Category: Justice

Introduction

An offense that is punishable by death or imprisonment for more than one year is known as a felony (Johnson, 2008). A felony is considered by law as one of the severest crimes in the criminal justice system (Johnson, 2008). This paper is intended to explicate the entire justice process for a felony criminal charge filed in a state court. In this regard, the New York court system will be used as an illustration.

It is important to note that a felony criminal case does not have to go through all these processes since it can end before it reaches the trial stage. The thesis of this paper is that the process of handling felony criminal cases in a state court is efficient as to ensure justice for both the accused and the complainant.

The Criminal Justice Process for a Felony Criminal Charge in a State Court

Initiation of charges by a complainant

This is the first process in dealing with a felony crime in a state court. This stage consists of an arrest of a suspect, complaint and booking of a felony case; it also involves conducting investigations. A felony criminal case often commences with an arrest of a suspect by a police officer.

Important to note is the fact that a person accused of having committed a felony crime may be arrested, but not necessarily held in detention (Johnson, 2008). Alternatively, the person may be issued with an appearance ticket or a Desk Appearance Ticket in the case of New York State courts (Johnson, 2008). After the issuance of the ticket, the accused can be released from detention. Interestingly, a person issued with an appearance ticket may be freed without bail.

Following an investigation, a criminal case may start with the filing of a felony criminal offense charge. Otherwise, it may commence with information provided by a prosecutor or police officer (Cohen, 2006). In other cases, this comes after an indictment by a grand jury (Gibeaut, 2001). After an arrest is made, defendants are often booked at a local police station or other relevant detention facilities.

During this process, fingerprints and photographs of the defendant are taken; these are important in determining any prior criminal activity of the defendant (Cole & Smith, 2006). Here the defendant is guaranteed the right to due process of law under the Fifth and Fourth Amendments, and the right to legal counsel.

Arraignment of the Defendant in Court

This is the second step in dealing with a felony criminal case in a state court. The arraignment must always be done within 24 hours of arrest, except when the period ends on a weekend or a holiday (Acker & Brody, 2011). During the arraignment, the defendant is informed about the charges filed against him or her, notified of his or her right to the services of a counsel and informed, within 144 hours of his or her arrest, of the rights to an initial hearing (Acker & Brody, 2011).

It is worth noting that a felony criminal case may either be dismissed at this stage, the defendant may plead guilty and get an immediate sentencing or the judge may adjourn the case. There may also be a plea-bargaining in this stage.

Plea-bargaining is a process through which a prosecutor and the defense counsel negotiate to do away with a felony criminal case. This often happens by reducing the charges and involves sentencing (Acker & Brody, 2011).

Proceedings after Arraigning a Defendant in Court

After a defendants arraignment in court, a judge may set a condition of bail. If the defendant is not able to afford the bail amount, he or she will have to stay in custody for 144 hours from the time of arrest (Pollock, 2011). The prosecution must get an indictment of the defendant by the grand jury or otherwise conduct an initial hearing (Pollock, 2011).

If either of the two steps is not taken, then the defendant must be set free unconditionally; the prosecutor can still instigate a proper cause of exception to the limited time and hence seek for extended detention of the defendant (Pollock, 2011).

During the preliminary hearing, both the defense counsel and prosecution present their arguments. The initial hearings are normally conducted to determine if there is sufficient evidence for the case to proceed to a full trial (Bank, 2002).

The prosecution may bring in witnesses to testify under oath, in which case the defense counsels may also cross-examine the witnesses and question the integrity of their evidence. Besides, the defendant can waive the right to an initial hearing. Should this be the case, then the felony case will be passed directly to the grand jury (Gaines & Miller, 2012).

The grand jury consists of between 16 and 23 citizens selected on the basis of a county to determine whether or not adequate evidence exists to indict the defendant on charges of felony crimes (Howley, 2003). An indictment may be filed to contain felony charges, if at least twelve grand jurors find that there is sufficient evidence to take the case to trial.

Alternatively, the grand jurors may find the evidence to be inadequate and hence reduce the charges to a misdemeanor; in this case, the grand jury may direct the prosecutor to file a misdemeanor case against the defendant in a local criminal court (Howley, 2003).

In cases where they find that there is no enough evidence, the court must release the defendant (Howley, 2003). At this point, the case against the defendant collapses and no further action can be taken. Should the defendant be indicted, then a post-indictment arraignment takes place.

During the post-indictment arraignment, the defendant is usually notified about the charges in his or her indictment; he or she may enter a plea of guilty or not guilty. Besides, the judge may also review the condition for bail while allowing the defendant to choose whether or not to enter plea-bargaining. If the defendant enters a not guilty plea, the judge adjourns the case and sets a future date of the hearing proceedings (Hails, 2011).

Pretrial Proceedings and Hearings

In this stage, there are two things that are done: discovery and pre-trial motions. Discovery is the process in which either the defense counsel or the prosecutor collects information regarding the opposing lawyers case. In this case, the defense counsel can ask for any documented record or oral statement made by a defendant during investigations into a felony crime.

Further, the defense counsel can also request for defendants testimony obtained during the grand jury sessions, outcomes of any mental and physical examination of the defendant and any forensic test done on the defendant (Levinson, 2002).

Hearing may be held to establish whether a motion should be granted. This should be done within 45 days following an arraignment; however, the judge can extend this period based on a good cause. A judicial hearing officer submits a report to the presiding judge over the cases that have factual findings and legal resolves regarding the motion. The judge uses this information to make a ruling and he or she can decide to either accept or reject them (Levinson, 2002).

Trial and Post-trial Hearings and Motions

If the defendant does not take the plea of guilty in any successive stage, a trial is conducted following pre-trial motions and hearings. During a trial, either a jury or a judge establishes whether or not the prosecution has proven beyond reasonable doubt that the defendant is actually guilty of the felony charges against him or her. It is important to note that a defendant charged with a felony crime has a right to a trial by a jury; nonetheless, the defendant may still waive his or her right to such a trial (Acker & Brody, 2011).

