The U.S is undeniably among the most democratic nations globally, and has a system that is anchored on the rule of law. The Justice system has been designed to mirror equality and fairness at every stage. Notably, the U.S legal system has several layers as it operates on two-level; the federal and the state system (Bureau of International Information Programs United States Department of State, 2004). This aspect has created a high level of complexity that has made the whole system fascinating. The criminal system is dependent on the constitution, which has provisions that dictate what has to be done in every stage. This paper, therefore, critically explores the various steps of the criminal process, the contingencies at every stage, and the constitutional provisions. The essay concludes by providing recommendations, which the government should consider in a bid to promote fairness and equality in the criminal justice system.
Arrest, Pretrial, and Appeals
In the U.S, an arrest marks the genesis of a criminal process, whereby a victim who is alleged or has committed a specific crime is arraigned. In other instances, a probable cause is adequate to arrest someone, and the officer must have a warrant of arrests (Hoskins Haynes, 2010). The second stage is bail hearing, whereby the defendant will enter a plea unless they are convicted of a felony; this is the stop in a court proceeding. If the case goes to a preliminary hearing, the judge has to decide whether the case will proceed to trial or not after considering several factors. Predominately, at this point, the concept of probable cause comes into play and is needed to advance the case into the next stage of a trial. In the U.S legal system, this is undeniably one of the defining moments as the statute of double jeopardy does not apply here; thus, if the case is dismissed, the case can be refiled under the same charges. Nevertheless, for a case of a felony, the preliminary hearing could be skipped, and the case goes directly to trial.
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When the case processed to the jury, it initiates one of the most involving phases of the criminal justice system as the jury has to consider all the facts provided by the attorney of the defendant and the state. The jury has to decide whether to view or not the evidence presented by the defense attorney, but they must hear the arguments provided and consider the facts given by the eyewitness. The jury has a sensitive role in determining whether the defendant is guilty or not. In other instances, these proceedings may be in-housed if it entails high profile individuals who can change the course of justice. The jury, finally, provides a verdict on the case, and the two attorneys have the option of appealing the case. A state appeal is done through the appellate court, which then proceeded to the supreme courts (Hinkle, 2015). If they chose not to review, the initial judgment stands. Therefore, Ms. Sufferer will have to pass all these criminal processes, and the evidence presented by his attorney will largely determine the decision of the jury.
Contingencies of each Stage of the Proceedings and All Possible Outcomes
In criminal proceedings, there are contingencies at every step, and the outcome depends on several factors. During the arrest, there are several contingencies one has to consider; for instance, when one resists arrest, this may add more charges and the defendant may be charged with the offense of resisting arrest. Moreover, any statements and information they reveal during the arrest can be used against them in the court proceeding. Lastly, when the defendant attempt to escapes during arrest, further complicates the court proceeding, and in other cases, may lead to injuries. Therefore, in this case, the defendant has been arrested, and these contingencies may not be relevant, but the defendant must inform the lawyer regarding the information she revealed to the police during the arrest.
The pretrial process has several contingencies, which the defendant must be aware of before the stage commences. In this phase, there are several matters one has to consider in preparing for trial. The evidence is one of the areas attorneys use, especially if they feel it violated the rights of the defendant (Leipold, 2005). Evidence is one of the most significant aspects of criminal proceedings, and any violation of law relating to evidence could force the jury to dismiss the case or acquit the defendant. Additionally, during this phase, the attorney may question the ability of the defendant to stand due to mental status. In such a case, any alternations of the mental status of the defendant may alter the course of the case and, in some instances, may lead to a mistrial, especially when the defendant is proved to be of unsound mind. The approach may also be used on the witness, where the defense attorney may question the testimony of the witness. The trial stage has several contingencies that are considered by the prosecution, defense, media, and witnesses. The burden of proof is with the prosecution, which is the state, to prove beyond a reasonable doubt that the defendant is guilty of the crime in question (Imwinkelried et al., 2011). Moreover, all the evidence presented at this stage must be obtained following the guideline set laws. For instance, if any part of the evidence presented in the trial was gathered illegally, then the case could be dismissed, and every person involved in such a process faces criminal charges. Notably, if the prosecution fails to present compelling evidence, this results in a lesser sentence or acquittal in some instances. The defense must provide credible witnesses to prove the innocence of the defendant. More so, if the defendant was issued with bail, the attorney must ensure the defendant follows the specifications of such. The appeal phase has contingencies the attorney can consider. The most common one is the double jeopardy, whereby the persecutor must ascertain that they filed an appeal that follows the provision of the Fifth Amendment (Hessick, & Hessick, 2011). Markedly, the apparent contingency of the motion is to reverse the previous decision made by the jury to a more favorable one.
