Free Custom «Criminal Justice Process» Essay Paper

Joe Smith has been arrested for Carjacking, a felony in MI. Describe the structure and process of the criminal justice system that Joe will experience.

The criminal justice procedure commences with the inquiry; in that case, Joe will encounter police officers who will be trying to get information about the carjacking in detail. The investigation taking place will be directed towards gathering evidence against Joe during the court process. After the arrest by the police following their investigation or complaints from the owner of the car, the case is handed over to the prosecutor. The prosecutor will decide whether the case is to be presented in court or not. If not, the prosecutor may dismiss the case or ask the arresting police to gather more evidence against Joe. When the prosecutor chooses to take the incident to court, Joe will have to appear to the jury, who will carry on the court hearing. Since Joe’s accusations are in the category of felonies, he will have to be in court detention during the court process. During this detention period, he will have access to a public defense attorney if he cannot afford a private lawyer. He will explain his case to the defense attorney, who in turn will argue his defense in court. During the arraignment before the jury, the accusations will be read to him, where he will plead guilty or not guilty (Walker, 2005). If he pleads guilty, then the jury will give a softer punishment to him. If he implores not awkward, he will have to go through the second and third court hearings. After these court hearings, the judge will decide the sentence depending on the evidence and witnesses presented to him. Both the prosecuting and defending agencies will have presented their side of the events. If the judge acquits Joe, then he will be free. Otherwise, he will have to serve the punishment meted to him or appeal the case in a higher court.

 

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Discuss the roles played by the police, prosecutor, defense attorney, courts and corrections.

The first interaction a suspect has in the criminal justice structure is ordinarily with the police, who scrutinize the alleged wrongdoer and make the detention; however, if the accused is dangerous to the whole state, a nationwide level enforcement agency is called upon (Savelsberg et al., 2004). In this case, the law enforcers are permitted to use vigor and other methods of legal compulsion to protect the community.

The prosecutor is a court officer who carries concerns against a person or group of people who committed offense. It is the prosecutor's obligation to clarify to court what crime was done and describe what proof has been found to implicate the suspect. The prosecutor should not be muddled with a plaintiff. Though both make objection before the court, the prosecutor is a help of the nation who makes charges on behalf of the public in criminal procedures, whereas the complainant is known as the plaintiff.

Defense attorney is a lawyer who presents the client’s interests during the court process. Defense attorney is also responsible for providing legal counselling to the accused making him aware of the options, his rights, and possible outcomes of the case. Defense attorney does only what the client wants. He can also present counter evidence in the court as well as challenge prosecution evidence.

Corrections are the forms of punishment that court may take after the it finds the accused guilty. Corrections could be prisons, fines, house arrest, probation, execution, and public service (Neocleous, 2004). People in charge of overseeing corrections ensure that the offender serves his\her punishment fully. Mostly, corrections appear in the form of prisons, where offenders are confined.

Identify the specific agencies involved in the process.

The mostly likely agencies to be involved are the Ada County Sheriff’s Office, a detective of State Police Department, local law enforcing agency, or the state law enforcing agency.