After the presentation of evidence by a prosecutor and rebuttals by a defense counsel, both the defense and the prosecution deliver closing summations. The judge then provides directions to the jury with regard to the specific laws to apply, and how to go about it; otherwise, the judge may decide to directly charge the defendant. Thereafter, a unanimous vote by the jury results in a preferred verdict. There is also a possibility of partial verdict (Acker & Brody, 2011).

Sentencing

Many factors determine the sentence given to a defendant. These include the seriousness of the felony charges, the past convictions of the defendant and the circumstances of the felony. The varieties of sentencing a convicted defendant may get include a conditional discharge, imprisonment, a fine, restitution, probation and conditional discharge (Gardner & Anderson, 2009).

Appeal

After sentencing, the defendant has a right to an appeal. It is crucial to note that the defendant might have waived his or her right to certain appeals during the trial. Even so, the defendant has the right to, at least, appeal some issues to the appellate court. The notice of appeal must be filed within 30 days following a sentence.

The caveat is that an attorney is not always under an obligation to file for an appeal; it is the defendant to make a request for it (Gardner & Anderson, 2009). There are two grounds for appeal. An appeal may be made if the sentence is, as a matter of law, invalid. For instance, the defendant may receive a longer sentence than required on the basis of prior conviction when, in actual sense, there might not have been any prior conviction.

Besides, the defendant may claim that he or she received an excessive sentence during sentencing. In other cases, the prosecutor may also appeal against a sentence given to a defendant. The probable outcome of an appeal includes a reversal of a conviction, upholding of a conviction or a modification of a conviction (Gardner & Anderson, 2009).

Conclusion

The justice system in a state court is therefore efficient as to ensure that the defendant receives a fair trial and sentencing. The process is conducted in a manner that respects the constitutional rights of a defendant, both at state and federal levels.

The entire criminal justice process in a state court entails the initiation of charges by a complainant, arraignment of the defendant in court, post arraignment proceedings, pre-trial proceedings and hearings, trial and post-trial hearings and motions, sentencing and appeal. The right of the defendant is protected under both the state and federal laws.

References

Acker, J. & Brody, D. (2011). Criminal Procedure 3E: A Contemporary Perspective. Burlington, Vermont: ones & Bartlett Publishers.

Bank, T. (2002). Pretrial Release Behavior of Defendants Who the.U.S. Attorney Wished to Detain. American Journal of Criminal Law, 30(1), 44-65.

Cohen, T. (2006). The Processing of Felony Offenders in State Courts. Conference Papers  Law & Society, 2006 Annual Meeting, 1-4.

Cole, G. & Smith, C. (2006). The American System of Criminal Justice. London, UK: Cengage Learning.

Gaines, L. & Miller, R. (2012). Criminal Justice in Action. London, UK: Cengage Learning.

Gardner, T. & Anderson, T. (2009). Criminal Evidence: Principles and Cases. London, UK: Cengage Learning.

Gibeaut, J. (2001). Indictment of a System. ABA Journal, 87(1), 35.

Hail, J. (2011). Criminal Evidence. London, UK: Cengage Learning.

Howley, K. (2003). Jury-Rigged. Reason, 35(5), 12-14.

Johnson, B. (2008). An Analysis of Alternatives to New York Citys Current Marijuana Arrest and Detention Policy. Policing, 31(2), 225-249.

Johnson, J. (2008). When Misdemeanors are Felonies. New York Law School Law Review, 52(3), 279-281.

Levinson, D. (2002). Encyclopedia of Crime and Punishment, Volume 1. London, UK: SAGE.

Pollock, J. (2011). Crime and Justice in America: An Introduction to Criminal Justice. Waltham, MA: Elsevier.

Do you believe the right to counsel is a meaningful one, given all the interpretation it has received by the Supreme Court? Identify amendments relevant to this issue

The right to counsel has been provided mostly to individuals who could afford it until 1963 when in case Gideon v. Wainwright the Supreme Court recognized that lawyers in criminal courts are necessities, not luxuries (Worrall, 2010, p. 332). The right to counsel is proclaimed by the Sixth Amendment and guaranteed by the Fifth and Fourteenth Amendments and is applied to cases which lead to loss of liberty.

The meaning of the right to counsel includes the right of defendants who have no funds for hiring a lawyer to assistance of an appointed counsel which is especially meaningful in proceedings leading to imprisonment as opposed to cases in which the deprivation of freedom is a mere possibility. Under the Sixth Amendment, the critical stage analysis is required for defining whether the right to counsel has to be applied in a particular case.

The Sixth Amendment focuses on the prejudice to the defendants rights and the counsels chances for preventing it. Under the Fifth Amendment, which proclaims the privilege against self-incrimination, suspected are provided with the right to counsel. The due process clause as a part of the Fourteenth Amendment guarantees the right to counsel under certain conditions and on a case-by-case basis.

However, these amendments guarantee the assistance of counsel if it is necessary without requiring it. Tomkovicz (2002) noted that while the Sixth Amendment provides counsel as an essential guarantee of fundamental fairness in the adversarial criminal process, the Constitution does not force a lawyer upon a defendant (p. 64). The defendants have the right to represent themselves in the court on the condition that they have got enough competence and intelligence to do so.

The right to counsel is meaningful for defendants who lack funds for hiring a lawyer and can be imprisoned. At the same time, the constitutional amendments do not restrict defendants right to represent themselves in the court.

What is meant by effective assistance of counsel? Is the definition of effective assistance of counsel too restrictive?

While the counsels assistance has a significant impact on the course of criminal proceedings, the level of attorneys competence is crucial for conviction or acquittal of defendants. Though the Sixth Amendment does not specify the quality of the counsels help, the Supreme Court interprets it as effective assistance. The definition of the effective assistance of counsel is not restrictive because the involvement of parameters of attorney performance and prejudice is reasonable.

The level of professionalism is especially significant for defending counsels, taking into account the consequences of their unprofessional errors and their responsibility before the accused and community in general. Tomkovicz (2002) noted that Lawyers must render reasonably effective assistance under prevailing professional norms (p. 170).

At the same time, the responsibility of fulfilling their professional functions during the criminal proceedings cannot be regarded as enormous burden. Defense counsels performance will be considered adequate if he or she avoids conflicts of interest, serves as an advocate for the defendants case (Worrall, 2010, 340).

