Criminal Process From Arrest Through Sentencing And Appeal

The Integral Role Sentencing Plays In the Criminal Justice Process There are four philosophies that are considered when it comes to the sentencing of a criminal. These philosophies are: Retribution- Retribution is a philosophy that a wrong doer who has freely chosen to violate society’s rules must be punished. Retribution relies on the principal of “just deserts”, this holds that the severity of the punishment hold to the severity of the crime. This philosophy is not the same as revenge…

1. What are the significant steps in the criminal justice process from the point of view of both prosecution and the defendant? In the criminal justice process, the first step, the Investigation, is significant as it provides the information of the case as well as the crime supposedly committed by the defendant to both parties; both the prosecutor and defendant must use the information for their benefit such as cross-examination of the evidence. Following the investigation, after studying the information…

The criminal justice process begins with a report of violation of the law by a citizen or witnessed by a police officer first hand. Then after it is investigated where the police officer is to come to the area or scene of the incident to determine the extent and nature of the crime committed. Where sometimes an arrest is made on the scene of the incident and statements of the witnesses or evidence are taken to obtain evidence of the crime. In some cases there is a preliminary investigation where…

Criminal Sentencing Decisions within the American Judicial System Abstract A major issue in criminal justice is sentencing. America’s court system has struggled to balance competing goals and policies in regards to criminal sentencing. This paper explores the ideas behind changes made to the sentencing policies with the United States judicial system. It begins with an overview of the goals behind criminal sentencing. This paper concludes with a discussion on the current status and disparities…

Sentencing is essentially the final stage of the criminal justice process, aside from the appeals process. It is a dual decision-making process that consists of two significant stages. The first stage reflects the decision to grant incarceration or probation upon the accused, while the second stage involves determining the length of a sentence (Neubauer & Fradella, 2011). As this discussion focuses on the second stage of the sentencing process, it is important to understand key stakeholders involved…

Criminal justice process for a felony Introduction The processing of a crime and the criminal case can be terribly confusing, especially for those unfamiliar with the criminal justice system scheme. Once a person commits a crime, it is the obligation of the public to enlighten the police. That is where the journey through the justice system of a country or state begins for the offender. There are certain minor variations in the justice process of different states; nonetheless, most of the procedures…

Entry 2: The Challenges, The Criminal Appeal Process and the Adequateness Introduction It is of great importance to discuss the challenges faced by indeterminate sentence prisoners maintaining factual innocence as it forms many questions revolving around the criminal appeals process and the adequacy of procedures as it pertains to the prison system, the Parole Board and the Criminal Case Review Commission (CCRC). I will discuss these issues in light of Stefan Kiszko and a comparison of both Canada…

The Criminal Trial: Trail Process: From Jury Selection to Sentencing Introduction The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person…

Introduction Sentencing disparities as a result of an individual’s race or ethnic background, has been one of the most frequently investigated topics in criminological research. (Mitchell, Mackenzie 2004). Several studies have attempted to understand the impact of the offenders’ race on criminal sentencing but there has been variation in the results- some of studies concluded race does effect sentencing regardless of the legal variables; some studies revealed it does not; while other studies concluded…

Appeals Process Paper The United States system of criminal justice actually goes far beyond the beginnings of American government. The system is based on the English system, and the same is followed by governments around the world. This paper deals with the appeals process, how it fits into the criminal justice system, what can be done to improve the system, and follows an actual case through the US system. What is an Appeal? Basically an appeal is designed to give a litigant a second chance…