In any society, individuals within it recognize the existence of certain laws and their importance. It is though such laws that people have ability to enjoy and create a safe environment upon which they can carry out their day to day activities. Nevertheless, despite abiding by set rules and laws, enforcement responsibility does not lie with people. Whether one chooses to follow or break the laws, criminal justice system will have the enforcement responsibility. Therefore, criminal justice system delivers justice for all people through punishing and conviction of offenders and still, on the other hand, protects innocent (Daly, 2012). The criminal justice system has a set of stages that it operates under such as arrest, pre-trial, trial, and appeal. Each stage has its own steps, and an individual is always “innocent until proven guilty.” The criminal justice systems allow people to live in a society that they can enjoy for it is safe and comfortable.
Steps Summary Arrest
Following the arrest of an individual, one must first be taken into custody. However, in case of a grand jury outlays a charge or prosecuting attorney documents information, magistrate or judge will issue an arrest warrant for charged individual, and if not arrested, person will be taken into custody. After being taken into custody, individual must be informed of all charges held against him/her and right to remain silent. The person is given a chance to consult with a lawyer who will be present during questioning, and if one cannot afford a lawyer, lawyer is appointed for the person. In case an individual has been arrested without a warrant, various administrative tasks such as checking for any other outstanding arrest warrants, fingerprinting, etc. will be carried out as one is being held. This period of holding an individual varies across different states though it should not be more than 48 hours. The individual must have an arraignment before Magistrate or judge before holding period ends.
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Pre-Trial
In pre-trial stage of criminal justice process, arraignment is held for the person (Sotak et al., 2016) this stage; judge will read out all the charges being laid out against the person. The individual is asked whether a lawyer is present and invited to enter their plea which can be no contest, not guilty or guilty. The plea bargain stage is whereby prosecuting attorney makes a concession to a defendant in case they agree towards pleading they are guilty. Most cases end at this stage. The preliminary hearings are held in case there is no plea bargaining. At this stage, the judge will listen to the different pieces of evidence laid by the prosecution and decides whether evidence is sufficient to charge the defendant (Sotak et al., 2016). The attorney for the accused is present to challenge the evidence introduced by the prosecutor. This is through presenting evidence on behalf of the accused and in case the judge rules out that there is probable cause, the case will become, forwarded to a trial court of law.
Trial
The trial is the highest-profile stage of the criminal justice procedure (Sotak et al., 2016). This is due to the fact that, most cases resolved during the pre-trial phase through plea bargains, no contest or guilty pleas. During the trial phase, jury will have to ensure that they scrutinize the proof brought forward beyond a judicious doubt that the defendant committed the crime at hand. Selection of a jury is the first step in a criminal trial, however, in rare cases, they can be heard by a judge. The judge in collaboration with the defendant’s and plaintiff’s attorney will select a list of jurors who have some understanding of the case. An exclusion of particular jurors may be allowed by using “peremptory challenges and challenges for cause. (Sotak et al., 2016)." The opening statements include one from the defense, and the government is brought forward. The prosecutor lays out the statement before defense for the government has the “burden of proof” as to why the defendant is guilty. The “case-in-chief” is the heart of any criminal trial. During this stage, the prosecutor will lay out evidence against the accused in an attempt to convince the jurors that the crime was indeed committed beyond a reasonable doubt. The defendant has a chance to present the evidence, and it is at this point that cross-examinations are seen whereby witnesses are called in. Closing arguments are allowed for both government and defendant's attorney as each side tries to prove why its stand should be considered. The jury instruction allows the jury to decide whether the accused is guilty by following a set of legal standards presented to them by the judge (Sotak et al., 2016). The final phase of the trial will involve a process referred to as a "deliberation." The jurors will try to agree on whether defendant is guilty or not guilty of charged crime(s). After a verdict has been reached, the jury's foreperson will present the judge with a final judgment which is announced later by the judge in an open court.