The main requirements of effective assistance include the prohibition for representing more than one defendant in the same trial, representing some witnesses in previous trials, contracts with publishing companies for disclosing the secret materials of the proceedings and other conflicts of interests. The defendants can file the claims of ineffective assistance at their discretion. However, they will need to prove not only that the unprofessional errors of a counsel have occurred but also that they influenced the end results of the trial.

The definition of effective counsel is not restrictive because it provides defendants with the right to file claims in case if the results of the trial hinged on the attorneys competence, protecting the right of counsels at the same time.

Reference List

Tomkovicz, J. (2002) The right to the assistance of counsel: A reference guide to the United States. Westport, CT: Greenwood Publishing Group.

Worrall, J. (2010). Criminal procedure: From first contact to appeal (3rd ed.). Upper Saddle River, NJ: Pearson

Differences between different types of plea bargaining

The practice of plea bargaining is widely spread in the United States of America and is recognized as an integral element of the justice system. Despite the popularity of this phenomenon, its benefits are rather disputable ad gave rise to the continuing debates of the specialists working in this field. Though the practice of plea bargaining increases the efficiency of the investigation process significantly, it should be limited for preserving the important constitutional rights of defendants.

The two major forms of plea bargaining include charge and sentence bargaining. The first types presupposes prosecutors offer an exchange of a less serious charge for a guilty plea. The second type is associated with the promise of a more favorable sentence recommendation. 90 percent of all criminal cases are plea bargained (Worall, 2010, p. 369).

Among the main arguments for implementing plea bargaining are the improved flow of the cases, the benefits for the defendants and the increased victims satisfaction. However, this strategy is also compliant with a number of negative consequences. Some argue that plea bargaining is objectionable because it encourages defendants to waive their constitutional right to trial (Siegel, 2010, p. 436).

Thus, it can result in false confessions in case if a wrongly accused individual does not believe in his/her chances for winning the case and considers the guilty plea as the only way out. Along with the practices of some states of banning plea bargaining for particular crimes or restricting the use of certain types of bargaining were rather successful and can help in observing the defendants constitutional rights.

Along with all the benefits of plea bargaining for the judicial system, it predetermines a number of disadvantages and should be restricted with proper regulations of the procedures.

Ad hoc plea bargaining

The term ad hoc plea bargaining is used to define a number of extraordinary concessions made by defendants. Among the most widely spread forms of this phenomenon is the performance of some act for dismissal or receiving a less strict sentence. Taking into account the implementation of unauthorized measures, the use of ad hoc plea bargaining should be restricted.

Taking various forms, ad hoc plea bargaining can either become violation of the legislative regulations or be beneficial for the community. The phenomenon is recognized as a rather controversial interpretation of the current legislation (Siegel, 2010, p. 435). Actually, the principle of ad hoc plea bargaining provides prosecutors with opportunities for free interpretation of the regulations and the implementation of unauthorized forms of charges and punishment.

While in some cases ad hoc plea bargaining can be beneficial for the community (such as making a monetary contribution to educational programs or labor of public utility), in other cases the prosecutors initiatives can take more extreme and inadmissible forms.

For instance, in the case Ryan v. Common on Judicial Performance, the criminal charges were dismissed from a female defendant because she had exposed her breath (Worall, 2010, p. 369). Though cases of such extreme violations are no so frequent, the use of the strategy should be restricted.

Taking into account the human factor and the associated forms of prosecutors unauthorized initiatives, the use of ad hoc plea bargaining should be restricted for preserving the constitutional rights of defendants, on the one hand, and observing proper trial procedures, on the other hand.

Reference List

Siegel, L. (2010). Introduction to criminal justice. (12th ed.). Belmont, CA: Cengage Learning.

Worrall, J. (2010). Criminal procedure: From first contact to appeal (3rd ed.). Upper Saddle River: Pearson.

The US Supreme Court has sanctioned several types of checkpoints, defining the specific requirements for them. To be recognized as constitutional, a checkpoint has to conform to the constitutional requirements of its briefness, minimization of its intrusiveness and not direct relation to the criminal investigation. With the wide range of existing checkpoints which have been already authorized by the courts, more measures should not be sanctioned for protecting the citizens constitutional rights.

The validity of every single checkpoint can be measured by its conformity to the constitutional norms and requires considering the peculiarities of every single situation. The border and sobriety checkpoints as well as informational roadblocks are recognized as constitutional.

As it was cited in Hess and Orthmann (2009) the Court admitted in the case United States vs. Martinez-Fuerte in 1976 that a vehicle may be stopped at a fixed checkpoint for brief questioning of its occupants even though there is no reason to believe the particular vehicle contains aliens (p. 272).

The drug, general crime control and drivers license checkpoints have been recognized as violating the Fourth Amendment and are not sanctioned as constitutional by the Court. The possibility that any motorist committed a crime is insufficient for sanctioning the stops. The administrative rationale is not acceptable, by comparison, to detect evidence of criminal activity (Worall, 2010, p. 208).

The case City of Indianapolis vs. Edmond demonstrated that the citys administrative checkpoints without individualized suspicion were unconstitutional. The authorization of these measures would violate the Fourth Amendment and make the reasonless intrusion into the private life of citizens a part of Americas routine.

The authorization of a checkpoint requires balancing the security demands with the citizens constitutional rights. For this reason, the legalization of additional checkpoints is not necessary.

The US Supreme Court has recognized the four main types of inspections, namely home inspections, business inspections, fire inspections and international mail inspections. The searches would be recognized as legal on the condition that the officers issue a warrant, receive consent for conducting searches, the exigent circumstances occur or there is no expectation of privacy and the warrant is not necessary. The existing regulation and corrections cover the wide range of cases and the authorization of additional inspections is not necessary.

All types of inspections need to be compliant with the requirements of the Fourth Amendment and should be evaluated through comparing the inconveniences caused by the invasion and the need for conducting the search. The administrative nonconsensual home inspections presuppose a significant intrusion into the private life of the residents and require issuing a warrant.

