The arrest of an individual for an offense often marks the end of the investigative police work. For a defendant, it is also the gateway to the criminal justice system door (Lab et al., 2007).
Step 1: The arrest
When police have reasonable grounds to believe that William Bloutt and Bertha Bloutt committed the robbery, they have the power, not the obligation, to put them under arrest. This means they have the right to deprive the offenders of their freedom, at least temporarily. When the police intend to ask that charges be filed against a person under arrest, they can be given summons to the court before being released. The meeting may take different forms (Almer & Goeschl, 2011).
In other circumstances, both William Bloutt and Bertha Bloutt may be released without formality and later, if charges are filed, the court might send a notice by mail. The offense, date and place of convening the order should be indicated. At that time, William Bloutt and Bertha Bloutt must appear in court for the first stage of the prosecution.
The police may have the power to detain William Bloutt and Bertha Bloutt placed under arrest when they are unable to complete preliminary investigation. It is similar to when the police fear that the individuals do not appear in court upon convening because they may destroy evidence or commit further offenses if released. The fear of reprisals against victims or witnesses is also a reason why William Bloutt and Bertha Bloutt can be detained.
Finally, robbery with violence is so serious that it is not justifiable to give freedom to the suspects (William Bloutt and Bertha Bloutt). If the police decide to keep William Bloutt and Bertha Bloutt in custody, they must absolutely bring them before a judge no later than 24 hours after the arrest. Failure to meet this deadline may result in a stay of proceedings. This means that the charges against the accused cannot be continued.
Step 2: The authorization of the complaint, the decision to lay charges
When police believe have evidence that William Bloutt and Bertha Bloutt have committed the robbery with violence offense following an investigation, the facts and evidence should be transmitted to the regional office of prosecutors in criminal prosecution. It is not the work of the police to decide whether legal proceedings should be initiated. Such as decision belongs to prosecutors in criminal and penal prosecutions (Lab et al., 2007). in real sense, Mr. Milton Brown and the police who arrested the offenders are not obliged to proceed with the case to the courtroom.
The latter can only happen if the nature of the case is private. The victim (Milton Brown) should be seen almost exclusively as a witness to the offense. Rather, it is the Director of Criminal and Penal prosecution who handles criminal prosecutions on behalf of the state. However, the number of cases is substantial. For example, it delegates certain powers to criminal attorneys and criminal lawyers for the sake of expediting the criminal justice process (Almer & Goeschl, 2011).
Step 3: The decision of the magistrate
Once the prosecutor decides the robbery with violence offenses disclosed by the evidence, it has to make major pre-trail decisions. The Winston police department 911 officers who were responsible for the case should then take this document and swear that every evidence contained in it is truthful. The police officer in charge should then sign the document.
If the accusations contained in the charges sheet are incredible, it is the right of the magistrate to decide whether to append his or her signature. The magistrate has the power to require hearing or seeing the evidence before making a decision. The hearing is called pre-investigation and is done in private. However, it is rarely used. Once the magistrate signed the information, William Bloutt and Bertha Bloutt are formally charged.
Step 4: Appearance
The criminal justice process begins with the appearance stage. It is during the appearance stage that William Bloutt and Bertha Bloutt will be presented for the first time before a judge. They are supposed to plead guilty or not guilty to each of the offenses mentioned in the prosecution sheet.
Denunciation
All the offences or crimes committed by the couple should be communicate to them by the court during the appearance phase. Hence, the clerk should read the information clearly. Denunciation is the documents prepared as a substitute and basis for any criminal prosecution. It describes the offense charged in a separate count.
It is possible for the defense to waive the reading of the information to expedite the stage for the appearance. Therefore, it is the role of the counsel for the accused to properly inform their client of the charges they are facing. Although William Bloutt and Bertha Bloutt have the right to defend themselves, they can seek the legal services of an attorney since the case at hand is complicated.
Step 5: Registration advocacy
After learning of the charges against them, William Bloutt and Bertha Bloutt must notify the court if they choose to plead guilty or not guilty to all the counts. An appropriate penalty can be administered to the offenders only if they opt to agree to the accusations. The penalty may be imposed on the spot or later.