Federal and State Appeals
A case can go through a federal or state court system depending on the nature of offense (Richman and Reynolds, 2013). In case an individual wants to appeal a case, they will have to go to the court that convicted them in the first place. The state of appeal systems are similar across the country with minor differences. Such differences appear when filing an appeal in the federal court, the defendant will file a notice of appeal. This notice has arguments appellant would like to be used in the reversal of the conviction. The appellee will have time to file an answering brief which is followed by a second brief from the appellee. Oral arguments are at times used before a decision is made from appellee's and appellant's side. The appeals court judges will meet after an oral argument has been made and discuss the case after which a decision is made. In most state appeals, one will be required to file a notice of appeal. In case one wants to request for oral arguments, they must be included in original appellate brief. The trial court will then prepare the record which includes a transcription of the testimony. The original notice must be filed within a period not more than 30 days awhile the motions 90 days (Richman and Reynolds, 2013). In case notice of appeal is filed late, one can file a notice of restricted appeal. A decision is then made by appeal court judges on whether an error of law occurred in first conviction offered by courts.
Contingencies and Possible Outcomes
After an individual has been arrested, there are a series of events that follow. The police must ensure that adhere to certain legal procedures and after one is placed in custody, individual becomes a suspect, and one has no ability to walk away from arresting officer. The police take possession of all the items an individual has of which one will be requested to sign for the inventory. The police will require personal information, a photograph and including fingerprints. In case one is detained and not booked within a reasonable time frame, one’s attorney can seek for a writ habeas corpus (Halliday, 2010) . In case one is arrested and booked, case is forwarded to right prosecutor’s office and charges being levied upon the person will be determined.
During the pre-trail, there are mainly two possible outcomes; this is either case will become resolved, or it will be prepared for trial. During this stage, after the judge has read out charges being made against the accused a plea bargaining phase is introduced (Sotak et al., 2016). The accused can agree to plead to a lesser charge than the initial one or a lesser punishment they might end up receiving in case a trial is set. In case it involves multiple charges, defendant can agree to one charge while the prosecution drops the other charges. However, in the plea bargains, the prosecution and defense can choose to accept punishment or disagree. This will force judge to choose from either punishment presented from both parties. However, in some states, disagreed plea is referred to as "defense capped" whereby judge is allowed to choose a punishment that is much harsher than defendants. However, defendant can choose to withdraw their plea, and case will be set for a trial.
Before beginning of any trial, a process referred to as “ voir dire ” must be done. The judge and attorneys from both sides question potential jurors to ensure that they are fair and impartial (Sotak et al., 2016). During trial, the government and defendant’s attorneys will present their evidence to the jury including cross-examination of key witnesses. The trial can be held fully and partial private depending on the nature of the crime and witnesses. From the trial, there are mainly three types of verdicts that can be arrived at; not guilty, guilty and no decision. In case an individual has multiple charges, each charge is considered separately. In case a person is found not guilty, judge will drop all the charges, and he/she is free from all criminal liabilities and in case Bond had earlier been made, it will become released. In case verdict is guilty on one or several charges, the judge carries out the sentencing immediately (Sotak et al., 2016). In case the jury has no support to give a guilty or not guilty verdict, judge considered it a "deadlock." They are, therefore, given a chance to break it. In case they cannot agree, judge gives a mistrial, and this lead to another trial or defense attorney gets a platform upon which they can ask for much lesser charges against their client.
The appeal is not another trial set before a new set of judges, rather, it is one set before a panel of appellate judges as a result of issues in law. Therefore, most outcomes expected from an appeals court are neither guilty nor not guilty verdicts. The appeal court will uphold the pronouncement of the trial court, reverse decision from the court of first instance or remand the case back to the trial court.
Constitutional Protections
A person becomes a criminal defendant after being charged with a crime, and it is the duty of government to ensure it proves their guilt beyond a reasonable doubt before their conviction. The USA constitution provides criminal defendants with various constitutional rights which control how the government will carry out investigations, prosecutions, and punishments against them. Most of these rights are given in fourth, fifth, sixth and eighth amendments.
After an arrest, defendant is protected by fourth amendment against any unreasonable searches and seizures. Constitution requires that police must have probable cause before searching and seizing a defendant. This is to ensure that government does not use unlawfully acquired evidence against respondent in a court of law. The Fifth Amendment protects the defendant against self-incrimination through right to remain silent. These rights are at times referred to as Miranda rights. The defendant has a right to testify and confront the accusers on their behalf (Kusha, 2004).
During pre-trial stage, sixth amendment right offers the defendant a right to have legal representation. In case the defendant does not have the ability or financial backing to afford legal representation, it is duty of the government to ensure that it appoints an attorney for the defendant. The defendant likewise has a right to refuse any legal representation and represent him/herself. In case the case goes to a trial, the eighth amendment rights provide defendant with a right to reasonable bail. The defendant might leave jails after posting bails to ensure that they will return for trial. The court, on the other hand, should not grant bail to a defendant that is excessive in nature when compared to the nature of their crimes (Kusha, 2004).
