I. Description of the Criminal Justice System
Purpose of the System: Main objectives are maintaining social order, enforcing laws, and providing justice.
Three Core Elements: Law enforcement, courts, and corrections make up the criminal justice system.
Adversarial Process: In most nations, such as the U.S., criminal proceedings are adversarial in nature in which prosecution and defense argue a case against one another.
Rights of the Accused: The defendant has such rights as right to a fair trial and to counsel.
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Presumption of Innocence: Defendant is presumed to be innocent until proven guilty beyond a reasonable doubt.
II. Law Enforcement Stage
Investigation: Police obtain evidence and make investigations on reported crimes.
Arrest: The police arrest a person suspected to have committed crimes.
Search and Seizure: Officers should get a warrant for a search except in the following exceptions which include probable cause.
Miranda Rights: Arrested suspects must be told of their rights, which include the right to remain silent.
Booking Procedure: Suspects are processed after arrest, and fingerprinted, photographed, and otherwise identified.
III. Pre-Trial Procedure
Initial Appearance: Defendants are advised of their charges and their rights.
Bail or Bond: Courts have discretion whether or not to let a defendant be released until a trial date is set.
Arraignment: The defendant is formally advised of his or her plea (guilty, not guilty, no contest).
Preliminary Hearing: The prosecution must prove that there is enough evidence for the case to be taken to trial.
Grand Jury: In some instances, a grand jury decides whether charges should be brought.
IV. Plea Bargaining
Negotiated Settlement: Plea bargains occur when the defendant agrees to plead guilty in return for lesser charges or sentences.
Advantages and Disadvantages: Plea bargains accelerate justice but at times result in innocent defendants pleading guilty to receive lighter sentences.
V. Trial Process
Jury Selection: The process of selecting jurors is called voir dire to ensure impartiality.
Opening Statements: Both parties present their cases to the jury or judge.
Presentation of Evidence: The prosecution and defense present evidence and call witnesses.
Cross-Examination: Opposing counsel questions witnesses to challenge their testimony.
Role of Expert Witnesses: Experts provide specialized knowledge to support or dispute claims.
Closing Arguments: Each side summarizes its case for the jury or judge.
VI. Verdict and Sentencing
Jury Deliberation: The jury confers privately to reach a unanimous verdict in most cases.
Verdict Options: The jury can find the defendant guilty, not guilty, or deadlocked (hung jury).
Sentencing Hearing: In the case of a guilty verdict, the judge determines a sentence in accordance with guidelines and mitigating/aggravating factors.
Sentencing Types: Penalties can include fines, probation, incarceration, community service, or rehabilitation programs.
VII. Post-Trial Procedures
Appeals Process: Defendants can challenge legal errors or procedural issues in higher courts.
Double Jeopardy: Defendants cannot be tried twice for the same offense after acquittal.
Expungement: Some criminal records can be sealed or expunged to provide a fresh start.
VIII. Corrections and Rehabilitation
Incarceration: Convicted individuals may serve time in jail (short-term) or prison (long-term).
Probation: An alternative to incarceration, allowing individuals to remain in the community under supervision.
Parole: Early release from prison based on good behavior or other conditions.
Rehabilitation Programs: Many correctional systems focus on rehabilitating offenders through education, therapy, or job training.
IX. Juvenile Justice
Separate System: Juveniles are typically tried in a separate system focused on rehabilitation rather than punishment.
Diversion Programs: First-time juvenile offenders may be directed to counseling or community service instead of formal charges.
X. Emerging Trends in Criminal Justice
Restorative Justice: This is the approach that deals with reconciliation between offenders and victims rather than punishment.
Technology in Law Enforcement: Advancements in body cameras, forensic tools, and crime databases aid in the process of investigation.
Mental Health Courts: Courts specifically established to deal with issues of mental health that have caused the crime.
Alternative Sentencing: House arrest, drug courts, and community supervision reduce incarceration.