However, the welfare home inspections which are aimed at ensuring that welfare recipients conform to the guidelines do not require a warrant. The Court declared that welfare inspections are not searches within the meaning of the Fourth Amendment (Worall, 2010, p. 199). The business inspections can be conducted for checking the business records, the state of equipment and firearms without a warrant. However, in case the purpose of the searches is compliant with criminal investigation, a warrant is required.

Even if the warrant is necessary, the inspection can be conducted without it on the condition that consent was given. The limitations to a search made with consent are that the consent must be free and voluntary (Hess and Orthmann, 2009, p. 300). Fire inspections require notice instead of warrants for conducting the searches. The international mail inspection is justified with the border-search exception.

The courts do not need to authorize more inspections for avoiding the violation of the Fourth Amendment and protecting the citizens constitutional rights.

Reference List

Hess, K. & Orthmann, C. (2009). Introduction to law enforcement and criminal justice. Belmont, CA: Cengage Learning.

Worrall, J. (2010). Criminal procedure: From first contact to appeal (3rd ed.). Upper Saddle River, NJ: Pearson

The automobile exception to the general warrant requirement as it was formulated in the Fourth Amendment can be explained with the inherent mobility of vehicles and impracticality of receiving warrants in particular situational contexts. The case Carroll vs. United States preconditioned the formulation of the Carroll exception which permits the warrantless search of a vehicle under the exigent circumstances.

After the enforcement of the automobile exception in 1925, courts recognized the difference between the searches of buildings and searches of ships, automobiles and wagons which can be quickly moved from the location before the police officers receive a warrant. A warrantless car search is valid only in case if the three following demands are satisfied. The first is the requirement of applying the exception to the readily mobile vehicles only.

For example, the warrantless search of a container that has been removed from a vehicle does not undergo Carroll doctrine. The searches under the automobile exception do not extend to containers which have been separated from the vehicle as well as the body search of passengers (Ferdico, Fradella, and Totten, 2008, p. 596). The second requirement is the probable cause for searching the automobile. The probable cause cannot be justified with the personal perception of an officer, the detected smell, for example.

On the other hand, the smell of drugs that has been detected by police dogs is sufficient for reasoning a probable cause and conducting a warrantless search of a vehicle (Ferdico, Fradella, and Totten , 2008, p. 593). The third requirement is the impracticality of receiving a warrant in every particular situation because of the mobility of the vehicles and the risks that important evidence can be lost because of the time lag required for receiving a warrant.

The warrantless search of a car is valid on condition that the three requirements of Carroll doctrine are met and the exception is reconciled with other amendments.

The enforcement of the hot pursuit exception to the general warrant requirement carved out in the Fourth Amendment is constitutional on condition that it prevents the threats to people and evidence.

The hot pursuit exception was recognized by the Supreme Court in the case of Warden vs. Hayden in 1967 when a taxi company had been robbed. In that case the police followed the suspect to his house and were let in it by his wife. During the search of the house, the policemen found clothing and gun which had been used by the robber.

The warrantless entry and search was recognized as reasonable by the Supreme Court. The exigencies of the situation made that course imperative (Worall, 2010, p. 142). The Supreme Court decided in favor of police, and the case became the basis for formulation of the hot pursuit exception. In order not to sacrifice the interests of suspects, the Supreme Court has formulated the five restrictions for the warrantless searches associated with hot pursuit.

According to these restrictions, the warrantless entry and search is possible only on the condition of a probable cause and the reasons to believe that procrastination would result in harm to people or evidence. A hot pursuit investigation has to start from a lawful point and the exception under consideration is applicable to serious offenses only. In case if the police has an opportunity to obtain a warrant without sacrificing the investigations results, they should do it.

The hot pursuit exception favors the benefits of the investigation process but the five restrictions are aimed at regulating the cases of warrantless searches and protecting the rights of the suspects.

Reference List

Ferdico, J., Fradella, H., and Totten, C. (2008). Criminal procedure for the criminal justice professional. Belmont, CA: Cengage Learning.

Worrall, J. (2010). Criminal procedure: From first contact to appeal (3rd ed.). Upper Saddle River, NJ: Pearson.

In the novel called The Trial, Franz Kafka presents a metaphorical outlook on law and legality and reflects on the influence of modernity and bureaucracy on criminal justice system. The novel offers a distorted version of the court system, where the readers focus on the trial process, although the opening part of the story already focuses on the ambiguity of the situation (Kafka, 2005).

More importantly, the story interpretation allows the readers to understand the current situation in the U. S. civil litigation, as well as criminal justice process. While drawing the parallel between successful metaphorical comparisons, Kafka manages to identify the ubiquity of the court system due to the increased suspicion and courts inaccurate representation of facts.

Interpreting the trial process held on Josef K. closely resembles the U.S. criminal justice process. In the novel, the readers could anticipate that the protagonist will be arrested and tried, but there is no accurate information on what he is accused of. Thus, while grasping the essence of the opening scenes and comparing them with the U.S. criminal justice system, specific attention requires the restrictions imposed on humble members of society who have been charged.

In the novel, K lives in a totalitarian country, which contradicts the democratic principles accepted in the United States. Within the context of the story, this position is justified because the courts and their subsidiaries are located in attics, in the cathedral, and in even in the apartment.

The ubiquity of the court facilities represents the relation between the court officials working within the court system and the actual legal procedures practiced outside it. Hence, there is a slight commonality between the inside and outside representation of the justice system.

In the novel, the protagonist remains alone when he is outside his apartment, but he is under the pressure as soon as he is inside the judicial system. The outsiders persecuting K may hire lawyers whereas the accused are limited in his rights because of the absence of alternatives.

Dominance of legal system over human faith is explicitly reproduced in The Trial. While representing the actual process of returning a verdict, there is no substantial ground for the accused. The only reason for accusing Josef K is premised on the agreement of the majority who consider it insignificant to inform the defendant about the crime he committed, if any. In such a manner, Kafka renders his personal outlook on unjust and corrupt judicial system by demonstrating an extremely precise picture of things to come.

Under the auspices of the U.S. justice system, American citizens usually take unalienable rights for granted. However, the protagonist of the novel experiences none of those rights to which civilians are accustomed to. Therefore, the fact that one morning Josef K is arrested for an unknown reason does not surprise, although the system in which Josef is involved is well organized. Further persecutions and accusations shock the main hero as soon as he realizes the scale of the Court influence.

