Saturday, November 2, 2019
Criminal justice process Research Paper Example | Topics and Well Written Essays - 1500 words
Criminal justice process - Research Paper Example Moreover, felony cases have both direct and indirect consequences. Direct consequences are those, which are expected in a typical felony case. This includes imprisonment, fines, probation, and other related costs. Indirect consequences, on the other hand, include barring a criminal from participating in an election and bond denial, among others. Orfield (2005) argues that many people do not know what is expected of them when charged with felony. This always put a lot of pressure and fear among many defendants and witnesses and even the plaintiff in the case. However, what is important is that anybody charged with a felony should make an attempt and get a lawyer to represent him or her and give necessary advice concerning the rights of the accused. This paper will discuss the procedures expected in a typical felony case. There are usually a number of procedures and stages involved in felony probation. This includes an arrest, followed by arraignment, preliminary examination, circuit c ourt arraignment, pre-trial, trial and sentencing, appeal and probation. Arrest It is reported that the responsibility of arresting a suspect in felony matters lies with the police. In this case, once the police have gathered enough evidence from the scene of the alleged crime, he expected to pursue the suspect, apprehend, and bring the accused to the police station. However, in some instances, a suspect is only issued with court sermons advising accused to appear in court on a certain date. This usually happens for lower level offenses, which may not necessarily warrant an arrest (Cole, Smith and DeJong, 2012). Interrogation Once the police have arrested the accused, the police may interrogate him but this is not a must. However, in case the police are interested in interrogating the accused, it is always advisable that the accused insist on speaking with a lawyer. The reason for an attorneyââ¬â¢s representation is to prevent the accused from giving incriminating statements whic h may be used against them by the police in a court of law (May, Minor and Ruddell, 2007). Initial appearance This usually marks the opening phase where the accused is arraigned in court and should be conducted within the first 24 hours after the arrest. Usually a number of things take place at this stage. This includes informing the suspect of the charges leveled against him or her. It is also here that the suspect is reminded of his right to have a lawyerââ¬â¢s representation. However, in case the accused cannot produce a lawyer, then the court is expected to provide one. It is also reported that it is at this stage that the conditions of release is determined such as whether the accused can be bonded or put in prison as he or she awaits the charges for the good of the society. Finally, another hearing date is set for subsequent proceedings, which is usually conducted in a superior court (Orfield, 2005). Preliminary Hearings Fourteen days after the initial appearance, the accus ed is supposed to be taken through preliminary examination. This is also a very crucial stage since it is here that the judge is expected to decide if there is reasonable ground to continue the case to the next level. It is also at this stage that the charges may be dropped in case the judge finds no reasonable ground to continue with the case. What is unique at this stage is that it is a one-sided procedure since it is only involves the review of incriminating evidence for
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