Abstract This paper covers three points to answer three big questions about the criminal justice system. Firstly, this article will define that the rights of people, free or those awaiting trial, are protected by the same parts of the amendments that guarantee due process Criminal Justice System. Words | 7 Pages. for the Criminal Justice System is to reduce the crime and the fire of crime. In order to achieve this it is using different agencies and the major of them are the Police, Prosecution, Courts, Prisons and Probation People looking forward to a career in criminal justice should be able to write up investigation reports, reports to be used in trials, and documents relating to various types of criminal offenders. For a bachelor’s degree in Criminal Justice credits including some general elective
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If you need a thorough research paper written according to all the academic standards, you can always turn to our experienced writers for help. This is how your paper can get an A! Feel free to contact our writing service for professional assistance. We criminal justice papers high-quality assignments for reasonable rates. The criminal justice process consists of the procedures public officials follow in the course of imposing criminal punishment, criminal justice papers.
Criminal justice specialists commonly distinguish the investigatory and adjudicatory stages of the process, criminal justice papers. Cases must come to the attention of officials before an investigation can begin, the boundaries separating the two stages are occasionally blurred, and the same officials may be involved in both investigation and adjudication.
Generally speaking, the investigative stage is an inquisitorial process run by the police and the adjudicatory stage is an adversary process run by judges and lawyers. Sometimes prosecutors play a leading role in the investigation, and sometimes the police investigation continues even after the adversary process of adjudication has criminal justice papers. Despite the occasions when this broadbrush description is not entirely accurate, in general the distinction between police investigations conducted before any defendant is formally accused of an offense in court, and the adjudication in court of those charges that are filed, provides a sound overview of the criminal justice process.
Although the term inquisitorial carries some negative connotations in Anglo-American legal culture, all the term refers to here is the absence of named defendants, criminal justice papers. Obviously, without a defendant there can be no adversary proceedings. Equally obviously no criminal justice process can assume an adversarial form during the initial stages of an investigation, when the authorities may not know for sure whether an offense has taken place or the identity of the offender.
It may not be so obvious but it is equally true that many long-standing criminal justice controversies, including those about police interrogation and eyewitness identification proceedings, involve disagreements about when the investigation should cease and the adjudicatory process should commence.
It is, of course, criminal justice papers, possible to authorize the police criminal justice papers to adjudicate by simply conflating the investigation and the trial.
In such a system the police, whether officially or secretly, have the power not criminal justice papers to use violence such as arrest or search for the purpose of bringing about a trial according to due process. They have also the power to punish supposed offenders without judicial authorization.
Even in societies with a deep political commitment to due process, the police occasionally disregard the judicial process and punish suspects without trial. Thus the criminal justice papers between investigation, which must for practical reasons be assigned to an executive agency with paramilitary qualities, and adjudication, which is made more rather than less necessary by the existence of a paramilitary police force, is not an accident.
It is instead the best institutional arrangement people have yet discovered for protecting themselves from private crime without subjecting themselves to arbitrary official power. The criminal justice process is not the only form of official coercive social control. Individuals who are mentally ill and a danger to themselves or others may be committed to institutions indefinitely after a civil, as distinct from a criminal, hearing, criminal justice papers.
Contraband and the fruits or instrumentalities of crime, such as an airplane used to smuggle drugs, criminal justice papers, may be seized by the state in civil criminal justice papers well as criminal forfeiture proceedings. The government like private individuals may bring a civil action for punitive damages when authorized by statute or court decision.
The criminal justice process is the most extensive and most prominent, but by no means the exclusive, system of coercive social control. The criminal justice process in the United States varies widely. Federal practice differs from that in the states and the practice in one state varies from that in another. Different police departments pursue different investigative strategies, and different court systems follow different procedures. Nonetheless, the following description may prove useful, given the recognition that real people go to jail only in particular cases governed by the laws of a single jurisdiction that may depart from the norm in any number of important ways.
