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Overview Of Our Criminal Justice System Today
This is an overview of the criminal justice system today and describing the roles of the police officer, district attorney’s office, defense counsel and federal, state, and local judges/magistrates. The stages at which each of the above interacts with a criminal defendant will be discussed along with an explanation of the process by which a suspect becomes a criminal defendant.
The criminal justice system has three component subsystems: police, courts, and corrections, each subsystem containing a number of functional areas. Policing involves the entry into the system, when a crime has been observed or reported. Court system involves prosecution & pretrial, adjudication, sentencing & sanctions. The Corrections system involves probation, prison or jails and/or parole. (Criminal Justice Today p.16)
The police officer will be involved of the initial arrest upon a crime being reported or observed. Evidence will be gathered at the crime scene. If enough evidence is gathered an arrest will be immediate. If not, an extensive investigation will be conducted then a warrant will be issued by a magistrate which provides the legal basis for an apprehension by police. (Criminal Justice Today p.19)
The district attorney’s office is responsible for presenting the state’s case against the defendant. The prosecuting attorney is the primary representative of the people by virtue if they believe that violations of the criminal law are an affront to the public. (Criminal Justice Today p. 388)
I believe prosecutor’s office should become involved in a case immediately as long as they exercise the prosecutorial discretion. The prosecuting attorney has a responsibility to the public concerning violations of criminal law. (Criminal Justice Today p. 388)
The paramount obligation of criminal defense counsel is to provide quality representation to the defendant at all stages of the criminal process. They also have an obligation to abide by ethical norms and act in accordance with the rules of the court.
(Performance Guidelines for Criminal Defense Representation n.d.)
A defense attorney can become involved prior to indictment or arrest however; most people/defendants don’t realize they need a defense attorney until such time as the arrest.
The judge becomes involved possibly within 48 hours after the initial arrest. This will be for the purpose of the judge informing them of the charges against them, and advise them of their rights. (Criminal Justice Today p. 20) The judge has the primary duty of ensuring justice. In the administration of criminal justice, the judge has the responsibility for safeguarding both the rights of the accused and the interests of the public. The judge holds ultimate authority in the courtroom, ruling on matters of law, weighing objections from both sides, deciding on the admissibility of evidence, and the disciplining anyone who challenges the order of the court. Besides serving on the bench as a trial judge, most state jurisdictions have a chief judge that must also manage the court system. This includes hiring staff, scheduling sessions of court, ensuring the adequate training of subordinate judges, and coordinating activities with other courtroom actors. State judgeships are won through either popular election or political appointment, depending on the jurisdiction. Judges on the federal level are nominated by the president of the United States and only after confirmation by the Senate. (Criminal Justice Today p, 386)
Most defendants do not come into contact with an officer of the court until their first appearance following the arrest before a magistrate or a lower-court judge. This occurs when defendants are brought before a judge to be given formal notice of the charges; to be afforded the opportunity for bail; to be given the opportunity to obtain a lawyer or one can be appointed to him; or to be advised of his rights. (Criminal Justice Today p. 417)
Constitutional Law affects the criminal code in that under the Constitutional Law people have basic rights available to them as citizens of a free nation. One of these basic rights is A Right To Counsel. Therefore, even though a person has murdered another person, which is a criminal offense, he has the right to counsel and/or defense. (Criminal Justice Today p. 135) There are individual statutory elements that constitute a specific crime. For a person to be charged in a given instance of criminal activity, there are written laws specifying exactly what conditions are necessary for a person to be charged of criminal activity. There is a written law for every criminal offense. The prosecution must prove every legal aspect of a criminal offense. The elements of any specific crime are the statutory minimum without which that crime cannot be said to have occurred. (Criminal Justice Today p 152)
Common Law crimes are that such as Felonies, misdemeanors, offenses, treason and espionage and inchoate offenses. (Criminal Justice Today p. 145) They are handled under the Common Law principles which are a traditional body of unwritten historical precedents created from everyday social customs rules, and practices. Common Law practices serve as powerful interpreters of legal issues that arise around the need to clarify terminology found in state codes, as well as the dictates of state law. (Criminal Justice Today p. 135)
Actions criminalized by statute are a criminal act injuring not only individuals, but society as a whole. Criminal Law is defined as the body of rules and regulations that define and specify punishments for offenses of a public nature or for wrongs committed against the state or society. (Criminal Justice Today p. 137)
All three branches of government participate in the making of criminal law. The legislature drafts statutes, the judiciary generates common law, and the executive promulgates rules, regulations, and orders. (Sources of Criminal Law n.d.)
References
Schmalleger, F., Criminal Justice Today An Introductory Text for the 21st Century (8th Ed)
Sources of Criminal Law by Markus Dubber (1999) Retrieved from http://wings.buffalo.edu/law/bclc/web/cali/crim141/f-body.htm
Performance Guidelines for Criminal Defense Representation (n.d.) Retrieved from http://www.nlada.org/DMS/Documents/998933823.822/Performance%20Guidelines--Black%20Lett... |
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This intel was contributed by D. STEVENS
D. STEVENS
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May, 2012
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