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The judicial process is a valuable exercise in the course of justice administration and upholding of the rule of law within societies. It is a rigorous process that involves active participation of different players, each of whose has a role. There are other legal requirements that judicial processes seek to fulfill, including legal interpretation of sensitive matters of indispensable interest and determination of appropriate corrective measures on individual behavior (Cardozo, 2010). Essentially, judicial processes may be necessary to handle offer directions and guidance on issues of juvenile delinquency and other social issues. This paper examines the different players in judicial processes, their roles, and the relevance of probation and parole in the society.
Elements of Judicial Processes
The court system is the most conspicuous element of all judicial processes. In the United States, there are different levels and structures of courts. There is the Supreme Court, the Court of Appeal, and other low level courts that have their definite functions to play. The court system provides judges and magistrates who hear and determine cases. They give their judgments according to the evidence available and the judicial procedures in place (Samaha, 2005).
Another player in any judicial process is the prosecution. The prosecutor examines validity and legitimacy of a given case and endorses the possible determination of the case by the judge or magistrate. The prosecution interrogates the complainant and the defendant so as to suggest the recommendations for the supposed offense.
In addition, the department of police plays a crucial role in judicial processes. The police aid in the collection of exhibit items and facilitate judicial through serving the accused persons with court summonses and effecting arrests for criminal offenders for confinement. The police officers mainly do a facilitative task.
Other critical parties of any judicial process are the plaintiff and defendant. The plaintiff is the aggrieved party seeking for justice. On the other hand, the defendant is the accused seeking to exonerate him or herself from any wrongdoing, or plead guilty to the charges. The two parties must exist for any judicial process to begin (Samaha, 2005).
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Lawyers, advocates, and witnesses, are also the parts of the judicial process composition. Lawyers and advocates represent their clients (plaintiff and defendant) and advise them accordingly in the legal issues at hand. For any allegation to be legitimate, there must be credible evidence. Witnesses offer that evidence in the form of narrations of the events leading to the alleged offense and explanations to support the matter of contention.
Probation and Parole
In America and many other countries, people who commit minor crimes, especially young persons or first-time offenses, have the opportunity of avoiding arrest and being brought to prison. Such offenders perform certain tasks under the supervision of probation officers. On the other hand, parole means the conditional release of a convicted person before the expiration of their jail term. The released individual goes into the community where he or she offers community service under the supervision.
Both probation and parole serve similar functions. They aid in decongesting of prison facilities, reducing cost of incarceration that the state spends on such individuals, and rehabilitation of the offenders through supervised community service. Besides, the supervised community services of the affected persons offer them a smooth integration process into the community (Abadinsky, 2011).
Similarities between Probation and Parole
There are a number of similarities between the concepts of probation and parole. To begin with, it is noteworthy that both are subsystems of corrections. In addition, parole and probation put strict emphasis on reform and humane treatment of individual, even the offenders. The two processes deal with people who have undergone the criminal justice system and comply with stipulated, standard conditions. The role that both processes play is similar: corrective measure, reducing overcrowding in prisons, and saving the state money (Samaha, 2005).
Difference between Probation and Parole
In spite of the many similarities, there are several distinct differences between parole and probation. Firstly, an offender never sees the door of a prison being on probation. On the contrary, parole serves to help an already incarcerated criminal offender leave prison. Furthermore, probation is a function of the court system whereas parole is an administrative function under the Corrections Department. In addition, the judge or magistrate grants or denies probation for a criminal offender. On the contrary, parole is only possible when a parole board grants it. A court cannot grant parole to an individual (Abadinsky, 2011).
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Judicial processes are necessary to ensure that there is effective justice administration. It compels individuals to uphold the rule of law and punishes those who violate established rules and regulations of the state. Judicial processes help in ensuring procedural and orderly execution of the fundamental tasks. They restore sanity in the community that is prone to social challenges, which result from irresponsible behavior and intentional criminal activities.
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