Recommended: Decision making process of criminal courts
After listening to both sides present their case the judge will issue a ruling on the defendant’s
3. Discuss the issue regarding the victims ' rights to notification regarding important proceeding, decisions, and actions related to their case. Under the first category of Victim’s Rights, known as The Right to be Informed, the textbook states, “all states provide victims with the right to be notified about important proceedings, decisions, and actions related to their case” (Hemmens, Brody, & Spohn, 2013). This includes the following victims are to be informed of: time and place of court proceedings, release of a defendant from custody, dismissal of charges, negotiating plea agreements, sentence imposed, and the defendant’s final release from confinement. However, issues can occur with notification from prosecutors to the victim.
This part of the system generally takes place with the defendant being delivered earlier than a decision for a proper hearing informing the defendant of the unique fees being delivered towards them. This a part of the system generally occurs within forty-eight hours of a defendant's arrest in maximum jurisdictions. all through the
282) Since Texas has a process for criminal law, some steps are followed before a trail is declared. First, there is usually a person who commits a misdemeanor or felony, and law enforcement decides to charge the suspect with a crime. Once a charge has been filed against an individual then a grand jury will determine if there is sufficient evidence to hand down an indictment against a suspect. If there is, then usually the defendant goes to trial.
A plea bargain is an agreement between the prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. For example, the prosecution and the defense may agree to a misdemeanor charge instead of a felony charge or the parties may agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10-20 years imprisonment.
However, if the decision is unanimous, and the defendant is proven guilty then the sentence is given. Many steps to a civil trial correspond with a criminal trial. First, the jury is selected, then both sides have the chance to settle the case before taking it to court but if not, the trial begins. It starts with opening statements, then presentation of evidence, examination and cross-examination,
In response to arraignment, the accused is expected to enter a plea. In the Lindberg Baby Case, throughout the arraignment the defendant was charged with kidnapping and murder. Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. In the last part of the adjudication process, the judge agrees on the ratio decidendi which is the ground or reason for a decision.
Suspects are informed of their varying rights at nearly all steps of the legal process. Examples include the right to a trial or the right to appeal in the case of a guilty
The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.
Here is the first problem that needs to be addressed, the Sixth Amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” only thing fast are plea bargains, but they are surely not fair. The problem is we need plea bargains, because if not then we be having court cases running 24/7, and one judge would be hearing 100 cases a day. This is why plea bargains account for roughly 90% of all criminal cases. Here are three reasons why plea bargains are supposed to be in
People plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.
The biggest issue within the Criminal Justice system is the large number of wrongful convictions, innocent people sentenced to die for crimes they did not commit. People are put in prison for years, even executed for false convictions. This affects not only those put in prison but friends and family of the accused. Wrongful convictions aren’t solely a tragedy for those directly involved either. It weakens the faith the public has for the justice system as well as poses safety issues; when innocent people are put away, the real criminals are still out there.
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
In a New York City, an 18-year-old male from a slum is on a trial claiming that he is responsible for his father death by stabbing him After both sides has finished their closing argument in the trial, the judge asks the jury to decide whether the boy is guilty or not The judge informs the jury decided the boy is guilty, he will face a death sentence as a result of this trial The jurors went into the private room to discuss about this case. At the first vote, all jurors vote guilty apart from Juror 8 (Henry Fonda), he was the only one who voted “Note Guilty” Juror 8 told other jurors that they should discuss about this case before they put a boy into a death sentence
First thing I would like to implement is where I would recommend that all offenders placed on probation and parole would have a baseline drug test. Then those with a drug abuse problem or history would have mandatory substance abuse counseling. This is because approximately two thirds of probationers can be characterized as alcohol or drug involved offenders (Treatment, 2005). I believe that this would help to lower the recidivism rate because the offenders would no longer have negative habits that take away from their monthly finances. It would also take away the need to commit crimes to pay for their drug or alcohol habits.