In trial, trial, through the sixth amendment, defendant has a right to confront witnesses. The defendant will cross-examine witnesses and counter any testimonials that are presented against them. This, in turn, will ensure that jury determines the reliability of the witnesses' accounts. This right also gives the defendant an opportunity to face the witness though it is only in rare cases whereby the witnesses do not have to face defendant. The defendant has a right to a swift trial to make sure that government does not carry out secretive hearings that might violate one's rights. The defendant has a right to a public jury. The eighth amendment ensures that the defendant has a right not to become subject to unusual a cruel punishment. This is following the convictions of the accused after being found guilty. This right also ensures that the conviction is proportional to the crime committed by the respondent (Kusha, 2004).
Criminal Justice System Effectiveness
The current national policies that manage criminal justice system in relation to punishment, prevention and control have become overbalanced especially toward punishment. The non-violent offenders are at times imprisoned in a number and length that is out of proportion as compared to the rest of the world. As of 2014, the rates of incarceration in the USA were among the highest in the world (Western et al., 2014). In the USA, it represents about 4% of the entire global population; however, it occupies 22% of all the world's prisoners (Western et al., 2014). In the USA, the sentences that accompany non-violent drug offenders are quite extreme. The confinement conditions are thus not just harsh but should be described as being unconstitutionally abusive.
The mandatory drug sentencing is unfathomable in sense that a person found in possession of about 280 grams of crack cocaine can face up to 20 years life imprisonment. Another area of contention for most of USA citizens is that they see the “three strikes” criminal prosecution provision as being ineffective (Chen, 2008). This law allows a judge to increase a prisoner's sentence in case they have more than two previous convictions related to violent crime or felonies. This is an indication that the current USA criminal prosecution system requires significant changes in the way it handles the cases presented before it.
Recommendations
So as to make the system more fair and ethical, funding priorities should become shifted from exclusion and trial of illegal drugs to a well-adjusted approach that is more preemptive and preventative. Over past decade, there has been a rise in drug-related prosecutions which has also seen an increase in number of drug offenders. As such, most of funds have always been directed to initiatives that aim at interdiction and law enforcement and reduction strategies such as education and prevention continue to receive minimal funds. The Congress should, therefore, increase funding for such preventative strategies which will see a reduction in drug-related offenses and the unconstitutional criminal prosecutions related to the crimes.
The nation should also support use of other alternatives to incarceration. This is because imprisonment has been regarded as being the primary criminal sanction used in the country. This has played a huge role towards an increase in the numbers of prisoners in the USA correctional facilities. The nation should use other alternatives such as community service, home detention, probation and intermittent confinement.
Conclusion
Every citizen relies on the criminal justice system to ensure that environment they live in and carry out their day to day activities is safe. The system must meet the fundamental rights of all people and have an ability to separate the innocent from criminal, support deterrence. It should also be fair into only innocent people but also the guilty. The criminal justice system should also have an apparatus that will make it easier for offenders once the re-enter back into the society; they do not commit their crimes again but rather become productive citizens.
References
Chen, E. Y. (2008). Impacts of “three strikes and you're out” on crime trends in California and throughout the United States. Journal of Contemporary Criminal Justice , 24 (4), 345-370.
Daly, K. (2012). Aims of the criminal justice system. Crime and justice: A guide to criminology. Australia: Thompson-Reuters .
Halliday, P. D. (2010). Habeas Corpus: From England to Empire . Cambridge, Mass: Belknap Press of Harvard University Press.
Kusha, H. R. (2004). Defendant rights: A reference handbook . Santa Barbara (Calif.: ABC-CLIO.
Richman, W. M., & Reynolds, W. L. (2013). Injustice on appeal: The United States Courts of Appeals in Crisis . New York: Oxford University Press.
Sotak, A., Whitaker, A. C., Walker, R. E., & McComber, R. K. (2016). Civil Procedure: Pre-Trial & Trial. SMU L. Rev. , 2 , 71-517.
Western, B., Travis, J., & Redburn, S. (2014). The growth of incarceration in the United States . Washington, DC: National Research Council.