Investigation of crime usually involves three elements. First, public officials, usually the police, must learn that an offense may have been, or is to be, committed. Second, criminal justice papers, law enforcement agents must identify the likely offender or offenders.
Police may learn of crimes in two basic ways. Police officers may themselves observe the offense or evidence of it, or they may receive a report or complaint from someone else. It might seem that relatively few crimes would be directly observed by the police, but a surprisingly large number of offenses are in fact discovered in just this way. Police on patrol may observe suspicious behavior, as when a vehicle circling slowly in a commercial area after hours has a license plate registered to a vehicle recently reported stolen.
Moreover, a great many crimes, prominently including prostitution, illegal weapons, and drug offenses, do not involve anyone inclined to complain to the police.
Although voluntary informants often come forward in these cases, effective investigation largely depends on undercover police agents. Citizen reports provide the other major source of information about crimes. Not all crimes that occur are reported to the police, and not all crimes that are reported in fact took place or took place as the initial informant described, criminal justice papers.
False reports, motivated by revenge or insurance fraud, criminal justice papers, are relatively rare. The failure to report crime is far more frequent. Victims or other witnesses of crime may not come forward for a variety of reasons. They may perceive the chance of apprehending the offender as too remote to justify the time of reporting and testifying, criminal justice papers. They may be afraid of vengeance by the offender or by those acting on his behalf.
They may be related to, or on friendly or intimate terms with, the offender. When researchers estimate the crime rate by surveying sample populations and asking how often the respondents have been victimized victimization surveys the rate of actual crime appears to exceed the rate of reported crime by a very wide margin.
It is generally agreed that homicide and auto theft are most frequently reported. It is also generally agreed that sexual assault and domestic violence are disproportionately underreported. Once the police have determined that an offense has taken place, they must determine the likely perpetrator or perpetrators. They must also gather evidence of guilt that will stand up in court.
Although these two processes are closely related they criminal justice papers not identical, because some of the evidence police routinely use to identify the likely offender is not admissible in court. For example, police investigations often rely heavily on representations by informants that are based on what the informants have heard rather than what they have witnessed personally.
Even if such an informant were willing to testify and they typically are notthe hearsay rule usually would prevent the informant from testifying in court about what the informant has heard others say about the crime. Another important example is the criminal record of individuals previously arrested or convicted for crimes similar to the one under investigation.
The criminal justice papers routinely consider the records of potential suspects, while the courts typically criminal justice papers such evidence under the character-evidence rules. Even when the information before the police is admissible in court, the police must weigh its probative force in selecting potential suspects.
Eyewitnesses are notoriously inaccurate and may give police completely incorrect descriptions of the offender. In rare cases individuals may confess to crimes they did not commit, criminal justice papers. Far more commonly they may attribute crimes in which they were involved to other persons who were not involved or involved to a lesser degree. Witnesses may shield the guilty with false alibis and the like. Physical evidence is not subject to the risk of deception but may mislead in other ways, as when illegal drugs are discovered in an automobile containing several passengers who accuse each other of sole possession.
The police must select potential suspects in the face of criminal justice papers challenges under severe time and resource constraints. As police departments often evaluate the work of their officers based on the clearance rate the percentage of reported crimes that result in an arrestcriminal justice papers, the police may have an incentive to focus on the most likely suspect however unlikely his guilt is relative to that of persons unknown.
On the other side of the equation the police may often have very strong suspicions about the identity of the suspect but be unable to prove his guilt beyond reasonable doubt by evidence admissible in court. The U. Supreme Court has construed the Constitution to regulate many phases of police investigation, criminal justice papers. With many important qualifications, the police may not detain people on the street for investigation without some objective evidence of criminal activity; they may not search homes without a judicial warrant based on facts showing probable cause; they may search automobiles based on a determination of probable cause, without first obtaining a judicial warrant; and they may not arrest individual without probable cause to believe the individual has committed an offense.
