Free Criminal Justice System Paper Essay Sample
This paper seeks to take a holistic introspection to the criminal justice system. It will exclusively look at the components of the entire system and outline their particular functions.
The criminal justice system can be said to be an exclusive interplay of several inter-governmental agencies with an ultimate aim of enforcing the observance of law as well as handling those found guilty of violations while correcting some of them for an appropriate re-introduction to the society.
The criminal justice system was set up to help in making sure that laws were being implemented to the letter and upheld by all citizens of the country. Criminal justice system has three major components. It comprises of the enforcers, courts and correctional institutions. The enforcers include the police forces, Sheriffs, Central Intelligence Agency (C.I.A), Federal Bureau of Investigation (FBI), the Secret service, Counter Terrorist Unit (C.T.U) and other departments. The court is responsible for carrying out prosecution, trial and then sentencing. After sentencing, the correction departments take over. These institutions include prisons and probation centers. There are other bodies and branches which are included in the three arms of the justice system. For example, the lawyers assist or represent both the defendant and complainant to be favored in the ruling. The licensing boards and other agencies concerned with tax remittances also play a part in making sure that law is implemented and enforced.
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There is a due process which is followed in the system in instances where a crime is committed. The initial step is reporting to the police who normally initiate an investigation. The investigation is done to ensure that the crime has actually been committed and to gather evidence for presenting in court. During investigation it is expected that people connected or involved with the crime are apprehended. They are then arraigned in court for trial. Defendants are entitled to having advocates to represent but in cases of indictment some states require the prosecutor to put forward the evidence acquired so when no advocate or even the defendant is present. In this stage the grand jury rules whether charges will be pressed to the defendant or not. The others use the probable cause to determine whether the defendant should be charged. Representation is allowed so that if any charges they can be disputed upon in case of no satisfaction (Gibson & Cavadino, 2002).
During trial the defendant is supposed to confess or deny. Most suspects deny therefore the prosecutor or complainant will have to present prove that shows the defendant is guilty. Otherwise the defendant should prove that he or she is innocent. In some cases, the prosecutor and the defendant agree that the former should accept that he's on condition that there will be less charges or sentence. If this does not happen and the judge rules a sentence, the defendant has the option to appeal if he is not satisfied with the ruling. Sometimes the court of appeal returns the cases back to trial for intense review. If this happens the first trial is assumed that it never happens hence the prosecutor has to file the case once more or decide to give up (May, Minor and Ruddell, 2007).
The case can be filed again any other time as long as the time given does not run out. After successful sentencing there is punishment for the guilty. Some are lucky to be released before the period is over for reason like annual presidential pardon or good conduct. The process has a characteristic of narrowing as it descends. For example, when the process begins there might be a lot of cases reported some are genuine others are null. The officers in this stages assist by solving and eliminating most mysteries by the time the cases get to the judge for ruling. Those that are not supported by any evidence are sorted out in time and those that have evidence are decided by the judge.
Crime is an action done that is contrary to the law and is punishable according to the law. For example some of the crimes committed are: robbery, murder, carjacking, foreign and domestic terrorism. Not every act that is law breaking is a crime. Some are civil wrongs hence they are termed as offences which have different remedies. The relationship between crime and the law is that crime is doing against the requirements of law. Therefore breaching law leads to consequences like punishments, compensations, injunctions or specific performances (Gibson & Cavadino, 2002).
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The government structure of United States of America has three branches. They are namely, the legislature, executive and judicial branches. The legislature has congress that consists of representatives and senate. The legislature has duties of composing laws and amending them. They also ensure that the taxes are collected and the senators make sure that the people they represent are living comfortable lives. They represent any grievances and take measures of correcting them. Executive branch is made of the president, vice president, cabinet ministers, attorney general, secretary of state and other executive agencies. The president and vice president are elected and can only serve two terms of four years each (May, Minor and Ruddell, 2007).
The other branch is judicial. It consists of the Supreme Court that deals with conflicts that come up between or among states and other courts that make sure that constitution is well understood and implemented. The courts are certainly the ones that make ruling on the crimes committed in the country. The relationship between the criminal justice system and the government structure is the judicial branch ensures that it deals appropriately with criminal cases brought forward.
The criminal justice system, the process and the government structure coordinate to ensure that they subdue crime in the country because they have duty to protect the citizens and ensure that justice prevail. They all ensure that as the wrongdoers serve their sentences, their behavior is rehabilitated.