Criminal Justice System
An individual formally enters the criminal
justice system with the commission of a crime.
Once in this system, there is a progression of steps which ideally end
in the conviction and punishment of the individual(s) for the crime that they
committed. I will examine each of these
steps in the order in which they occur.
Bear in mind that each step could be the end of the process resulting in
prosecution or acquittal of the individual(s) who allegedly committed the
crime. (Champion, 2008, p. 5)
I will begin by listing the four main
components of the criminal justice system they are; law enforcement,
prosecutorial decision making, courts and judges, and corrections. (Champion,
2008, p. 13)
The first component of the criminal
justice system we will examine is law enforcement. As mentioned earlier, the way in which an
individual enters the system is in the commission of a crime. This is where law enforcement comes in, when
a person or persons are identified as the possible perpetrators of a crime that
has been committed; a law enforcement officer will apprehend or arrest the
individual. If the individual is a
juvenile, they may be diverted to the juvenile court system, depending on the
severity of the crime. Assuming the
individual is not a juvenile, they are then booked. This process involves the documenting of
personal information such as identity, contact information, and family members
or friends with whom the individual associates.
The information that is obtained during this process depends largely on
the jurisdiction, as they vary considerably. (Champion, 2008, pp. 13-15)
The second component of the criminal
justice system is prosecutorial decision making. This step in the process involves numerous
decisions by a number of individuals as the process advances within the
criminal justice system. Shortly after
being arrested, an individual is taken in front of a judge in what is called an
arraignment hearing. During this
process, charges against the individual are read. Usually at this point, a decision is made
concerning bail. This decision takes
into consideration the severity of the crime and the flight risk of the
individual to arrive at whether the individual will be afforded bail and what
the amount of the bail will be.
Sometimes if an individual is a minimal flight risk and the offense is
not too severe, the individual will be released from custody on their own
recognizance. This is more or less a
promise to appear for their court date. (Champion, 2008, pp. 18-20)
Now we come to the third step in the
criminal justice system process which is courts and judges This step is where
the prosecution decides if there is enough evidence against the accused to
proceed with a criminal trial. If there
is not enough evidence to proceed then the defendant is usually released. If enough evidence exists then the case will
proceed. Sometimes there will be a plea
bargain on behalf of the defendant. This
is a guilty plea either to a lesser charge or in exchange for a lesser sentence. This saves the court valuable time in
processing the case even further in the criminal justice system. With this step completed a sentence is handed
down. The next process is then
corrections. (Champion,
2008, pp. 21-22)
The fourth and hopefully the final
step in the criminal justice system process is corrections. I say hopefully because if this is the last
step there is no recidivism. Once the
sentence is handed down the defendant is remitted to corrections to carry out the
sentence. Again, depending on the
severity of the crime, the judge may suspend the sentence. If the sentence is probation, then the
defendant is referred to a probation officer.
Depending on what restrictions were imposed by the sentence, there is a
variety of freedom for the individual.
If the sentence involves the individual doing time in prison, then the
individual is moved to the appropriate facility. The individual may be released from custody
before the entire sentence is served.
This has to be approved by a parole board. If approved, the the individual is placed on
parole, which is very similar to probation in that it involves restriction of
freedom of the individual. This also
saves time and money. (Champion, 2008, pp. 22-25)
References
Champion, D. J. (2008). Probation, Parole, and
Community Corrections in the United States, Sisth Edition
. Upper
Saddle River, NJ: Pearson Education.
Dennis Bowman 20 June 2012
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