The Criminal Path, Research Paper Example

The criminal justice system provides several different steps as a process for criminal processing to determine the guilt or innocence of an individual who is being charged or accused of a crime.  The processes differ depending on the state in which the crime occurred and is being tried as well as the extent of the offense.  For instance, smaller offenses are normally heard by the local municipal courts while greater offenses will be heard before the Superior Court, State Supreme Court, or a higher court within the state.  Within the United States, the degree of the criminal offense may also determine where the court is heard and how the process occurs.  Criminal offenses are delegated by one of four total degrees; the higher the degree of the crime, the higher the potential penalty due to the increased seriousness of the offense.  This is not to say that all criminal offenses are not serious; however, the degree of the offense is determined by the court system and has differing penalties based upon the court system in the United States.

The actions that occur for a charged offender are different for the first appearance than typically for a multiple-time offender.  Depending on the extent of the law that was broken and the charges brought against the defendant, the individual is either arrested or issued with summons to appear in municipal or Superior Court.  The individual may be arrested based on a warrant or if evidence justifies the action, the individual may be arrested immediately at the scene of the crime.  A summons is only issued under the situation whereby the defendant has been charged for the first appearance; whereby, multiple-time offenders are typically arrested and held until time by which bail is posted or until the court ruling has been made.  If the defendant receives a summons and fails to appear in court on the scheduled time and date, a warrant may be issued for the arrest of the individual if there is proof that the individual has received his or her summons.

At the first court appearance, defendants are advised of their rights. Their bail is reviewed.  The issuance of bail differs depending on the state in which the crime and charges have been brought, but it is typical that bail is to be set or a denial of bail be ruled within twelve hours of complaint having been issued.  Each state is different and depending on the type of charge being brought upon the defendant, some states may not always grant bail.  However, other states such as New Jersey provide bail for all defendants (“The Criminal Justice Process”, n.d.).  Bail can be a serious issue because bail may be posted but then defendants may go missing or flee based on the charges brought against them in order to avoid being tried in court.  Therefore, some states require individuals to deposit money or physical property as a promise to appear in court on the scheduled date and time.  However, some states may also grant a release on own recognizance if the person is well-known throughout the community or has no previous criminal history (TexasBar.com, n.d.).  Either the ROR affidavit or the deposit of money or property serve as recognition on behalf of the defendant that they are aware of the charges brought against them and that they promise to appear before the court as scheduled.

Prior to the court appearance, several important steps may occur which involve informing the defendant of his or her natural rights under the court system as well as performing evaluations upon the defendant to determine potential assessments that may be of use to the court during the court hearing.  First of all, every individual charged of a crime is advised of his or her right to counsel in which case the person is allowed to have an attorney present to represent them and to act on behalf of the defendant when answering the charges (Cole & Smith, 2008).  Not all defendants are able to afford their own attorneys.  If this is determined to be the case, the individual will receive an indigence investigation in which the court system will review his or her personal finances, assets and liabilities to recommend that a public defender be assigned to the defendant.  The criminal justice system will also review the previously mentioned bail, the amount of the bail and the individual’s ability to post bail.  This information will also be accompanied by an analysis of his or her tax records, wage records and all other relevant information that will be used to determine if the defendant is actually able to afford a private attorney to represent them.  If the individual is found to be indigent, a public defender is appointed by the courts and the attorney will represent the defendant until the case is completely resolved.

Before a trial is heard, the prosecutor’s office will engaged in two important activities to determine whether the case should be heard before a higher court.  The first activity is to determine whether there is sufficient evidence to warrant bringing charges against the defendant that would be heard before a higher court.  If there is determined to be insufficient evidence, the case will be downgraded or sent back to the municipal courts (CourtWatchFlorida.org, n.d.).  There are also circumstances in states where the prosecutor’s office may drop all charges if it is found that there is insufficient evidence regardless of the charge.  The final activity is to negotiate a potential plea bargain to avoid a lengthy court hearing.  The defendant’s lawyer and the prosecutor will negotiate to determine the degree of the charge and any potential reductions in the charges being brought against the defendant in exchange for a guilty plea.  According to statistics from the state of New Jersey, over 70% of all cases are resolved through plea bargain without ever seeing a full trial (“The Criminal Justice Process”, n.d.).  The plea bargain is the final step in the process before the case will be heard by a grand jury or presented before open court in a trial – two critical options that are both customary and awarded to the defendant based on constitutional rights.

The first option awarded to the defendant is a hearing before a grand jury.  The grand jury is a body of citizens who have been selected through voter registration, tax lists and even through driver’s license records to hear the case (“The Criminal Justice Process”, n.d.).  The goal of the grand jury is to hear the evidence presented to them by the prosecutor to determine if an indictment is warranted.  If the defendant is indicted by the grand jury, this does not show that the defendant has been found guilty.  Instead, the indictment is grounds to send the case to further court proceedings which will lead to the arraignment process whereby the defendant is able to make an official plea and all attorneys, witnesses and representatives of the accused are able to be heard before the court.  After the case has been heard, the judge will order a presentence investigation by case supervisors in which case the final sentencing will be awarded after the conviction has been established.

A trial is slightly different than the proceedings of a grand jury in that a jury of peers is present to hear all parties involved and present a final ruling of guilty or not guilty by the jury or the judge.  A grand jury may send the case back to the municipal court system or may decide to move forward with the arraignment process if an indictment is officially made.  A trial is the final step in the process in which all parties involved plead their cases and guilt or innocence is determined (TexasBar.com, n.d.).  Upon this conviction, sentencing is determined by the judge who heard the case throughout the process.  The judge may decide to order a presentence investigation as mentioned in the grand jury arraignment option.  Nevertheless, the judges will determine the date for sentencing in which case the penalty will be awarded based on the ruling of the court and the criminal will be held responsible by the court to adhere to the sentencing provided.  While this is true, the criminal is always able to appeal a ruling by the courts based on bias, evidence or any other reason that is determined to be justified by the higher courts within the state or federal governments.  In the end, the ultimate goal of the process is to decide whether the defendant is innocent or guilty of the crime in which they are accused and that the final ruling is carried out by the criminal justice system.

References

Cole, George F., and Christopher E. Smith. Criminal Justice in America. Belmont, CA: Thomson/Wadsworth, 2008. Print.

CourtWatchFlorida.org, . (n.d.). Criminal justice process. Retrieved from http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf

TexasBar.com, . (n.d.). The texas criminal justice process. Retrieved from http://texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/TheTexasCriminalJusticeProcessACitizen’sGuide.

“The Criminal Justice Process.” New Jersey Courts Online. Web. 01 Dec. 2010. <http://www.judiciary.state.nj.us/criminal/crproc.htm>.