Criminal Prosecution And The Judicial Process - 980 Words

Criminal prosecution develops through various stages in the judicial process beginning with the arrest of an individual and ending at a point before, during, or after a trial. The criminal procedure is based on the constitutional laws, statues, and court rulings that are meant to render justice in a criminal case. The government must follow these procedures during the entirety of a criminal case. Beginning with the initial investigation of an individual suspected of a crime, through the arrest, jailing, arraignment, and thereafter. Although they must act within the boundaries of the law and protect an individual s right to the 4th amendment of the constitution, police officers are allowed to conduct investigations, perform search and seizures, and arrest individuals that are suspected of a crime. Police officers do not need justification to stop someone and question them, but in order to search an individual a police officer must have probable cause. In order to make an arrest, the o fficer must either observe an individual committing a crime, have probable cause that a crime has been committed by that person, or have a valid arrest warrant. There is no scale to measure what probable cause is, so at the time of arrest, this is completely at the officer’s discretion. This can cause officers to subdue the wrong individuals or make faulty decisions. Judges have the final say on what constitutes probable cause, and police officers must be able to ultimately justify theirShow MoreRelatedCrime Control Model And The Due Process Model903 Words   |  4 PagesAmerican Criminal Justice System The criminal judicial system in America has two main models, the crime control model and the due process model. There has been several debates on which model is the most effective in combating crime in America. Crime control model emphasizes on crime reduction by increasing prosecution powers (Hung-En, 2006). On the other hand, the due process model of crime control aims at i ncreasing the people’s rights and liberty and limiting governmental powers. Unlike the dueRead MoreThe Criminal Justice Process From The Point Of View975 Words   |  4 Pages1. 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 informationRead MoreAs a former Dutch colony, Indonesia has adopted a criminal justice system within the civil law700 Words   |  3 PagesAs a former Dutch colony, Indonesia has adopted a criminal justice system within the civil law tradition. During the colonial period, The Dutch government established dual criminal justice system. First was The Reglement op de Strafvordering which closely same as the Dutch Criminal Procedure for Europeans, Chinese and other foreign oriental. This code was much stricter, and therefore better protected under the law. Other code was the Inlandsch Reglement for Indonesians which under the much looserRead MoreThe Pre Trial Process1592 Words   |  7 PagesRunning Head: The Pre Trial Process After a suspect is arrested and officially charged with a crime, he or she becomes a criminal defendant (Zalman, 2008). This step is significant in the criminal justice process because it brings several new sets of rules into play related to the defendant’s trial. Before a criminal defendant can be tried however, a number of milestones must be met and several obligatory processes must be completed. These procedures are designed to ensure that a fair trialRead MoreThe Criminal Trial Process: From Jury Selection to Sentencing1340 Words   |  5 Pagesï » ¿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 personRead MoreThe Silence Inside The Court Room934 Words   |  4 Pagesand on the part of the court and the family of the victim; there is justice while anguish on the part of the aberrant. In consequence, criminal court is where justice occurs as criminals are detailed ruling while victims reach cessation. This has been a rudimentary awareness on the role of criminal justice system; its process is becoming more multifaceted. Criminal courts are where the offenders who made defilements on the applied public laws are tried before a jury or judge and receive sentence.Read MoreThe Judicial Process Of Course998 Words   |  4 Pagesfairness in the judicial process of course, a jury alone does not guarantee a fair and impartial trial. VIIII- Prosecutors’ role in civil law and common law systems A-Prosecutor in civil law systems The Public Prosecution has two major functions, which are to file criminal actions when acting as public prosecutors before a criminal court and the right to initiate actions, even if the plaintiff has relinquished his right to do so, public prosecutors exanimate crimes, visit crimes’ scenes, questionRead MoreInternational Criminal Court : An International Tribunal Focused On International Crime1328 Words   |  6 PagesThe International Criminal Court in Den Haag, known as the ICC is the first, and only, permanent international tribunal focused specifically on international crime. Originally established in 2002, the ICC was established with the responsibility of investigating, charging, and prosecuting individuals suspected of ordering or committing genocide, crimes against humanity, and war crimes. ICC was established with the adoption of the Rome Statute of the International Criminal Court in at a diplomaticRead MoreA Prosecutor On Civil Law System967 Words   |  4 Pageslaw system The Public Prosecution has two major functions, which are to file criminal actions when acting as public prosecutors before a criminal court and the right to initiate actions even if the plaintiff has relinquished his right to do so, public prosecutors exanimate crimes, visit crimes’ scenes, question the accused, issue search warrants, and order the imprisonment of the accused on the account of a crime for a period of fifteen days prior to trial or prosecution. Moreover, joining theRead MoreCourt Systems in China and the United States994 Words   |  4 Pagesboth China and the United States, the judicial system is composed of courts that contain several different levels. However, there is a basic structural difference between the Chinese and American legal systems. In America, the three branches of government are supposed to be separate, so that the court system is supposed to be beyond party politics and partisan antics. This separate system of checks and balances does not exist in China. On the contrary, the judicial branch is not independent. It is meant