Every court described in the novel is situated in poor regions, and the streets surrounding the premises are filled with sludge, in which lawyers are strictly forbidden to protect their defendants and introduce any structural repairs or alterations (Kafka, 2005, p. 116). The extreme pressure on K is presented throughout the novel. Even the room in which the trial is held is almost run out of air so that it is hard for the protagonist to breath.

The author also resorts to describing grim and foggy weather which influences oppressively Josef K. In the stroy, the court buildings are situated in dark, stuffy places. In reality, court buildings are usually white, grand constructions in which people uphold justice and rely on any means to protect human rights and freedom. Instead, Kafka portrays these facilities as the opposite ones with that accepted in the United States. In the United States, the reputation of the Court rather than human innocence is at stake as multiple cases prove that.

Similarly, Kafka highlights this dilemma as well; in the novel, Joseph realizes that the most important thing was counsels personal connection with officials of the Court (Kafka, 2005, p. 117). Proper evidence, therefore, amounts to nothing, even though the price of verdict equals human life.

In conclusion, the novel outlines a transparent and radical outlook on the corrupted criminal justice system, as it is presented by Kafka. Although there are a great number of differences between the real justice system and that depicted in the story, the similarities come to the fore as well.

This is of particular concern to the dominance and attitude of the court for an individual as a human whose rights should be protected. In such a manner, the author focuses on omnipotence of the court and helplessness of individuals in front of the bureaucratic system. The Trial, therefore, is a brilliant representation of the current criminal justice system, within which court officials often ignore the significance of objective evaluation.

Reference

Kafka, F. (2005). The Trial. US: Vintage Books.

The abuse of power is a prevalent phenomenon in diverse societies and systems of governance as evident by the practice of judges in the context of law and the ability of a president to pardon criminals.

Judges operate within a legal structure, which constrains their roles in the administration of retributive justice and curtails their authority regarding tasks such as pardoning of offenders or discarding the execution of penalties despite the fact that they are the guardians of the law.

On the other hand, the constitution bestows excellent power to the executive, as a branch of the legislature, in critical matters of perceived justice and justifiable violence. The functions of the judicial department conflict with the powers of the executive because of the executives tendency to override retributive justice and sustain the governmental decree of justice (Bull 2012, p.173).

The existence of the judicial department as an element of the state has created a loophole that allows entities within the government that violate laws and avoid the recommended penalties. For example, although law enforcement agencies have been on the limelight on numerous occasions due to acts of violence against civilians, juries often absolve the agencies of any wrongdoing.

The most common justification for the use of violence by the police against citizens concerns the discretion to use force in situations whereby the police perceive violent intervention as crucial to the undertaking of their duties. The willingness of juries to condone violence highlights ideologies and structures of the power of the state that seek accountability of civilians but absolves elements of the government from any responsibility.

The state exists as a monopoly and legitimizes violence within its various elements and branches because the power of the country entails controlling various means of violence. State agents can use violence without much condemnation by the judiciary with state officers acting as an extension of the expression of the state power and violence.

Considering that government officers act in the capacity of the state, they can advance their personal interests and gains by disregarding the law and promoting violence in the pretext of doing their job and acting in the line of duty.

The constitution defines legal exceptions for the state in matters such as protecting the sovereignty through just war or internal wars, which allow political leaders and influential individuals to undertake unpopular actions and defy international law.

For example, the invasion of Iraq by the United States defied the UN Security Council resolutions and led to widespread abuse of human rights and a significantly high number of civilian casualties (Burke 2007, p.10).

When viewed in the realm of strategies for national security, a Congressional vote for the invasion of Iraq possessed a legal legitimacy despite the fact that all the powers of the government should exist within the context of the law.

Legal structures, which grant executive powers and exceptions, promote violence against civilians by influential individuals who enjoy exemptions as provide by the constitution. All actions by the state or an individual should be subject to their consequences and cause of harm to other parties because the state does not exist in a vacuum but is a collection of individuals bestowed with power in various capacities.

The executive power allows the state to act as the complainant, prosecutor and judge so that influential individuals acting in the capacity of the country can promote impunity, violence and injustice without having to worry about being accountable for their actions.

The influence of the state over legal interpretations coerces courts to act in favour of the country and is a central aspect in the foundation and thriving of states on violence. The alignment of legal interpretations in favour of state violence provides room for the application of authoritarian violence and the sustenance of hermeneutic jurisdiction (Koskenniemi 1990, p.17).

The acceptance of violence by those in power emanates from the fact that judges will support violence by the state and encourage the subjection of civilians to state violence. The power of the state allows the prevalence of selective justice and submissiveness of civilians to avoid the consequences of conflicting with state interests.

Individuals within the judicial department promote violence through their assertion of laws and destructions of others using the courts authority, which gives superiority to judges interpretation of the constitution (Selassie 1936, p.1). The acceptance of a judges interpretation, even when wrong, allows collaboration between the executive and the judiciary in absolving the wrongdoings of those in power.

Resistance by civilians against inappropriate legal interpretations is likely to encounter violent of administration, which is beyond the reproach of the court law. An analysis of state violence illustrates that the authority of judges cannot circumscribe the undertakings of the wielders of state violence because the constitutional structure seeks to limit the intrinsic power of the judicial department.

The need by influential individuals to retain authority overrides the importance of protecting the constitutional rights of victims of violence and introduces aspects of deference of justice by the state or administrators so that the influential people do not take responsibility.

Reference List

Bull, H 2012, The Anarchical Society: a Study of Order in World Politics, Palgrave Macmillan: Basingstoke.

Burke, A 2007, Beyond security, ethics and violence war against the other, Routledge: London.

Koskenniemi, M 1990, The Politics of International Law, European Journal of International Law, vol. 1, no. 1, pp 4-32.

Selassie, H 1936, Haile Selassie, Appeal to the League of Nations, June 1936. Mount Holyoke. Web.

Introduction

An offense that is punishable by death or imprisonment for more than one year is known as a felony (Johnson, 2008). A felony is considered by law as one of the severest crimes in the criminal justice system (Johnson, 2008). This paper is intended to explicate the entire justice process for a felony criminal charge filed in a state court. In this regard, the New York court system will be used as an illustration.

