Kistler CRJ 306 Wk 5 Assignment

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Ashford University *

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306

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Law

Date

Feb 20, 2024

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docx

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8

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1 The Criminal Justice Process Melissa Kistler University Of Arizona Global College CRJ 306: Criminal Law Ted Ellis 02/11/2024
2 The Criminal Justice Process As a victim advocate for the United States justice System, one must provide accurate information regarding the process to the victim. The process begins at arrest and goes through appeals. This paper is based on the case of Virginia Sufferer, whom Defendant Accused allegedly burglarized. The suspect is well known to law enforcement as he has had prior arrests and has been convicted of the sale of narcotics. Throughout this assignment, I will explain the criminal justice process to the victim, from arrest to the stage of the appeals process; it will explain the contingencies for each stage of the proceedings and all possible outcomes. It will also analyze the constitutional protections that the defendant's lawyer could use as a defense at each stage of the proceedings and evaluate the system's effectiveness in dealing with criminal prosecution for my client. Finally, it will provide Ms. Sufferer with recommendations to make the system fairer for all involved. Once a crime is committed and the cops have been called, an investigation begins. During this investigation, the police will collect evidence such as fingerprints, a list of what is missing, and statements from the witnesses, the victim, and, at times, the suspect. They will continue collecting anything to help them get a case against the suspect. If the police witness the suspect committing the crime, no arrest warrant is needed; otherwise, they will go to the judge for an arrest warrant. Following the arrest, the police will try to locate the suspect, and once found, the police will read them their Miranda Rights to ensure that they do not violate the Fifth Amendment of the Constitution. This right protects the suspect from self-incrimination. Law enforcement will search the suspect to ensure the safety of the officers, the suspect, and the general population. Any illegal substances found on the suspect will result in additional charges. The officers can only search the suspect and anything within the suspect's immediate control, or
3 it will violate the suspect's Fourth Amendment right. This right protects from illegal search and seizure. Any evidence collected from unsearchable areas could get the evidence thrown out due to the illegal search In the case of Ms. Sufferer, the police have already arrested Accused and, with a search warrant, have located two pieces of jewelry that belong to the victim. During the interrogation of the Accused, he decided to request to have a lawyer present. This causes the interrogation to stop because of the Sixth Amendment, which states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district where the crime shall have been committed, which district shall have previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have the compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense” (US CONST. AMEND VI). This amendment also has the basic rights that the defendant has at this point in the case The next step in the court process is the arraignment. This is where the defendant is notified of his charges and the minimum and maximum punishment he is facing. He will, at this time, plead guilty or not guilty. The judge can set a bond amount at this time, and if the defendant has the amount of money required for this bond, he can post the bond and get out with whatever stipulations the judge has placed on him. Mr. Accused is facing a felony charge, so the next step is the preliminary hearing. During this hearing, the judge will decide if there is enough evidence to have Accused stand trial. According to Champlin K. et al. (2015), “the judge makes the decision based on a probable cause standard, meaning whether the prosecutor presents enough evidence to convince reasonable people on a jury that the defendant committed a crime” (para. 1). During the preliminary hearing, three things can happen, first is the case can proceed to
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