to be with his lawyer during interrogation. If you cannot afford a lawyer for you will be assigned to the state attorney. Do you understand your rights?")

Stage of the Judicial System

Hours after being arrested, the accused are brought before a judge or magistrate informing if they receive the right to be released before trial, on bail or after posting bail. The courts decide whether to require a bond and what their amount based on the severity of the crime of which they are accused, due to the risk that the defendant would flee to avoid prosecution and the defendant's criminal history (Schmalleger,2004). In many cases, accused persons, especially those wealthy and well known, also are asked to surrender their passport to the court. If the defendant has no attorney, the court will appoint one who will be paid by ...