Criminal justice process and procedures

Victim Advocate
Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim advocate varies relative to the laws of a state, the roles could be summed into providing information provision, paperwork filing, crisis counseling, and court accompaniment. The role of a victim advocate may as well extend to contacting organizations such as social services and criminal justice that may provide information pertinent to a crime. The pertinent information provided may include; victim’s rights, victimization, crime prevention, criminal justice process, notification of inmates escape or release. Given that the victim possesses the most informed perspective relative to the crime, as opposed to telling the victim what decision to effect, a victim advocate provides the victim with diverse information that aid in reaching the appropriate decision (U.S. Attorneys , 2019).
A Criminal Justice Process
Navigating a criminal justice process can be a complex process but it’s well designed to guarantee to the victim justice. The criminal justice system has experienced notable growth and achievement in the investigation, prosecution, trials, and sentencing. The modern criminal justice system is characterized by the efficient and effective conclusion of criminal offenses, hence administration of higher quality justice. The criminal justice system versatile system that entails the coordination of several separate agencies to deliver justice that ensures safe societies. The system entails agencies both local and federal levels and mainly entails five components that play fundamental roles in the criminal justice process. The components include the law enforcement agencies, prosecution, the court system, defense attorneys and correction centers (Purpura, 1997)
There are several significant steps in a felony criminal process beginning form reporting of crime to the conviction of the offender. The sequence of events can be subclassified into entry into the system (report, investigation, and arrest), Prosecution (Charging, Arraignment, Preliminary Hearing) Adjudication (Trials) and Post Trial (Sentencing, Appeal) (National Center for Victims of Crime, 2019; Frances & Nicholas, 2011)
1. Reporting Crime
The criminal justice process begins with reporting of an alleged crime to the law enforcement agency in a particular state or county which entails sheriffs or police officers (Frances & Nicholas, 2011). Online reporting of crimes through emergency call centers and independent charitable organizations are some of the avenues of reporting a crime. The process for lodging a crime complaint needs to be simplified with more consideration to the victims. The modern society is a digital society, digital communication for crime proceedings becomes paramount.
2. Investigation
The criminal justice process commences with an allegation by a law enforcement officer or private citizen of occurrence of a crime. A statement is filed by the aggrieved victim of the complaining witness to document the crime which is succeeded by an investigation by the law enforcement officer, which involves a crime scene analysis to collect all physical evidence and recording of statements by other witnesses of the crime.
The law enforcement officer investigate the alleged crime to establish evidence to arraigned in court. Evidence could be classified into two: direct evidence and circumstantial evidence. The direct evidence constitutes factual information that doesn’t entail inference. Testimonials by an eyewitness who observed the crime is an example of direct evidence. In this case, a testimonial by Virginia Sufferer serves as direct evidence. On the contrary, circumstantial evidence constitutes testimonials proximal to the criminal act. Circumstantial evidence entails impression, hence it’s not based on first- hand experience (U.S. Attorneys , 2019). In this case, the jewelry found in the accused house serves as circumstantial evidence.
The Fourth Amendment of the US Constitution mandates the investigator to establish “probable cause” prior to engaging in search of the an individual, residence, clothes, or property as this is usually required per (National Center for Victims of Crime, 2019). A search warrant, issued by a “neutral and detached” judge authorizes law enforcement officers to search a location or person or object proximal to an alleged crime.
Police irresponsible investigation has in some cases resulted in the destruction of evidence, fabrication of evidence, the reliance on false testimonials landing innocent people to prisons and jails. The criminal justice system ought to establish a police liability that punishes misconduct that results in wrong prosecutions and convictions.
3. Arrest
An arrest entails taking a person into custody with the objective of presenting the suspect to court. The legal requirement for an arrest is the probable cause which is the reasonable correlation between the suspect and the crime. Depending on a case specifics, the arrest of an individual or a group of people which is informed by probable cause upon investigation by the law enforcement officer. While undertaking the arrest, the investigators accumulate information that is presented to the prosecutor. In scenarios where the police can establish the probable cause, a search warrant is not issued and an arrest is automatic. Otherwise, the police present a search warrant that is normally issued by a judge.
4. Charging
In the scenario sufficient ground exists which is supported by the seriousness of the crime and the strength of the evidence, the suspect is charged and a charging document filed highlighting the alleged crime. The person is indicted and formally notified of the belief to have participated in a crime. A crime can be charged by a law enforcement officer, a grand jury depending on the severity of the alleged crime. While the investigation officer charges low-level misdemeanors such as petty offense, traffic offense, while a grand jury is involved in a serious alleged crime where witnesses may be called upon to testify.