It is important to note that a felony criminal case does not have to go through all these processes since it can end before it reaches the trial stage. The thesis of this paper is that the process of handling felony criminal cases in a state court is efficient as to ensure justice for both the accused and the complainant.

The Criminal Justice Process for a Felony Criminal Charge in a State Court

Initiation of charges by a complainant

This is the first process in dealing with a felony crime in a state court. This stage consists of an arrest of a suspect, complaint and booking of a felony case; it also involves conducting investigations. A felony criminal case often commences with an arrest of a suspect by a police officer.

Important to note is the fact that a person accused of having committed a felony crime may be arrested, but not necessarily held in detention (Johnson, 2008). Alternatively, the person may be issued with an appearance ticket or a Desk Appearance Ticket in the case of New York State courts (Johnson, 2008). After the issuance of the ticket, the accused can be released from detention. Interestingly, a person issued with an appearance ticket may be freed without bail.

Following an investigation, a criminal case may start with the filing of a felony criminal offense charge. Otherwise, it may commence with information provided by a prosecutor or police officer (Cohen, 2006). In other cases, this comes after an indictment by a grand jury (Gibeaut, 2001). After an arrest is made, defendants are often booked at a local police station or other relevant detention facilities.

During this process, fingerprints and photographs of the defendant are taken; these are important in determining any prior criminal activity of the defendant (Cole & Smith, 2006). Here the defendant is guaranteed the right to due process of law under the Fifth and Fourth Amendments, and the right to legal counsel.

Arraignment of the Defendant in Court

This is the second step in dealing with a felony criminal case in a state court. The arraignment must always be done within 24 hours of arrest, except when the period ends on a weekend or a holiday (Acker & Brody, 2011). During the arraignment, the defendant is informed about the charges filed against him or her, notified of his or her right to the services of a counsel and informed, within 144 hours of his or her arrest, of the rights to an initial hearing (Acker & Brody, 2011).

It is worth noting that a felony criminal case may either be dismissed at this stage, the defendant may plead guilty and get an immediate sentencing or the judge may adjourn the case. There may also be a plea-bargaining in this stage.

Plea-bargaining is a process through which a prosecutor and the defense counsel negotiate to do away with a felony criminal case. This often happens by reducing the charges and involves sentencing (Acker & Brody, 2011).

Proceedings after Arraigning a Defendant in Court

After a defendants arraignment in court, a judge may set a condition of bail. If the defendant is not able to afford the bail amount, he or she will have to stay in custody for 144 hours from the time of arrest (Pollock, 2011). The prosecution must get an indictment of the defendant by the grand jury or otherwise conduct an initial hearing (Pollock, 2011).

If either of the two steps is not taken, then the defendant must be set free unconditionally; the prosecutor can still instigate a proper cause of exception to the limited time and hence seek for extended detention of the defendant (Pollock, 2011).

During the preliminary hearing, both the defense counsel and prosecution present their arguments. The initial hearings are normally conducted to determine if there is sufficient evidence for the case to proceed to a full trial (Bank, 2002).

The prosecution may bring in witnesses to testify under oath, in which case the defense counsels may also cross-examine the witnesses and question the integrity of their evidence. Besides, the defendant can waive the right to an initial hearing. Should this be the case, then the felony case will be passed directly to the grand jury (Gaines & Miller, 2012).

The grand jury consists of between 16 and 23 citizens selected on the basis of a county to determine whether or not adequate evidence exists to indict the defendant on charges of felony crimes (Howley, 2003). An indictment may be filed to contain felony charges, if at least twelve grand jurors find that there is sufficient evidence to take the case to trial.

Alternatively, the grand jurors may find the evidence to be inadequate and hence reduce the charges to a misdemeanor; in this case, the grand jury may direct the prosecutor to file a misdemeanor case against the defendant in a local criminal court (Howley, 2003).

In cases where they find that there is no enough evidence, the court must release the defendant (Howley, 2003). At this point, the case against the defendant collapses and no further action can be taken. Should the defendant be indicted, then a post-indictment arraignment takes place.

During the post-indictment arraignment, the defendant is usually notified about the charges in his or her indictment; he or she may enter a plea of guilty or not guilty. Besides, the judge may also review the condition for bail while allowing the defendant to choose whether or not to enter plea-bargaining. If the defendant enters a not guilty plea, the judge adjourns the case and sets a future date of the hearing proceedings (Hails, 2011).

Pretrial Proceedings and Hearings

In this stage, there are two things that are done: discovery and pre-trial motions. Discovery is the process in which either the defense counsel or the prosecutor collects information regarding the opposing lawyers case. In this case, the defense counsel can ask for any documented record or oral statement made by a defendant during investigations into a felony crime.

Further, the defense counsel can also request for defendants testimony obtained during the grand jury sessions, outcomes of any mental and physical examination of the defendant and any forensic test done on the defendant (Levinson, 2002).

Hearing may be held to establish whether a motion should be granted. This should be done within 45 days following an arraignment; however, the judge can extend this period based on a good cause. A judicial hearing officer submits a report to the presiding judge over the cases that have factual findings and legal resolves regarding the motion. The judge uses this information to make a ruling and he or she can decide to either accept or reject them (Levinson, 2002).

Trial and Post-trial Hearings and Motions

If the defendant does not take the plea of guilty in any successive stage, a trial is conducted following pre-trial motions and hearings. During a trial, either a jury or a judge establishes whether or not the prosecution has proven beyond reasonable doubt that the defendant is actually guilty of the felony charges against him or her. It is important to note that a defendant charged with a felony crime has a right to a trial by a jury; nonetheless, the defendant may still waive his or her right to such a trial (Acker & Brody, 2011).

After the presentation of evidence by a prosecutor and rebuttals by a defense counsel, both the defense and the prosecution deliver closing summations. The judge then provides directions to the jury with regard to the specific laws to apply, and how to go about it; otherwise, the judge may decide to directly charge the defendant. Thereafter, a unanimous vote by the jury results in a preferred verdict. There is also a possibility of partial verdict (Acker & Brody, 2011).

