Criminal Justice Process Law Essay Research Coursework

Criminal Justice Process
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Criminal Justice Process
Criminal justice is a process that involves a series of steps starting from a criminal investigation to the release of an incarcerated offender from prison. Decision-making and rules are at the core of this process. In criminal justice, decision-making entails more than understanding the laws and their application to cases at hand. Decisions are made according to discretion. Discretion is the individual exercise of judgment to make choices regarding an alternative course of action (Asquith et al., 2016). It comes into play when law enforcement makes choices about when to question, investigate, arrest, search, or use force. Prosecutors also use discretion in deciding whether to enter into a plea bargain with a criminal or charge them with crime (Cole, Smith, & DeJong, 2018). Similarly, judges exercise individual judgment when setting bail, accepting or rejecting plea bargains, making a ruling, and sentencing. The fact that the justice system entails elements from the search of a suspect to the trial of a real criminal makes it a complex issue. Each element has contingencies to ensure equal delivery of justice throughout these complex processes.
Summary of all the Steps between Arrest, Pre-trial, and Appeals for the Victim
An arrest is the beginning of the justice process, and it involves taking a suspect into custody as they await trial. The legal requirement for an arrest is a probable cause. It means that at the time of arrest, there is a reasonable link between the suspect and the crime committed (Meyan, 2019). The police can only arrest if they have a probable cause that convinces an involved party such as district attorney that an individual has committed a crime. After arrest, the prosecution of a criminal defendant by a district attorney begins (The Linder Law Firm, 2015). When deciding whether to place charges, prosecutors measure many factors, such as the strength of the evidence and the seriousness of the crime. The next step that follows is an indictment by a grand jury or the information filing by a prosecutor.
When the case before a grand jury, they must consider all the facts within the case, including any documentation presented to them by the defense attorney. Although the jury can choose to view this information, the defense lawyer may compile evidence before the grand jury. The probable cause remains the standard for indicting a person. A preliminary hearing is then held to determine if the prosecution has valid evidence to warrant trial (The Linder Law Firm, 2015). The defendant and their attorney can be present at the probable cause hearing to dispute the charges.
The next step that follows is arraignment by a judge. Before the trial, the defendant is arraigned in court and enters a plea where they plead guilty or not guilty (Wright, 2013). The next procedure is pre-trial detention or bail hearing. Detention is a period of temporary custody before the trial. Bail is a sum of money paid by the defendant to ensure they will appear for trial. This is followed by a plea bargaining between the prosecutor and the defense attor...