Criminal Case Process

Great Essays
The Processing of a Criminal Case
When processing a criminal case, the first thing that has to have happened is that some sort of a crime has allegedly been committed. Steps are taken to ensure that the guilty are brought to justice and that the innocent aren’t tried for crimes they didn’t commit. A number of professional members of law enforcement, as well as the crime scene technicians, lawyers and judges play an important role in making sure that criminals don’t get away with the breaking the law. Although the system isn’t perfect, it does allow law abiding citizens peace of mind knowing that there are those out there working to put those who deserve it behind bars.
The first step in processing a criminal case is verifying that a
…show more content…
Some suspects that are brought in on minor infractions are able to post bail. In either case, the magistrate judge tells the defendant what the charges are against them and the amount of bail, if any, or if they are to remain in custody until trial. At this time the defendant may also plead guilty or not guilty to the charges that have been brought against them as well (Steps in the Federal Criminal Process, 2015). During this initial appearance if bail is set, and if the defendant is able to make bail, usually a “No Contact Order” will be instated (Slepkowl, 2015). This is an order that keeps the defendant from having any type of contact with the victim(s) (Slepkowl, …show more content…
Evidence can be presented and witnesses will testify in order to show that there is sufficient proof to charge the defendant with the crime and allow the case to go to trial (Steps in the Federal Criminal Process, 2015). This evidence and witness testimony is only presented by the prosecution, “the defense has no opportunity to present evidence” (Schmalleger, 2015). If the defendant is charged, they then have the choice to hire an attorney or if they cannot afford one, they may use a public defender at no cost to them (Steps in the Federal Criminal Process, 2015). Although, the defense has no chance to present its own evidence, the burden falls completely on the prosecution to prove, beyond a shadow of a doubt, that the defendant committed the crime and deserves to go to

Related Documents

  • Improved Essays

    I feel the Due Process should be the model adopted and used exclusively by the U.S. Criminal Justice system. Due process explains that every “criminal” be tried fairly. Each and every person accused of any crime is innocent until proven guilty. Law enforcement officials powers are limited so as to prevent any type of oppression or prejudice towards the accused individual. These “legal technicalities” as Crime Control Model supporters call it, are not there to “handcuff the police,” but more to protect the rights of the defendants that the Bill of Rights expressly secures.…

    • 277 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    During the initial appearance, bail is set. The defendant either pays the amount of the bail, which can be done in a few different ways, and is then released; or is kept in a local jail or lockup until their trial. The purpose of bail is to ensure the defendant returns for their future court dates.…

    • 606 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Hammurabi Code History

    • 861 Words
    • 4 Pages

    One of the most cherished principles of the American system of criminal justice is that a defendant is innocent until proven guilty. This means that the prosecution must prove, beyond the reasonable doubt that each part of the crime charged. (www.law.cornell.edu)…

    • 861 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    i) The prosecutorial system is excessive From the Kerman story, I have no doubt the US prosecutorial system is very excessive as the system been taken way too far. It is noted that the system has been growing out of control without any sort of serious thought, vision or clear sense of purpose for the inmates. The system is inefficient, very costly and destructive as depicted in the book. The system is said to deprive many individuals of chances or opportunities because those resources directed to prison would be directed to a better course: construction and maintenance of schools, health care facilities, drug rehabilitation centers. It is also conceived that instead of the system bringing about measures to curb crime, it is at the center of creating the same crimes in the first place as many inmates are prosecuted and not assisted in the greater path of reforming or rehabilitation thus, many of them frequently end up before the courts and prosecuted by the same prosecutors after serving their prison or jail sentence on a minor offence.…

    • 1726 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    The three pieces of the criminal justice work sequentially. For example, once a crime has been committed, law enforcement investigates. Once a suspect is apprehended, the courts take over. Although police and detectives may offer testimony in a trial, it is really the courts show until a verdict is reached. Then, if the accused is found guilty they are sentenced, and turned over to corrections.…

    • 82 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In the criminal cases due process includes the need for probable cause before you can arrest someone and that the criminal defendant is presumed innocent until a judge or jury finds them guilty of the crime. Due process focuses more on the step by step examination of the criminal defendant. The process begins by analyzing the defendants’ rights through the police investigation and if they find probable cause they are arrested. This means that the person believes a crime has been committed and the person of interest is involved. They look into the statement the suspect reported to the police and check out any evidence they have.…

