Arrest Reports and Criminal Charges
After a detention, the law enforcement agency statement goes to a prosecuting attorney. The latter is responsible for opening and indicting cases. The arrest statement provides brief information concerning the facts that triggered the detention. The report is based on numerous details including time, date, names of witnesses, and any other information that is vital to the case (Sphohn & Hemmens, 2012). At this point, the prosecuting attorney has three options to consider. First, the prosecutor has the right to regulate a charge in that case (also known as an offense or a crime). After that, the prosecuting attorney is able to file the charging document with the court. Second, the prosecuting attorney is in full right of making the decision concerning whether the case is an offense (Duff, 2013).
If it is, it will go to a grand jury, and the latter will decide what charges should be filed. Third, the prosecuting attorney may choose not to track the case or file any complaints. A law enforcement officer identifies the misconduct or a full list of delinquencies that led to the detention. Police officers are also in full right to recommend charges to the prosecution attorney. Nonetheless, the final decision concerning the charges is made by the prosecutor (Scheb, 2012). Most often, the defendant finds out about the formal charges at the first court hearing. The time interval between the detention and the first court hearing varies significantly and depends on the case. It is important to remember that the charges that are filed by the prosecuting attorney can be changed (Duff, 2013). For instance, a prosecuting attorney may not reach a final verdict on the case until after the initial hearing. The latter may occur even after a month subsequent to the arrest.
The Role of a Grand Jury
If the case involves an evident offense, the final decision concerning the complaint is often transferred from the prosecuting attorney to the grand juries. These juries are similar to usual trial judges in terms of the fact that both these juries are made up of arbitrarily nominated individuals. The grand jurors evaluate the obtained evidence and reach a verdict concerning whether an individual should be charged with an offense or not (Duff, 2013). In other words, the grand jury members become the prosecutors. Nevertheless, grand juries differ from the petit juries due to the fact that the latter usually take part in a single case while the grand juries function inside a set time frame (which usually lasts from six to 18 months).
Throughout their court practice, grand juries can be involved in an extensive variety of cases. Moreover, there are several essential differences between petit and grand jurors. First, the members of the petit jury are in charge of deciding whether suspects are guilty (Scheb, 2012). Grand juries, on the other hand, are responsible for the evaluation of the evidence and decision-making process concerning the trial. Second, the members of the grand jury provide undisclosed reports while the members of petit jury attend mainly public hearings.
Third, a grand jury is commonly consisting of more individuals than a petit jury (Scheb, 2012). For instance, in the state court, the grand jury consists of up to 23 people. On the contrary, 12 individuals are a maximum for the petit jury. Fourth, the members of the petit jury normally have to reach an agreement concerning the conviction of a suspect (Duff, 2013). The members of a grand jury are not required to reach an agreement so as to file charges. At a federal level, for example, an accusation may be overturned if half of the jury members (or more) approve the prosecution.
System Components
The majority of criminal justice systems comprise five essential parts of the legal mechanism. These parts include the police force, defense attorney, prosecution, law court, and corrections. Each of these parts plays an equally important role in the criminal justice system (Scheb, 2012).
Police Force
Police officers are in charge of filing the reports concerning the crimes that occur in their patrolling areas. Protecting evidence and investigating crimes is the direct responsibility of any given police officer (Sphohn & Hemmens, 2012). Law enforcement officers have the right to seize criminals and serve as witnesses throughout the trial. Their responsibilities may also include additional investigations if it is required.
Defense Attorney
Defense attorneys are in charge of providing the accused with adequate protection against the complaint filed by the government (Sphohn & Hemmens, 2012). The defense attorneys can be either assigned by the court (in case if the accused cannot afford one) or hired by the offender. While the prosecuting attorney’s key concern is to represent the state, the defense attorney’s essential responsibility is to defend the respondent (Scheb, 2012).
Prosecution
Prosecuting attorneys (also known as public prosecutors) are attorneys who represent the state-run or national government (not the victim). They are required to do so during the trial – from the defendant’s first attendance in the law court to the moment when the suspect is proved not guilty or sent to prison (Sphohn & Hemmens, 2012). Prosecuting attorneys are in charge of analyzing the evidence obtained by the police officers in order to decide whether to charge the defendant or renounce the right to prosecute. Prosecuting attorneys identify the evidence in the law court, interrogate witnesses, and choose whether it is acceptable to discuss the option of plea bargaining with the accused. Their choices and freedoms concerning the prosecution are quite extensive (Sphohn & Hemmens, 2012).
Law Court
Law courts are represented by the juries. Their two key responsibilities are to certify that the laws are followed and to supervise what occurs in the court. Court juries are also accountable for the decision of whether to release the criminals before the trial or not (Sphohn & Hemmens, 2012). They also review the plea-bargaining offers, superintend hearings, and reach verdicts on convicting the lawbreakers.
Correction Officers
Correction officers’ major occupation is to oversee condemned lawbreakers when they are in the penitentiary or jail. Their duties also include supervising criminals that are on probation or parole (Sphohn & Hemmens, 2012). In some cases, correction officers generate reports that contain background information about the criminal. This data normally helps the juries to pick an appropriate sentence. Another correction officers’ responsibility is to guarantee the safety of the place where the offenders are kept. They also supervise the procedure of releasing the prisoners and may notify the victims of the change in the status of the accused (Sphohn & Hemmens, 2012).
Preliminary Hearing
If the prosecuting attorney sticks to filing a complaint instead of involving the members of the grand jury into the process, the offender has a right to a preliminary hearing. During the process of that hearing, the prosecuting attorney must provide evidence that would be enough to authorize a trial. Typically, no preliminary hearing is required if the case is accepted by the members of the grand jury.
Defendant’s Rights
Procedures performed before the trial (also known as pre-trial procedures) represent the critically significant mechanisms of the justice process (Travis, 2014). This is important because the most felonious cases are fixed in a casual manner at this stage. They include the investigation that transpires prior to the arrest, detention, various appointments, and the prosecution verdict (Scheb, 2012). There are also minor components such as the initial attendance of the local justices or a preliminary hearing. The accused may also be interested in a grand jury hearing or certain motions prior to the trial. The key reason for the appearance of the pre-trial stage is the mitigation of the ensnaring authority of the government and supposition of providing a realistic defense of the respondent’s rights (Travis, 2014).
Therefore, the rights of the accused are not set in order to make decisions in the favor of the latter. On the contrary, these rights were introduced in an attempt to equalize the accused and the investigative powers of the government available to the prosecuting attorney. There are several essential rights that every accused should be aware of (Travis, 2014). These include the right to be free from illegitimate detention, the right to personal concealment, the right to know charges, and the right against unjustified felonious charges. There are also the rights that take into consideration excessive bail, self-incrimination, and adversative pre-trial publicity.
References
Duff, A. (2013). The constitution of the criminal law. Oxford: Oxford University Press.
Scheb, J. (2012). Criminal procedure. New York, NY: Cengage.
Sphohn, C., & Hemmens, C. (2012). Courts: A text/reader (2nd ed.). Thousand Oaks, CA. Sage Publications, Inc.
Travis, L. F. (2014). Introduction to criminal justice. Cincinnati, OH: Anderson Publications.