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Custom Criminal Justice Process Essay

The police have already done Investigation and they already have enough evidence that the crime was committed by Robert Crook. interview has been done to various victims, witnesses, suspects; collecting physical proof; visiting, viewing, photographing, measuring crime scene; identifying suspects and the next steps the police will take is to arrest.

The criminal justice process will start when the police officers place Mr. Crook under arrest. An arrest will take place when he will be taken into police custody and will no longer be free to leave or move about. The use of bodily restraint or handcuffs will not be necessary. An arrest will be absolute when the police officers will simply tells Mr. Crook that he is under arrest and he will submit without the police use of any bodily force. The key to taking Mr. Crook into custody is the exercise of police power over him, and Mr. Crook’s voluntary or involuntary compliance.

As a lawyer in charge, I would submit a charging appeal to the Prosecuting Attorney, suggesting possible charges to be approved. The charging request will be the first step that Mr. Crook’s case should be involved in. At this stage, I will determine whether Mr. Crook should be charged with the crime. Thereafter, I would go through all the reports and proceedings regarding the case, as well as the attendants witness statements. I will also analyze Mr. Crook’s preceding criminal record. After the review process, I will send the case back to the police force to conduct further investigation.

Since a probable cause exists that Mr. Crook committed the offence, I will issue a charge. If charges are filed, Mr. Crook may qualify for a suitable diversionary program, such as one for alcohol treatment. However, if he enters a diversionary program and he further fails to adhere to its rules, he will return to the next stage of the criminal justice system for further dispensation. If charges will not be filed, he will then be released.

Once Mr. Crook has been arrested and charged with the offense, he will appear in District Court for allegation. He will later be told what the charges are and the maximum fine if found guilty, and he will also be advised of his legitimate rights to a panel of judges, selected attorney, presumption of virtuousness, etc. The charging manuscript is called a Complaint. The state of affairs and the amount of bond will be determined by the judge. Depending on the nature of the charge, the Judge will enforce conditions on the bond, such as no getting in touch with the victim. The Bond will be set in roughly every case, but it is upon Mr. Crooks own income to post the bond money, that will allow him to be released.

Since Mr. Crook is charged with felony, he will not plead guilty or not guilty. Instead, he will be advised of his rights to a first round examination. After Mr. Crook is arrested, he will be booked,which will typically include being fingerprinted, photographed and will be required to produce personal information.

Depending on the condition where charges are filed, the prosecutor will either file informationas a result of the first round hearing or seek to have a grand jury seated so a condemnation against the accused can be officially sought. A condemnation is a formal accusation of having committed an unlawful offense. After Mr. Crooks has fruitfully obtained the indictment, a bailorcustody hearing takes place. Bail is generally granted for minor crimes. Within two weeks of the accusation, I will also take into consideration a defendant's appeal for a court-appointed legal representative at this time.

A Pre-Exam Conference will then be scheduled several days prior to the programmed Preliminary assessment. The Pre-Exam Conference will be a meeting involving the Mr. Crook and his attorney to perceive whether the case can be resolved without the need to subpoena witnesses.

The felony preliminary examination then follows. This refers to a disputed hearing before a District Court Judge, so often called a probable cause trial.  It will be held within two weeks after allegation. I will present witnesses to persuade the Judge that there is at least credible reason to believe that the charged offense was committed and that Mr. Crook committed the crime. For the reason that the burden of evidence is much less than at a trial, I will not call all possible witnesses to give evidence. Generally, Mr. Crook, some of the attendants together with some of the police witnesses will bear witness. The defendant, through his legal representative, will also cross-examine the views and present his own substantiation including his own witnesses. If any convincing reason will be reputable, the Mr. Crook will be sent to the trail courtyard for trial. If the Judge will make a decision that there is not convincing reason that he committed the charged offense, the judge can attach the case over on dissimilar charges, can trim down the charges to delinquency for trial in District Court, or can release charges. Mr. Crook can offer up his right to a first round assessment.

Mr. Crook’s defendant will then face an indictment hearing, during which he will hear the charges brought following the information or indictment. The defendant will then enter a plea of guilty or not guilty challenge. If the judge will believe the defendant present a sincere guilty appeal, a not-guilty appeal will be entered in its place.

If Mr. Crook’s defendant will choose to go to trial, the rules of unlawful procedure will govern the conduct in which the trial will be handled. During trial, Mr. Crook’s defendant will have the right to confront witnesses testifying alongside them and to oblige witnesses to appear and give a testimony on his behalf. The Fifth Amendment will prevent the defendant from having to testify against themselves. If the Mr. Crook will not afford to hire an attorney, the courtyard will appoint one.

Only significant, non-prejudicial proof such as pictures, witnesses will be introduced in the trial by both sides. Documentary proof will be genuine and witness authentication will be deemed credible.

The prosecution has the burden of proof to find Mr. Crook guilty beyond a reasonable doubt. If he will not be found guilty, he will exit the criminal justice scheme. However, if he is found guiltyof one or more of the charged offences, he will either remain in jail awaiting the sentencing trial or will be released on bond.

Once a judge has decided on one or more sentences, he will then decide whether to impose them concurrently or consecutively. If Mr. Crook is a first-time offender, he will be eligible for probation,which is the postponement of a jail verdict that will allow him to return to the family either with or without regulation.

If Mr. Crook will not plead guilty during the trial, he will be forced to appeal the sentence. The trial, on the other hand, will not have any right to plea. On a plea, if a judge questioned the judgment during the trial, the normal of review will be an abuse of diplomacy. This means the judge’s resolution will be reversed only if the judge evidently abused his judgment.

If the board of judges is issued the judgment in a trial, the appellate quad will review all pre- and post-trial proposals to resolve if a new trial is acceptable. I will file a motion to order for Mr. Crook accused of committing a criminal of robbing gas station last night located a couple blocks from his house. Mr. Crook stated that he used a BB gun but admitted that it looks like a real gun. I will also file a motion to the Court to order custody for Mr. Crook.

Most often, sentences are at the jury discretion. The arbitrator will consider the information in the pre-sentence statement .extra evidence that will be offered by the parties, observations by Mr. Crook, and other significant information to the judge's sentencing choice. For felonies, the trail Court judge will confer with the sentencing guidelines. The sentencing guidelines issue in aspects Mr. Crook’s criminal behavior and his preceding record, to determine the minimum prison verdict. The judge may take into consideration different alternatives, such as a fine, trial, community service or a condemnation to jail or prison. The judge will also order Mr. Crook to make compensation to the gas station that suffered financial harm.

Mr. Crook will generally be assigned to amenities according to the amount of money robbed and his overall background. If possible, he will be kept near family. If Mr. Crook will serve a sentence in a pleasant manner; he will become entitled for parole. Parole is when he is temporarily released from jail but not from lawful custody.

Custom Criminal Justice Process Essay

Code: Sample20

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