    • 217 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    Prosecution Process

    • 122 Words
    • 1 Pages

    The prosecution process occurs when the prosecutor receives and reviews the evidence of the case and creates a formal criminal charge. These charges will be brought about in one of two ways. The first is incitement by a grand jury, where the prosecution presents the case and all evidence to a grand jury. This grand jury then decides whether is enough hard evidence to permit a formal accusation. In the case of an information, the prosecution will present the case to a judge, and the judge will determine if there is enough sufficient evidence to permit an official charge.…

    • 122 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    The purpose of releasing a defendant on bond is to ensure that the defendant will make an appearance later on to continue the criminal justice process (Bohm & Haley, 2014). The setting of a bond allows defendants to be released to continue their day to day life but return at a later date to finish their case. Bond setting is a right that some defendants have under the Eighth Amendment of the United States Constitution, it is not guaranteed (Bohm & Haley, 2014). In this scenario, I believe that the judge did have a right to release Danielle on bond. Both of her offenses were felonies, but they were not considered violent crimes.…

    • 550 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Chevar Mcnair In my opinion criminal procedures in our federal and state courts is very unorganized in a plethora of ways. First, everyone does not get the same type of punishment for the same crimes. The fact that there are crimes individuals commit that can be the same exact crime yet get complete different punishments conveys how precarious our criminal procedures in our courts are. I believe everything that is legal may not be ethical.…

    • 485 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    In the most recent decades the criminal justice system has made significant strides and has grown tremendously. In result, numerous people have been interested in pursuing criminal justice careers which has resulted in an dramatic increase on the amount of research on the criminal justice system and it’s related topics (Copes and Pogrebin, 2012). Therefore, we now have the ability to know more about how the criminal justice organizations function on a day to day basis. In Voices From Criminal Justice, Copes and Pogrebin (2012) select articles which provide insights into the major aspects of criminal justice by presenting perspectives from individuals, such as police officers, who work within the system and from individuals, such as citizens,…

    • 833 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    The American Criminal Justice System follows a series of events in response to crime. Individuals, families, associations, corporations, industries, institutions, and the media initiate the first response to any crime. In the United States, citizens are able to engage in the criminal justice process by informing the police of a crime and through participating in court by being a witness or a juror. Through voting and paying taxes, citizens also aid in the policymaking process of the criminal justice system. Citizen involvement in the criminal justice process is crucial, as it cannot serve the people as it should without it.…

    • 990 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    After a suspect has gone through the process and was sentenced to be guilty, the next step will be carrying out the sentencing order. This phase of the criminal justice process is called the corrections phase (Travis & Edwards, 2015). There were various components in this corrections phase. This phase includes incarceration, probation, parole and community corrections (Travis & Edwards, 2015). All this components differ from one and another.…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The criminal justice system responds to fees paid to the agency or organization, which the crime is affiliated with our government system. These government duties entail upholding an investigation (generally done to see if any admission of guilt occurs). Then once the investigation is signifying the next step is to formally charge of the suspect (execution of charge are delegated for further examination). Then the final process is to set the tone is actually established by making the first initial appearance within the judicial system where the allegations shall be drawn up as public records.…

    • 1248 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Civil Law Vs Criminal Law

    • 885 Words
    • 4 Pages

    INTRODUCTION The system of law that is concerned with the offender’s punishment is called criminal law. The duty of care is the legal or moral obligation for ensuring the safety and well-being of other. The current assignment has been divided into two parts. Part A discusses the difference between civil law and criminal law. It also provides explanation to Michael regarding criminal sanctions that might be faced by him.…

    • 885 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    No matter what part of the country we live in, crime is a problem. This issue places a huge responsibility on our government and law enforcement agencies. We rely on the authorities and trust that all criminal investigations will be processed and completed successfully. No matter how great investigative work becomes, crime will never cease to exist. However, investigators play a key role in maintaining order and justice.…

    • 777 Words
    • 4 Pages
    Improved Essays