Sentencing

Many factors determine the sentence given to a defendant. These include the seriousness of the felony charges, the past convictions of the defendant and the circumstances of the felony. The varieties of sentencing a convicted defendant may get include a conditional discharge, imprisonment, a fine, restitution, probation and conditional discharge (Gardner & Anderson, 2009).

Appeal

After sentencing, the defendant has a right to an appeal. It is crucial to note that the defendant might have waived his or her right to certain appeals during the trial. Even so, the defendant has the right to, at least, appeal some issues to the appellate court. The notice of appeal must be filed within 30 days following a sentence.

The caveat is that an attorney is not always under an obligation to file for an appeal; it is the defendant to make a request for it (Gardner & Anderson, 2009). There are two grounds for appeal. An appeal may be made if the sentence is, as a matter of law, invalid. For instance, the defendant may receive a longer sentence than required on the basis of prior conviction when, in actual sense, there might not have been any prior conviction.

Besides, the defendant may claim that he or she received an excessive sentence during sentencing. In other cases, the prosecutor may also appeal against a sentence given to a defendant. The probable outcome of an appeal includes a reversal of a conviction, upholding of a conviction or a modification of a conviction (Gardner & Anderson, 2009).

Conclusion

The justice system in a state court is therefore efficient as to ensure that the defendant receives a fair trial and sentencing. The process is conducted in a manner that respects the constitutional rights of a defendant, both at state and federal levels.

The entire criminal justice process in a state court entails the initiation of charges by a complainant, arraignment of the defendant in court, post arraignment proceedings, pre-trial proceedings and hearings, trial and post-trial hearings and motions, sentencing and appeal. The right of the defendant is protected under both the state and federal laws.

References

Acker, J. & Brody, D. (2011). Criminal Procedure 3E: A Contemporary Perspective. Burlington, Vermont: ones & Bartlett Publishers.

Bank, T. (2002). Pretrial Release Behavior of Defendants Who the.U.S. Attorney Wished to Detain. American Journal of Criminal Law, 30(1), 44-65.

Cohen, T. (2006). The Processing of Felony Offenders in State Courts. Conference Papers  Law & Society, 2006 Annual Meeting, 1-4.

Cole, G. & Smith, C. (2006). The American System of Criminal Justice. London, UK: Cengage Learning.

Gaines, L. & Miller, R. (2012). Criminal Justice in Action. London, UK: Cengage Learning.

Gardner, T. & Anderson, T. (2009). Criminal Evidence: Principles and Cases. London, UK: Cengage Learning.

Gibeaut, J. (2001). Indictment of a System. ABA Journal, 87(1), 35.

Hail, J. (2011). Criminal Evidence. London, UK: Cengage Learning.

Howley, K. (2003). Jury-Rigged. Reason, 35(5), 12-14.

Johnson, B. (2008). An Analysis of Alternatives to New York Citys Current Marijuana Arrest and Detention Policy. Policing, 31(2), 225-249.

Johnson, J. (2008). When Misdemeanors are Felonies. New York Law School Law Review, 52(3), 279-281.

Levinson, D. (2002). Encyclopedia of Crime and Punishment, Volume 1. London, UK: SAGE.

Pollock, J. (2011). Crime and Justice in America: An Introduction to Criminal Justice. Waltham, MA: Elsevier.

Mission Statement

The mission statement for Jones Girls correctional facility is to model delinquent girls and prepare them to rejoin society. The statement emphasizes that the overall intention for all the programs implemented is to make sure the released girls will be fully rehabilitated and will not engage in delinquency anymore. Most importantly, the term modeling refers to behavioral conditioning, which will be undertaken by experts in this field, to ensure that the released inmates behave well in the communities.

Goals

• To prepare young girls to rejoin society after serving their sentences.
• To educate the girls on the need to be good human beings.
• To impart social and technical skills to young girls to help them kickstart their life out of the correctional facility.

Type of Facility

Jones Girls will be a correctional facility for juvenile girls or prison for convicted delinquent young girls. However, the sole purpose will not be the imprisonment of the inmates, but to re-model them to become better human beings as they get ready to rejoin society. Therefore, the facility will incorporate educational and behavioral modification sessions. Since the girls are below the age of 18 years, it is essential that the facility also includes programs to develop their skills to compensate for the time spent out of school. Such facilities may be rare in the country but Jones Girls is built on the principle that the young girls deserve an opportunity to learn and acquire basic skills like all other people. It is a principle of equality and fairness and treating the inmates as people with basic rights, including education.

Most importantly, behavioral modification offers the best chance of modeling the inmates and reduce the rates of recidivism. The rates of juvenile recidivism in the United States are high as expressed by Spooner et al. (2017) who states that approximately 77% of released offenders are arrested within five years. Additionally, the facility is set to be suitable for all groups, especially the vulnerable ones. Cases across the world have emerged where juveniles are held in appalling conditions in prisons, for example in the Philippines. Jones Girls will be an embodiment of how juvenile facilities should treat and handle young girls.

Gender and Population

As the name suggests, Jones Girls will be a correctional facility specifically for juvenile girls. The prison is designed to host a maximum population of 200 girls from all demographic groups in the country. The girls are sent to the facility by the various juvenile justice bodies for correctional purposes. The number of staff members may push the population of the facility to 250 depending on the capacity. However, some of the duties are distributed among the inmates as part of the rehabilitation process, which means the population will hardly exceed 250 people. The 50 slots are availed for the security personnel and experts in the field of juvenile correction and other essential workers.

Program

Jones Girls is a correctional or rehabilitation program, which means that the main objective is to offer a supportive environment for the delinquent girls to develop into responsible young women. As a rehabilitation program, Jones Girls seeks to address multiple needs of the population, including addictive and criminal thinking, anger management, employability, healthy relationships, substance abuse, suicide prevention, and dealing with loss and grief. Addictive and criminal thinking is a program designed to help the girls understand the relationship between their thinking and destructive behaviors. Additionally, the program teaches the inmates that crimes do not just happen since it is mostly premeditated and a result of their thinking.

