Components of Criminal Justice System free essay sample

This presentation will address the components of the criminal justice system and the stages of the criminal justice process. Police, court and corrections are the main components in the criminal justice system; they each play a significant role in the various stages. The content will be an overview of the criminal justice system as well as a description of the police officer, district attorney, defense attorney and local magistrate roles. The prosecution should become involved in a case post arrest and stay out of the original stages of the investigation to avoid a miscarriage of justice. A defense attorney can become involved in a case before the person is investigated or arrested because everyone has the right to counsel at any time. A magistrate judge’s function begins after the police file a criminal complaint and ends when the case proceeds to trial. Criminal Justice The criminal justice system is the combination of legal and social institutions used to enforce criminal law in accordance with a defined set of rules and limitations. We will write a custom essay sample on Components of Criminal Justice System or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The main goals of the criminal justice system are deterrence, retribution, restoration, incapacitation and rehabilitation (Mutchnick, 2011). The purpose of deterrence is to prevent criminal behaviors through the fear of punishment and prosecution. Retribution seeks to take revenge on a criminal by punishing them and making them pay for their crime. Restoration attempts to repair the damage done to the victim by building back the relationship between the victim and the criminal and between the criminal and the community. Incapacitation takes away the criminal’s ability to further harm the community by removing them from society, incarcerating them in a proper facility. The final goal of the criminal justice system is rehabilitation which tries to reform a criminal by providing the skills and emotional strength to live without committing a crime. The main components of the criminal justice system consist of the police, the courts and the corrections (Mutchnick, 2011). These components play different roles in the criminal justice system and can involve various offices and agencies. The police protect individual’s property and life by enforcing the law and dedicating their time to reduce and prevent crime. Police maintain the public peace by apprehending offenders and investigating crimes. Next, the courts protect the rights of individuals by ensuring due process was followed and conducting fair and impartial trails (Mutchnick, 2011). The court system determines innocence or guilt of an individual and decides on criminal cases. The third component of the criminal justice system is the corrections which provide custody and supervision for convicted and sentenced offenders. The corrections system tries to rehabilitate, reform and help to reintegrate criminal offenders back into the community. The criminal justice process consists of five major stages: investigation and arrest, pretrial activities, trial, sentencing and corrections (Mutchnick, 2011). Each stage involves the different components of the criminal justice system the police, the courts and corrections. The first stage of investigation and arrest involve issuing a warrant to gather evidence to reconstruct the crime scene. An officer of the court directs a law enforcement official to perform a specific act related to the investigation of a crime by using a warrant which provides legal protections for the search and seizure of evidence and property. The police will arrest the alleged criminal and process them into the corrections system which is also known as â€Å"booking†. Pretrial activities include the first appearance, preliminary hearing, information or indictment and arraignment (Mutchnick, 2011). A suspect must be brought before a magistrate judge within 48 hours of their arrest for an initial court appearance. The magistrate will explain the individual’s rights, their charges and provide the opportunity for bail. The preliminary hearing decides whether there is enough evidence against the defendant to proceed through the judicial process. The court judge must determine if there is probable cause that the defendant committed the alleged crime. In some states, a formal written accusation is required to be heard by the grand jury before the case can go to trial. The arraignment is when the defendant first appears before the court that has the authority to move forward to the trial. After all of the pre-trial activities, the next stage of the criminal justice system is the criminal trial. The trial is held in the court system and the district attorney attempts to prove that the defendant is guilty beyond a reasonable doubt. The trial examines of the evidence, presents witnesses and other information relevant to the accused crime. The trial decides whether the defendant is innocent or guilty and whether the individual should be convicted or acquitted from the charges. When the defendant is found guilty, the criminal justice system proceeds to the next stage of sentencing. The court judge sentences the criminal to pay fines, be placed on probation or to be incarcerated. The judge decides what the appropriate punishment would be based on the defendant’s criminal record and the nature of the crime. Individuals found guilty on multiple charges will serve either consecutive or concurrent sentences. Consecutive sentences are served one after another while concurrent sentences are served all at the same time (Mutchnick, 2011). Police officers protect property and life by enforcing laws, ordinances and regulations. They are responsible for performing routine duties assigned by superior officers and patrolling assigned areas. According to the Municipal Fire Police Civil Service Board, police work normally includes checking parking meters, traffic patrol, preliminary investigation and investigation duties (Municipal Fire Police, 2011). Police officers must be able to act without direct supervision when faced with personal dangers. They may also be required to assist other employees in the police department with other duties such as interrogations, searches and escorting prisoners. Police officers are employed by federal, state or municipal governments and are responsible for enforcing the laws of their jurisdiction. They are expected to exercise their authority when necessary, whether on or off duty (Municipal Fire Police, 2011). Uniformed police officers are assigned general law enforcement duties such as patrolling their assigned area and responding to calls for service. Some police officers specialize in more specific types of duties such as fingerprint identification, firearms training or chemical analysis. Others work with special units such as drug taskforce, special weapons and tactics (SWAT), canine patrol and emergency response teams. Police officers and detectives at all levels of employment are responsible for writing reports and keeping meticulous records that would be needed if they testify