The Criminal Justice Process: From Investigation to Sentencing - Essay Sample

Introduction

The criminal justice process develops in various stages, which begin with an investigation that leads to an arrest and ends at a specific point before a trial or after sentencing. Many criminal cases end when the criminal defendant accepts the prosecution's plea bargain whereby the defendant prefers to plead guilty before the beginning of a trial or agree to lesser charges to get a more lenient sentence or, in some cases, dismissal of the costs.

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The Criminal Justice Process Map

The Indictment Process

A person should expect an indictment if charged with a grave offense. It is an official accusation of somebody suspected of having committed a crime. They are generally obtained for misdemeanor charges and are used alternatively for a complaint during the trial. Allegations can also be accusations against a person, but an arrest due to a probable cause should be against the individual before entering a claim. Moreover, there is obtaining an indictment before arresting a person. While using a complaint as a form of an affidavit, attaining a charge as sworn testimony, and thus is more valuable in court than a claim. They are mostly used in federal courts but can be used in other court systems as well.

Obtaining an indictment requires the presentation of a case to a grand jury who only hears from the prosecution. The grand jury evaluates the evidence brought in by the prosecutor and determines if there is enough probable cause to shift the case to court. Generally, it will be up to the grand jurors to approve or disapprove the indictment. If it successfully moves forward, it means that the prosecution found enough evidence that allows the case to go to court. But in no way does it mean that the suspect has been found guilty. Once approved, the prosecutor will bring it to court, whereby it will list all the charges against the prosecuted individual as well as where, when, and how the person committed the crime. And if the grand jury feels that the prosecutor does not have enough evidence for continuing with the trial, they will block the prosecution from bringing the case to court unless more evidence s presented. After successfully obtaining an indictment, the prosecution brings it to court, and the charges against the person accused.

The Arraignment Process

The arraignment proceeding takes place when the defendant has the charges read to him in the indictment, after which he requested to enter a plea. This stage takes place after the arrest of the defendant and formal charges levied against him. It typically moves through various stages before it is considered closed. During an arraignment process, the defendant is summoned before a judge of a criminal court and accused of the first time in the courtroom. Hence, at this stage, the suspect at this level is considered a defendant.

During this time, the courtroom judge will ask questions to the defendant and read the charges against him. If it seems possible that the defendant will face a jail sentence for the crimes committed, and is not able to pay an attorney, a government one will appoint to him. Besides, the attorney does not allow the defendant to pay for the services because it is his right to receive the services of a public defender. He can plead whichever way he decides from "no contest," "guilty," or "not guilty." If the suspect go in a "not guilty" appeal, the justice will give a day for pretrial and trial motions.

The Trial/Adjudication of Guilt Process

The trial phase also has several distinct stages. It begins with an opening statement made by the attorney on the plaintiff's side, followed by that of the side of the defendant. The opening remarks outline what each side of the case hopes to establish. The attorneys, therefore, present to the jury a general idea of the case whereby not viewing the opening statements as evidence. After the opening remarks, the attorney on the side of the plaintiff presents evidence that falls into the classes of testimonies and exhibits. Afterward, the defendant may choose to present evidence or not to depend on how he or she wishes. The juror then hears the questions and answers given since they have to base their verdict on the evidence.

In the rules of the evidence phase, the attorney is allowed to object to any question that they believe violates the laws. But the judge is the one to decide whether the witness should answer the question or not. The judge's ruling, however, does not indicate that he or she is favoring either side. Furthermore, jurors are not supposed to be prejudiced against one side or the other. The jury may, at times, excuse while objections for various reasons, including when discussing objections. The law asks for a hearing of various matters of the court in the absence of the jury. After the presentation of all the evidence, the court "rests" while the attorneys prepare instructions and give them to jurors.

The attorneys then make closing arguments by summarizing the evidence, after which they persuade the jury to choose the side of their respective clients. Finally, the judge reads law instructions to the jury, then defines the issues and decide between them. After that, the jurors consider the case while in the jury room and reach a verdict.

Conclusion

These three processes are the major ones in criminal justice practices. Indictment, arraignment, and trial are the significant steps that lead to whether a person will found guilty or not, and they support each other throughout the criminal justice system.

Bibliography

Evidence. Confessions. Admissibility of Prior Consistent Statement on Arraignment, 33 Columbia Law Review 538 (1933).

M. K., Criminal Law. Arraignment. Plea, 1 California Law Review 271 (1913).

Mike Redmayne, Theorizing the Criminal Trial: The Trial on Trial. Volume 3, Towards A Normative Theory of the Criminal Trial, 12 New Criminal Law Review 287-313 (2009).