Law courts, law enforcement agencies, and correctional facilities make up the criminal justice system mandated with maintained law and order. The three subsystems collaborate to ensure that victims get justice while criminals get requisite punishment for the offenses. Law enforcement agencies initiate the criminal justice process, the law courts then take after, and if there is reasonable cause, the suspects are moved to correctional facilities. This whole process could be summarized as the 13 decision-making steps with each of the three subsystems playing specific roles to enhance the success of the criminal justice procedure.
The first step in the decision-making process is the investigation, a responsibility of law enforcement agencies. Investigation allows the police to gather evidence, which is then used to determine the individual(s) who committed the crime. The gathering of evidence involves interviewing witnesses, taking videos and photographs, and collecting physical evidence (Simonson, 2019). This step requires police to conduct exploration inspection or search of person or property to develop a probable cause. Probable cause establishes that the evidence and facts point to criminality, thus directly connecting the suspect to the crime.
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The next step is an arrest , where law enforcement officers apprehend suspects based on the analysis of evidence. Moreover, a police officer has the right to arrest individuals if they committed the crime in the officer's presence. The main reason for the arrest is for holding suspects is to ensure that they are readily available to be produced in a court of law so that they could answer the charges (Capers, 2018). Arrest indicates that the law enforcement officers have managed to link suspects with the crime in question.
Booking is the next step, where law enforcement officers process the criminal suspects by taking notes on their personal information. Officers usually take the suspect's fingerprints impressions, which they use to conduct a background check to establish if they have been involved in other crimes (Simonson, 2019). Furthermore, the officers get the suspect's mug shot, which is a series of photos indicating height and additional information related to the crime. The step also involves a full body search to rule out weapons and drugs in addition to confiscation and personal clothing, which is substituted with a jail uniform .
The next step in the procedure is charging, a responsibility of the law courts where suspects are informed of the crime that forms the basis of the case. During this step, prosecutors study the evidence provided in addition to discussing it with individuals involved in the case (Cryer et al., 2019). From here, the prosecutors decide if they can present the case to a grand jury, who in turn vote to decide if there is enough evidence the charge the suspect(s). If the evidence is enough, the jury issues an indictment to notify the defendant of the nature of charges leveled against him or her.
The initial hearing follows immediately upon indictment, with the suspect being brought before a magistrate where they learn about their legal rights and charges. Suspects are informed that they need to make arrangements for legal representation as well as bail options (Simonson, 2019). The magistrate has the discretion to decide whether the suspect will remain in jail or would be released on bond if he or she is not a flight risk.
The next step is the preliminary hearing , a proceeding that occurs before the criminal trial where the judge determines if the available evidence is enough to justify a trial. This step allows the prosecutors and defendant's attorney gives their arguments hoping for a trial and a dismissal, respectively (Capers, 2018). The judge relies on the probable cause standard in deciding whether the government, which is presented by the investigating officers, has enough evidence to convince the jury.
The other step is an indictment , where the grand jury concludes that there is probable cause to charge the suspect, having reviewed the prosecutor's evidence. The suspect has a right to testify in the grand jury's proceedings, although he or she cannot produce witnesses (Cryer et al., 2019). A determination of probable cause allows the jury to file a formal accusation against the individual that is accused of committing the crime.
The next step in the criminal procedure is arraignment, where the defendant receives a formal accusation against him. The court advises the defendant on his constitutional rights, including the right against self-incrimination, counsel, and trial (Simonson, 2019). On advisement of these rights, the judge will ask the defendant to enter into a plea which could be guilty, not guilty or no contest.
The trial follows immediately after arraignment, and it is either held before a judge or a grand jury, depending on the nature of the crime. This step requires the participation of both the prosecutor and the defendant's attorney, who give opening statements, examine witnesses, present objections and closing arguments (Capers, 2018). The prosecutor and defendant's attorney then give the grand jury the judge to return with a verdict.
The next step is sentencing, where the judge or the jury gives the verdict following a deliberation in the case of a grand jury. The verdict, which is either guilty or not guilty, is based on the 'guilt beyond a reasonable doubt' legal standard that convinces the jury (Cryer et al., 2019). On coming up with the verdict, the jury informs the judge, the defendant, and the lawyers in an open court.
Defendant's attorney seeking relief for suspects moves to the next step, which is appeals in the hope of reducing sentencing or dropping the case. The appellate court judges reevaluate the case to establish if there was a wrongful accusation on the part of the court. At times appeals may necessitate a fresh trial if the appellate court is satisfied with the evidence laid out claiming a mistrial.
The next step that initiates the correctional facilities' role is corrections, where individuals who have been found guilty are taken for punishment. Criminals who have engaged in the capital comes such as espionage and treason, are mainly here for punishment since they have no chance of never being released back into their communities (Simonson, 2019). On the other hand, individuals who are up for release are punished and rehabilitated at the same time to become model citizens.
The last step in the criminal system procedure is the release , where inmates who have served their term, shown good behavior, or received presidential pardon go back to their communities. The correctional facilities must ensure that these individuals will not pose additional threats before releasing them (Capers, 2018). Those that are released on parole are constantly monitored to ensure that they adhere to release guidelines or risk arrest .
References
Capers, I. B. (2018). Criminal procedure and the good citizen. Columbia Law Review, 118 (2), 653-712.
Cryer, R., Robinson, D., & Vasiliev, S. (2019). An introduction to international criminal law and procedure . Cambridge University Press.
Simonson, J. (2019). The place of “the people” in criminal procedure . Columbia Law Review, 119 (1), 249-308.