A suspected who is arrested may not be questioned without first receiving Miranda warnings and waiving his rights to silence and counsel, criminal justice papers, but the police may interview persons not yet arrested without following the Miranda rules Miranda v. Arizona, U, criminal justice papers. These regulations are enforced almost exclusively by the judicial exclusion of evidence obtained in violation of the applicable constitutional rules.
Police more interested in seizing a cargo of drugs than in prosecuting the courier may have little incentive to obtain a warrant before searching for the drugs, criminal justice papers. Police who are willing to lie about how they obtained their evidence likewise may feel little incentive to comply with the rules, so long as their testimony is likely to be accepted in court.
The police investigation thus follows a dialectical or give-and-take process, in which the investigators formulate a hypothesis about the identity of the offender and collect evidence tending to confirm that hypothesis until some new item of information surfaces to exonerate the suspect.
The police do not have the resources to conduct every investigation by a process of elimination in which they begin by establishing the alibi of every person in town.
Yet the choice of suspects influences the evidence collected; if the police focus on Smith as the perpetrator, Jones will not be made to stand in a lineup. But police fiction grossly overstates the epistemic power of the investigatory process. The fictional police always get their man, criminal justice papers. In real life, only about 20 percent of all reported crimes are cleared by an arrest.
Observers have always known that not all arrested persons are in fact guilty, but experience with DNA testing indicates that the investigatory process is more prone to false positives than many believed. Nationwide about a quarter of the conclusive DNA tests run at the request of the police exonerate the suspect. That is good news for criminal justice papers innocent and bad news for the guilty in cases where physical evidence permits a test.
But it is not an encouraging sign about the frequency with which the police investigation identifies the wrong individual as the offender in the large majority of cases in which physical evidence does not permit scientific tests of identity.
In a world in which most crimes are not reported and only about one-fifth of the reported crimes result in an arrest, criminal justice papers, it is obvious that law enforcement officials must make difficult decisions about how to allocate their scarce resources.
Patrol officers criminal justice papers be assigned to neighborhoods. Detectives and undercover operatives must be assigned to certain types of offenses, criminal justice papers.
Should undercover officers be devoted to enforcing the drug laws or the prostitution laws? How heavily should the police concentrate patrol efforts in a high-crime neighborhood? Given too few officers, the residents generally poor and often disproportionately racial minorities may be unfairly denied police protection.
Given too many police, there may be either the perception or the reality of discriminatory overenforcement. The model of a police-dominated investigation followed by adjudication in court must be modified to include those situations in which the investigation is run primarily by prosecutors. In the white-collar context prosecutors will not need much assistance from the armed police and will ordinarily interview witnesses and then take sworn testimony before an investigatory grand jury prior to filing charges.
In the organized crime case, prosecutors need to work closely with the police or federal agents. In the United States the adjudicatory process varies considerably from one jurisdiction to another, although the process throughout the country is highly similar.
Most cases originate with an arrest by the police, criminal justice papers. The Supreme Court has held that the Constitution requires a prompt judicial determination of probable cause to believe that the arrestee has committed an offense.
If that judicial probable cause determination was not made prior to arrest by the issuance of a warrant or the criminal justice papers of an criminal justice papers by a grand jury, the arrestee must be brought before a judicial officer for a determination of criminal justice papers cause.
Who Gets a Second Chance in the Criminal Justice System?
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Criminal Justice System. Words | 7 Pages. for the Criminal Justice System is to reduce the crime and the fire of crime. In order to achieve this it is using different agencies and the major of them are the Police, Prosecution, Courts, Prisons and Probation The paper will look at the key issues when it comes to criminal justice administration today. The criminal justice system today consists of three main parts which are the legislative part, the adjudication part and the correction part Sep 29, · Criminal Justice Assignment Paper. Criminal Justice Dissertation Discussion Assignment Paper on New York Anti-Gang Programs; % Essays Experts. Are you looking for assignment resource or help in homework writing? You can use the resources you find on our website as a source for your assignment ideas, for instance, a topic and reference. It is
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