Constitutional Protections for the Defendant Work at each Stage of the Proceeding
In the U.S, the legal system has provisions that protect the defendant in different stages. The constitutions provide the rights which are anchored on the concept of fairness, equality, and justice. The Fourth Amendment safeguard all citizens against unlawful detainment and, thus, officers that arrest citizens with probable cause may be subjected to both civil and criminal proceedings (Henderson, 2006). The Fourth and Fifth Amendments further protected all citizens from the use of excessive force by the police officers (Obasogie, & Newman, 2017). During the pretrial, the Sixth Amendment provides the accused the right to know the charges against them, while the Eighth Amendment protects them against excessive bail. The criminal system also grants the accused a speedy trial, and in the event that such a provision is violated, a defendant may sue the state/city in which they were tried. Lastly, during the appeal process, the Sixth Amendment protects from double jeopardy, where an individual cannot be retried for the same crime twice (Bibas & Klein, 2008). Evidently, the criminal process system follows the provision of the constitution that protect citizens, and more so, promote fairness and equality
Effectiveness of the system in dealing with criminal prosecutions
Unquestionably, the justice system has provisions that have improved the efficiency of the system. The media has been empowered under the freedom of speech act to educate the general public regarding the various cases; this aspect has in most cases, kept the justice system in check. Besides, the provision of the constitution such as Fifth, Sixth, and Eighth Amendments, has improved the system by protecting the right of the defendant. In this case, Ms. Sufferers is protected by the law to ensure that the wheel of justice takes its course.
Recommendations to make the system fairer
Undeniably, the justice system has, for many years, served the interest of citizens. To chive this, the system has provisions created by the constitution with fairness and equality as the primary agenda. However, despite the robust framework, this system has lacked accountability for citizens, especially when dealing with matters of restitution and punishments for violation of oaths. Also, the system seems to be lenient on criminals, especially in cases when the evidence was not compelling. With this in mind, the legal system must adopt policies and regulations that eliminate discretionary in sentencing, and the approach will increase fairness and equality.
Conclusion
Overall, the U.S criminal system has several aspects, which the citizen must be familiar with. Arrest, pretrial, trial, and appeal are the primary process of the legal system, whereby the defendant and prosecution have to follow the provisions in the law. The determination of criminal proceeding heftily relies on the evidence present by the two sides, which must obtain according to the set laws. The defendant is protected under the Fifth, Sixth and Eighth Amendment in a bid to create fairness. Although the system has a robust framework, the needs some change to improve its effectiveness.
References
Bureau of International Information Programs United States Department of State. (2004). Outline of the U.S legal system. Retrieved from https://usa.usembassy.de/etexts/gov/outlinelegalsystem.pdf
Cordis, A. S., & Milyo, J. (2016). Measuring Public Corruption in the United States: Evidence From Administrative Records of Federal Prosecutions. Public Integrity , 18 (2), 127-148.
Hinkle, R. K. (2015). Legal constraint in the US courts of appeals. The Journal of Politics , 77 (3), 721-735.
Hoskins Haynes, S. (2010). The effects of victim-related contextual factors on the criminal justice system. Crime & Delinquency , 57 (2), 298-328.
Leipold,, A. D. (2005). How the pretrial process contributes to wrongful convictions. Am. Crim. L. Rev , 42 , 112.
Imwinkelried, E. J., Giannelli, P. C., Gilligan, F. A., Lederer, F. I., & Richter, L. (2011). Courtroom Criminal Evidence . LexisNexis.
Bibas, S., & Klein, S. (2008). The Sixth Amendment and criminal sentencing. Cardozo L. Rev. , 30 , 775.
Henderson, S. E. (2006). Beyond the (current) Fourth Amendment: protecting third-party information, third parties, and the rest of us too. Pepp. L. Rev. , 34 , 975.
Hessick, C. B., & Hessick, F. A. (2011). Double jeopardy as a Limit on Punishment. Cornell L. Rev. , 97 , 45.
Obasogie, O. K., & Newman, Z. (2017). Police violence, use of force policies, and public health. American journal of law & medicine , 43 (2-3), 279-295.
