The criminal justice response to crime begins when a crime is reported to the police or the police discover a crime has been committed (Bohm and Haley, 2011). The process can go several different directions depending on variables. Entry into the system starts with, investigation, arrest, booking, initial appearance, preliminary hearing, bail or detention, or after preliminary hearing the charge is dismissed or dropped ( Bohm and Haley, 2011). Prosecution and Pretrial Procedures, it is in this stage that if determined to be a felony or misdemeanor, the charge can also be plea-bargained to a lesser charge. There is an arraignment if a guilty plea is entered, next is the sentencing process, fines, sentencing and either incarceration
The next step in the criminal justice process that the defendant would experience is grand jury indictment or a preliminary hearing to establish probable cause. Prosecutors present evidence to a grand jury without the
This type of prosecution deals with the Due Process Clause. This principle came about during the Supreme Court case Blackledge v Perry (1974). The case dealt with Perry being charged with a misdemeanor the beginning of his trial, but he beat the charges. The prosecutor then decided to charge him with a felony, in which, he plead guilty. The result of the case stated that “the Due Process Clause imposes as a limited prohibition on prosecutorial use of charging prerogative to the extent that prerogative is used to penalize the exercise of legal rights” (Whitebread & Slobogin, 2008,p605). Although this was one Supreme Court decision, the court decided that they needed another decision in order to ensure that prosecutors were not being vindictive. The case North Carolina v Pearce (1969) decision stated that “vindictiveness against a defendant for having successful attacked his first conviction must play no part in the sentence he receives after a new trial” (Whitebread & Slobogin, 2008,
Any time someone is arrested, there is a period of time between the time they're arrested and the time of the trial. The person has not yet been found guilty, since the trial has not yet occurred. Therefore, the judge will often elect to let the person go free until the trial.
After an arrest is made, the police will create a report for the prosecutor. With this information, the prosecutor will decide
After the arrest, arraignment will follow. This is the presentation of charges in an open court. During this stage, you need a lawyer to represent you in court. You have the choice to enter a not guilty or guilty plea. You need to discuss your situation with your attorney, to determine the best course of action to take. This is also the stage when your Utah Criminal Defense Lawyer talks to the prosecutors to negotiate for a plea bargain. Usually, accepting a plea bargain will require you to plead guilty to a lesser crime in exchange for a lighter sentence.
seeks to ensure that the defendant will appear at the appointed time to face charges.
Pittsburgh is experiencing a reoccurrence of violent crimes. In 2010, Pittsburgh implemented a crime prevention program called “ Pittsburgh Initiative to Reduce Crime” (PIRC) and in the past five years more than $1 million has been put into a faded program. A strategy that police didn’t buy into the program with an unclear with the effectiveness of the program working. David Kennedy, a director at the Center, developed the program model for Crime Prevention and Control at City University of New York’s John Jay College of criminal justice stated that, “PIRC was never remotely properly implemented” (Kerlik, 2015). As the coordinator of PIRC, Jay Gilmer stated that, “it does work, and it will work. It’s just getting
You have charges that fall under two categories which are misdemeanor or felony. With both of these categories there may be time that an individual may have to serve behind bars or there may be different
A minor misdemeanor must be brought to court within 30 days after the person's arrest. For a third or fourth degree misdemeanor as follows “Within forty-five days after the person's arrest or the service of summons”(Lawriter 1). For a first or second misdemeanor as follows “Within ninety days after the person's arrest or the service of summons”(Lawriter 1). For a felony as follows ”Shall be brought to trial within two hundred seventy days after the person's arrest”(Lawriter 1). The person being free on bond or in jail changes the time the preliminary hearing must be brought. If the person is on bond the preliminary hearing must be held within 15 consecutive days after the arrest. If the person is in jail the preliminary hearing must be held within 10 consecutive days after the
First, if a juvenile is stopped by a police officer for a crime the officer will determine what to do with the juvenile. The officer can either release the juvenile with a warning or go as far as arresting the juvenile and referring them to the District Attorney’s office. Once the juvenile is in custody they go through a process called intake. It is at the intake stage that the prosecutor (DA) determines whether to refer the case to juvenile court; similar to what is known in the adult criminal justice system as prosecution. It is at this stage that several factors are evaluated. The evidence is reviewed and the seriousness of the offense is considered along with whether or not the juvenile has a previous history with the juvenile court. After the evaluation and review of these factors a case may be dismissed, handled informally or the juvenile may be held in detention pending a formal hearing before a juvenile court judge. The prosecutor must file a petition to the courts
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
then the case will go go to arraignment, and the date will be set. This is where the case goes to
Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury.
For decades, studies have been done using various empirical techniques employing different disciplinary approaches in an effort to estimate, as accurately as possible, the cost of crime to society. However, with challenges like unreported crimes, inflations and monetary conversion to quantify intangible costs, there are variations between estimates from the different techniques and drawbacks to implementing each of them.[1] Knowing the impact of crime to society is important in order to reaffirm that criminal justice interventions and policies made to mitigate, prevent and reduce crime are really effective. One way to do so is to look at the reduction in the number of attempted as well as committed crimes. However, the number of crimes does not portray the severity of each crime; a murder would be on the same level as theft.[2] Hence, researchers came up with a common metric as an alternative to judge the severity of crime, that is, the monetary costs of crime.[3] In policy-making, comparing the monetary costs of crime before and after a policy is implemented would judge how effective the policy is.
not all charges against a defendant@ are dropped due to the plea of guilt to one