Anger management is another program set to help the girls deal with anger issues. In essence, these programs are developed and designed under the presumption that most of the delinquencies among the girls are the result of these risk factors. Additionally, the rehabilitation programs are perceived as interventions to the underlying risk behaviors. Anger management classes employ counselors and performed either in groups or individual sessions. Healthy relationships program seeks to help students manage relationships with people around them and to handle relationship issues that emanate from having relations with certain people.

Substance abuse is a rehabilitation program for delinquents whose crimes are the result of drug use. The grief and loss management program address the issue of emotional pain experienced through painful losses. Most important, the employability program equips the inmates with technical and other skills that can help them engage in constructive employment upon their release. An example offered by (Guiang, 2019) is the use of new technologies in prisons for educational purposes. The main objective is to make sure the released girls are ready to seek employment.

Activities

Most of the activities are highlighted in the program section above. However, there are additional activities that are to be undertaken by the facility. Firstly, the facility initiates contact with clients and referrals in search of new customers. Secondly, intake activities are undertaken where the convicted delinquent girls are admitted to the system. In addition to the activities involving rehabilitation programs, the facility also undertakes detention, probation services, dismissal from the system, and release of fully rehabilitated girls. A model for these activities can be represented in the form of a diagram as illustrated below:

Staff

The majority of the staff occupy security and rehabilitation positions. Guards are all females, which should create a safe environment for the detainees. However, the rehabilitation programs, including education and anger management, and addictive and criminal thinking are all filled by experts in the respective fields. As stated earlier, the maximum number of staff is 50 where the number fluctuated depending on the operational capacity. The top positions are for the warden and chief of security whereas some basic catering duties can be shared with the inmates.

Education

Education is a critical component of Jones Girls, a facility dedicated to making sure that young women released from the system can become responsible and can engage in constructive employment opportunities in society. Therefore, the education programs are designed to offer basic technical and vocational skills in such fields as hospitality, accounting, bookkeeping, and secretariat among others. Most importantly, information and communication technology is also integrated into the education program since the current business world operates in an environment where technology is vital. New technologies in education, including distant learning, are also implemented.

Treatment

Jones Girls may be a juvenile justice system but the inmates are treated majorly as students or clients. Additionally, detention may be the ultimate objective, especially for the convicted delinquents. However, the facility is designed to treat the inmates with care and respect since the main objective is to remodel them into responsible people to get them ready to rejoin society. the facility will still be designed as a detention center with holding cells for the inmates. However, it is the additional facilities, including the libraries, classrooms, therapy, and counseling centers that set Jones Girls apart from other such centers. Other facilities include gyms and workshops where the inmates are treated as learners in an environment conducive to learning.

Correctional Components

Several correctional components will be installed to help the facility run smoothly. First, detention cells are created to hold the inmates when they are not involved in any of the activities offered in the rehabilitation programs. Secondly, security infrastructure is built to include CCTV cameras, electrified fences, guarded gates, security lights, and a disciplinary center for all wrongdoings within the facility. Lastly, daily routines are implemented, including morning and evening roll-calls, random checks and searches, TV sessions, and scheduled weekly visitations.

Budget

The budget covers all major operations within the facility and all expenses. However, it is important to notice that much of the budget covers the wages for the staff members and the materials and equipment used for the rehabilitation processes. Additionally, a significant portion covers such expenditures as food, medical, sanitary supplies, facility maintenance, and recreation. A summary of the annual budget for Jones Girls is resented in the table below:

References

Guiang, S. (2019). The fight for youth justice needs to include tech. Juvenile Law Center. Web.

Spooner, K., Pyrooz, D., Webb, V., & Fox, K. (2017). Recidivism among juveniles in a multi-component gang reentry program: Fndings from a program evaluation in Harris County, Texas. Journal of Experimental Criminology, 13, 275-285. Web.

Watkin, H. (2019). Children in prison: Philippines rundown Houses of Hope detain kids in appalling conditions.South China Morning Post. Web.

Points of intervention. Web.

Remedies, a legal way of getting justice for criminals apart from the ones common in courts like punishing the criminal, death sentence, and sanctions require that legal rights are observed, considering that there are different forms of remedies depending on the plaintiff and nature of the case,

the defendant compensates for the case mostly in monetary terms. However, if the defendant fails to meet the requirements for compensating the case he or she is prohibited from doing some things. In American jurisprudence, the judicially still makes changes in American social contract which is not supposed to change. This is what influenced the original framers intent.

If a person harms another person, and the two living within the same fraternity, there is a way in which he or she can get the one debilitated to the original state. This is to facilitate good relationships within a given group of people.

It is very important to know the remedy given to those who are injured in order to know what happens to those people whose rights have been tampered with. The reason behind all this is to know how, when and where the remedy is given to the offended parties. In the United States of America remedy is given in three ways; monetary terms where the defendant compensates in terms of money, equity, and declaratory relief. Declaratory relief is where the offender and the offended have to abide by a declaration given by the court

The parties should note very well that before seeking remedy for what they are complaining about, the court only puts them back to where they were before when the injury occurred or the court can then put them in their original state by monetary compensation. This came about when the court of law and equity courts came together, though it is not always guaranteed that the remedy will be given despite the fact that legal remedies were created for the cases that can be compensated in monetary terms or services and not punishments or sentences to the wrong doers, it should be carried out following the law guidelines to avoid exploitation. Through this, legal remedy offers the best reconciliation between the offended and the offenders and also prevents property loss.

Relief available from a court known as restitution is designed to restore the wronged party to the original state either by monetary or property compensation to prevent getting rich in a false way. Its main purpose is to get things back to their original state and owners as they were before the injury occurred and for it to happen the plaintiff has to have enough proof that the defendant unjustly enriched himself at her expense hence the defendant in the good sense of right and wrong should make compensations to the plaintiff.

Judge Benjamin was the first one to address third party liability in the touchstone opinion as a very important issue becoming more difficult in each day of the current modern world. The opinion has changed the business world tremendously hence changing the accountants roles. The accountants services are very crucial to different parties whereby if any audit is carried out in a wrong way all the parties that relied on the financial statement find their interests put into a compromising situation.

A supreme court in California brought in a new procedure that brings privities and restatement approaches together which has brought about a big change by reducing legal remedies to the injured creditors, investors and other third parties.