in court. A District Attorney is an appointed government official who represents the U. S. Government in the prosecution of criminal offenses (U. S. Legal, 2011). The District Attorney’s Office investigates alleged crimes in cooperation with the police, manages the prosecutor’s office and files criminal charges or brings evidence before the Grand Jury. District Attorneys preside over a particular area or jurisdiction and their duties are governed by state law. They must bring up all court indictments and prosecute all indictable offenses and are prohibited from practicing law in any other manner than in the discharge of their office. The District Attorney’s Office is also responsible for issuing subpoenas for persons to appear in court and administering oaths to examine them for violating the criminal laws of the state (Net Industries, 2011). The prosecutor’s office should become involved in a case post arrest, after the criminal is arrested by law enforcement officials or police officers. After the alleged crime is investigated, it is the role of the police to initiate the criminal proceedings by filing a formal compliant with Magisterial District Judge(MDJ) in the area that the crime was committed (). The MDJ decides to issue a summons or a warrant depending on the seriousness of the alleged crime. When a warrant issues an arrest on an individual, the person must appear before the MDJ for a preliminary arraignment where they will receive a copy of the criminal charges and be advised of their rights (). The prosecutor’s office is not involved until after the preliminary hearing and formal arraignment, when the pretrial conference is held with the defendant, the defense and the assistant district attorney prosecuting the case. During the pretrial conference, all pretrial matters are resolved and the defendant can choose to enter a plea of guilty or elect to have a non-jury or jury trial (U. S. Legal, 2011). The prosecutor should not be involved in the original stages of the investigation because it would be considered a miscarriage of justice. Police officers and detectives are responsible for conduction investigations and gather evidence to file criminal complaints against offenders. The District Attorney is only involved when the case goes to court and the person is actually on trial. The prosecutor should not try to find offenders and become involved in investigations because it is not their job and they could cause unnecessary bias or complications. It is not a good idea to involve court prosecution with the fact-finding stages of the criminal justice system because they would be influencing the prosecution of the alleged criminal. In order for the criminal justice system to be fair, each component must complete the asks that are assigned to them and not try to share roles when it comes to justice. The Model Rules of Professional Conduct define the role of a criminal defense attorney as a lawyer that represents clients as an officer of the legal system and a public citizen with special responsibility for the quality of justice (Flowers, 2011). The three main roles of the criminal defense attorney are as an advocate, an officer of the court and a minister of ju stice. The American Bar Association Criminal Justice Standards suggest that defense attorneys satisfy their duty to the administration of justice as an officer the court by serving as the accused’s counselor and advocating with courage and devotion to render quality representation (Flowers, 2011). Criminal defense attorneys have duties to the court as well as the defendant. It would be inaccurate and unethical to say that a criminal defense attorney is only an advocate because they have a responsibility to seek the truth and uphold the rules of the court. The criminal defense attorney can become involved in a case prior to indictment or arrest. Every citizen has a right to counsel before charges are even filed (Flowers, 2011). As soon as someone becomes aware that police are questioning or investigating, they can seek a criminal defense attorney to prevent being arrested or charged. The earlier that the defense attorney is involved, the better chance the defendant will have to win the court case. Although if a person is guilty, they may want to plead guilty to receive a lesser charge or sentence when they are convicted. Criminal defense attorneys should advise their clients on the best options and choices available regarding pleading guilty and making a deal with the prosecutor’s office. Many times the defense will not want to risk getting convicted by a jury and they will seek a plea agreement with the district attorney’s office. These plea agreements are at the discretion of the prosecution and they can refuse proposed deals at any time. A local magistrate’s function begins when the police file criminal charges against an individual. The Magistrate’s job consists of deciding whether to summons the accused or issue a warrant for the person’s arrest. If a warrant is issued, the accused person must appear before the Magistrate judge to be advised of his or her rights and receive a copy of the criminal compliant (Northumberland, 2000). At the preliminary arraignment, the Magistrate judge can decide whether to grant the defendant bail. Usually within 3 to 10 days of the arrest and preliminary arraignment, the preliminary hearing is held before the Magisterial District judge and the district attorney will present evidence to prove that a crime has been committed and there is reasonable doubt that the defendant committed the crime (Northumberland, 2000). This is known as a prima facie case which means that the case will proceed to trial. The Magistrate judge will be no longer involved in the criminal proceedings as the president judge will preside over arraignment and throughout the trial. Conclusion The criminal justice system is the collaboration of police, court and corrections systems to enforce criminal laws and limitations. The five major stages of the criminal justice system are investigation and arrest, pretrial activities, trial, sentencing and corrections. Each stage involves various components of the criminal justice system to ensure that justice is fair. Police officers protect property and life by enforcing laws, ordinances and regulations in their jurisdiction. District Attorneys represent the U. S. government through the investigation and prosecution of alleged crimes. The prosecutor’s office should become involved in a case post-arrest which is after the alleged criminal is investigated and arrested. It would be considered a miscarriage of justice if the prosecution was involved in the original stages of the investigation because they should not be completing police officer’s responsibilities. Criminal defense attorneys serve as an advocate for their clients, an officer of the court and a minister of justice. The function of the Magisterial District Judge begins when the police file a criminal complaint against an individual and ends when the case progresses to an actual trial. The criminal justice system is a complex arrangement of resources used to uphold the law and prosecute criminal offenses.