Frances & Nicholas (2011) notes that upon charging, the defendant could either request representation by a private lawyer or a public defender provided by the government. The defense attorney helps the defendant in understanding the facts of the case as well as the law. In addition to being less costly, the public defenders are often highly competent, passionate about their work and possess extensive experience and expertise in criminal law compared with the private defense attorney. On the low side though, the public defenders often have heavy caseloads and often the defendant doesn’t select a preferred attorney.
5. Arraignment
The stage entails the first appearance before a magistrate judge. In the case of felony, the case the first appearance is referred to as advisement where the defendant takes a plea. The defendant is informed of the charges, his/her rights and arrangements for an attorney. The judge concludes if the defendant would be held in prison or released until the trial. The defendant can request for bail which upon granting and payment, he could be released from prison. The decision to grant bail is however informed by several factors such as past criminal record, social position, defendant residence and witness threat assessment.
Should the defendant plead guilty, hence admitting to committing the crime, the judge passes a sentence, hence the case doesn’t proceed to trial. The next step would be sentenced to hearing. Should the defendant not plead guilty, the date for a preliminary hearing is set within 14 days and 21 days for the defendant in prison or bail. The defendant has an opportunity to file a motion for bail, bond setting, jurisdiction objection, venue change or even a court recuse (U.S. Attorneys , 2019).
6. Preliminary Hearing
The preliminary hearing stage enables the court to establish the sufficiency of the evidence to validate a trail. The step entails providing the defendant an opportunity to appear with an attorney. The defendant has an opportunity to waive the hearing. The prosecutor proves the incriminating elements of the charges. The mini-trial entails presenting of evidence by the prosecution and cross-examination of witnesses by the defense. In the scenario the prosecution doesn’t prove the “probable cause standard”, the judge could rule for dismissal or a reduced charge for the accused. According to Purpura (1997) preliminary hearing, a strategic stage to the defense as identify key witness and testimonials and hence inform the decision to plead guilty or not. The prosecution files motions to request the court to make certain decisions prior to the actual trial. The motions may include: motion to dismiss, motion to suppress, or motion to change the venue. Depending on court determination of probable cause, the judge dismisses charges or schedules a trial.  
7. Trial
The hearing entails a process of case presentation to the jury or court trial, and examination of evidence to establish whether the defendant is guilty or otherwise. Closing arguments by prosecution and defines conclude the trial and a final decision is reached by the jury on the innocence or guilt of the defendant. National Center for Victims of Crime (2019) highlights the jury may acquit the defendant if they find him not guilty or convict the defendant if found guilty
8. Sentencing
For a defendant found guilty and hence convicted, the judge issues a sentence that may entail probation, fine, incarceration or a combination. Different states provide different guidelines for sentences that are based on the severity of the felony. Arguably, the guidelines ensure justice, but given that the some of the guidelines are based on prior judgments which may be inconsistent with the current social structures, the sentence may not always be just (Frances & Nicholas, 2011).
While sentencing may occur immediately after the trial, serious charges, a sentencing hearing is set on another date for an evaluation on the appropriate sentence. In this case, the accused was well known by the police for his prior arrests and convictions for the sale of narcotics which provides enough grounds for a separate sentence hearing. Prior to the sentencing day, the court would establish an independent agency that provides a sentence report with recommendations on the appropriate sentence given the defendant prior cases.
Jail sentence have become default punishment, resulting in an explosion of prisons, but it may not always be appropriate to low-level crimes. While incarceration may seem as the convenient correction system, it poses a fiscal burden while as well as separating families which destroys our social fabric.
9. Appeal
Upon sentencing, an appeal can be lodged to a higher court if the defendant believes that the conviction was wrong or the sentence was unfair. The defendant raises concerns on possible errors during the trial. Should the ruling be reversed by the appellate court, the case referred back to a trial court for re-trial. Frances & Nicholas (2011) filing an appeal faces double jeopardy contingency which results in retention of the original verdict. The 5th Amendment right against double jeopardy ensures that appeals are only made when reasonable doubt doesn’t exist, and the defense possesses substantial evidence. The clause ensures the credibility of the criminal justice process and protection of the convicted simultaneously (National Center for Victims of Crime, 2019).
Conclusion
There is an increasing public appetitive for an effective justice system. But the key challenge remains; “Justice Vs Fairness”. Too decision errors remain a challenge in the criminal justice system. In some instances, defendants wait too long before trails derailing justice. Hence, there is a need to fast track the trials to ensure that defendants serve their terms sooner. Continuous performance monitoring to improve the criminal justice system to reflect modern day society is imperative.


References
Frances, B., & Nicholas, G. (2011). Criminla Procedure Law: Police Issues and the Supreme. Jones & Bartlett Publishers.
National Center for Victims of Crime. (2019, 02 13). National Center for Victims of Crime. Retrieved from The Criminal Justice System: http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/the-criminal-justice-system
Purpura, P. P. (1997). Criminal Justice: Introduction. Elsevier.
U.S. Attorneys . (2019, 02 13). United States Department of Justice. Retrieved from Justice 101/ Investigation: https://www.justice.gov/usao/justice-101/investigation







Criminal Justice Process