The accused persons may also choose to plead not guilty if they feel that they are innocent of the cases against them. In addition, they can benefit from a period of reflection before they can plead guilty or not guilty (Benson, 2014).It is important to note that at any time before judgment, William Bloutt and Bertha Bloutt may plead not guilty and later change their minds and plead guilty to the robbery with violence charges.
Step 6: Crime and summary offenses
According to the alleged offense, there are several ways to prosecute William Bloutt and Bertha Bloutt. These include the pursuit by impeachment (for crime) and summary conviction (for summary offenses). The difference between the two processes is subtle although relevant. For summary offenses, the procedure is simpler, faster and less severe than sentences for criminal acts.
Hybrid offenses
William Bloutt and Bertha Bloutt were charged with two types of felonies namely assault and robbery with violence. The prosecution should categorize the two felonies as hybrid offenses. Regarding robbery with violence crime, three tracking modes exist depending on the offense and the choice of the accused. A serious offence like robbery with violence should be prosecuted in a higher level of the judicial system. However, there are a number of less serious cases that can be undertaken in the absence of special judicial panels.
Step 7: The investigation of bail
This step should take place only if William Bloutt and Bertha Bloutt are detained or remanded by the court. Custody should not be confused with detention imposed as punishment after conviction.
The privilege of continuing
When the accused detainees (William Bloutt and Bertha Bloutt) appear in court after arrest, the prosecution may choose to oppose their release pending trial or be released under conditions. Both of the accused persons can be investigated further if the prosecuting panel is adamant to bail them out.
The grounds for the detention of an accused
The purpose of a survey of bail is to determine whether William Bloutt and Bertha Bloutt should remain in jail pending the outcome of proceedings, which may take several months. According to the prevailing pieces of legislations, an individual can only be detained if there is sufficient evidence to do so. If the latter does not apply, then the accused persons should be acquitted. The action thus has the burden of convincing the judge by the available evidence which is the necessity of detention of the accused. An accused may be detained based on a clear decision by the presiding judge. As a matter of fact:
- There are no legal proceedings that can continue to take place if the two suspects are acquitted. There is no evidence that Bertha Bloutt and William Bloutt have been charged with criminal offense in the past.
- If Bertha Bloutt and William Bloutt are deemed to be dangerous, then the prosecution panel may be compelled to detain the accused pending further hearing.
- The detention of William Bloutt and Bertha Bloutt is necessary because if they are set free, the reputation of the courts may be at stake.
The process of investigating the bail
In order to prove the grounds for detention, the attorney for criminal prosecution should testify before the judge and police investigator assigned to the case or the victim of the offense (Milton Brown). These witnesses are supposed to recount the events leading to the prosecution of William Bloutt and Bertha Bloutt. They may also educate the judge about the general behavior of the accused, their criminal records or bring any other relevant information. The witness statement given by Mr. Milton Brown and reports gathered by the police should be used by the prosecution panel in the trial process. The accused persons have the right to ask questions regarding evidence gathered against them.
Step 8: Disclosure and negotiation
Between the trail and appearance durations, a close working relationship is established between the prosecution panel and the defense unit. Disclosure refers to communication of the evidence. All the prosecution materials should be availed to the accused individuals as part and parcel of their basic legal rights. A case in point is the witness statement. All the information contained in such a statement should be made open to the entire court proceedings (Benson, 2014).
Step 9: The judge’s decision
After hearing the evidence, the presiding judge should decide that Bertha Bloutt and William Bloutt are guilty of robbery with violence owing to the available evidence.
Conclusion
The weakest link in the criminal justice system is gathering of evidence because a crime might be committed without leaving any trace. However, the available penal codes for offenders who have been found guilty is the strongest link of the criminal justice process.
References
Almer, C. & Goeschl, T. (2011). The political economy of the environmental criminal justice system: A production function approach. Public Choice, 148(3-4), 611- 630.
Benson, B. L. (2014). Let’s focus on victim justice, not criminal justice. The Independent Review, 19(2), 209-238.
Lab, S.P. & Williams, S.R., Holcomb, J.E., Burek, M.W., King, W.R. & Buerger, M.E. (2007). Criminal Justice: The Essentials (3rd Ed.). Oxford: Oxford University Press.