Steps of Criminal Procedure in US

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Table of Contents

Introduction
Criminal Procedure
Arrest
Arraignment
Preliminary Hearing
Trial
Sentencing
Conclusion
Reference List

Introduction

To ensure all suspects receive required justice and fair trials, it is necessary for all law-enforcing agents to follow specified criminal procedures as specified in criminal codes. Correct following of criminal procedures grant suspects their freedoms hence, minimizing complications that may arise in the whole process from arrest to sentencing.

In addition to ensuring no problems arise during the entire process, correct application of required procedures ensure there is a social desirable relationship between societies and law-enforcing agents. Hence, this will help to ensure that peace, order, and safety always prevails in societies.

The law clearly defines these procedures, and their correct use helps to differentiate autocratic judicial system from democratic ones. It is necessary in all judicial systems to prove that someone is guilty before passing the sentence, whereby evidence gathered act as the main driver of cases. In this regard, the following steps are important in trying to bring perpetrators of criminal offenses into justice namely arrest, booking, discovery, pre-trial and hearings, trial, sentencing, and appealing.

Depending on the verdict of the judge, courts either fine or imprison accused individuals for a specified amount of time ranging from months to life imprisonment. One main thing to note here is that, although the court finds one guilty of a certain criminal offense, there is always a chance of appealing, which can be very beneficial if the case is won by the accused.

Criminal Procedure

Globally all societies have specified ways of ensuing justice always prevails in its judicial systems. This involves bringing criminals to book, and ensuring the sentences they receive correspond to their criminal offenses. The U.S. criminal law specifies these steps or procedures that are substantive, whereby it clearly sets the parameters and penalties to all criminal offenses.

The U.S. constitution clearly states these penalties, although few variations occur across different states. Violation of these laws in most cases jeopardizes the quality of cases, hence hinder achievement of justice. In addition, all individuals whether guilty or not are protected by the bill of rights, whose violation impairs the quality of judgements passed by courts (Scheb, 2008, p. 6).

One main thing to always remember as Scheb (2008, p.8-9) argues, in most cases the overall prosecution role is done by the government, hence the victims’ participation in most cases are minimal. The main role of victims is to set off the prosecution process but as the case proceeds, they act as witnesses. The same applies to suspects if they opt to use services of attorneys, who act as their spokesperson during trial.

Arrest

In common cases, majority of law-enforcing agents conduct arrests near crime scenes, but sometimes the case may not be the same as in Crook’s case. In any arrest case, the law clearly specifies procedures, which all law-enforcing agents should follow. During arrest as Esquire (2009, Para. 1) suggests, all individuals whether guilty or not should not provide any information to the police, because in most cases the information may provide concrete evidence against them in a court of law.

Although in most cases cooperation with law-enforcing agent s can be of importance when later facing judgment, on the other hand, it may complicate the case. This is because due to phobia of the police by many individuals, it is possible for one to give out unnecessary information, which the police may capitalize on, hence use it as evidence.

Immediately when faced with an arrest it is important to request a chance to speak with an attorney, who will take over one’s case. In addition, it is important for individuals to object signing of any documents law-enforcing agents present to them. This is because, in some cases depending on an individual’s mental state during arrest, one may sign wrong document that the prosecution may use later as evidence.

Before conducting the arrest, all law enforcing agents should have arrest warrants, which will grant them a permission of arresting an individual in any situation, as provided by section 18 of the U.S. constitution and section 120 of New York’s regulations. However, in some cases the law enforcing agents may not present such a document for example, when there is lack of enough time for obtaining it or if they are witnesses to the crime (Orfield, 2005, P. 9-10).

If law-enforcing agents conducting the arrest violate any of the provisions, then the arrestees have the right to refuse all the prosecution evidences presented in court. This in most cases occurs when the arresting officers fail to read the Miranda warnings to the arrestee, as the constitution provides in the Miranda warning (Scheb, 2008, p.10). At all times police officers should respect positions taken by individuals as concerns using attorneys or keeping quiet.

Police searches although necessary for locating evidences, the constitutions clearly spells out individuals’ rights as concerns searches and seizures in the map v. Ohio law. All arrestees should always note that the constitution safeguards them from unreasonable searches by law enforcing agents. All law-enforcing agents should conduct searches with permission from the suspect.

In this regard, it is important for Crook to confirm procedures that the police officers who conducted the search in his house used. Considering the age of his nephew it is hard to determine, what exactly transpired before the police found the BB gun, noting the exact position Crook had hidden it.

If the police officers forced their way in, then crook can refuse the evidence found in his house, because he was not there when the police officers searched his house. On the other hand, the police officers may have harassed the minor, hence living him terrified, which is wrong and prosecutable according to the law (Search warrant , 2009, Para. 1 -2).

After arrest, the law dictates that the arresting officers should book in the arrestee, whereby the officer should take the arrestees fingerprints and photograph. Before trial commences, as the law dictates all arrestees should have a questioning session by an agent from the pre trial department. Information provided by the defendant at this level is very crucial, because it determines which step all law-enforcing agents should follow.

Arraignment

Because Crook used a gun in his robbery, which may not be a real one, it might not be possible for him to receive bail. Depending on gathered evidence by the prosecution, as dictated by law, the law enforcing agents arraigns one in court within 24 hours. At this stage, the judge should notify the arrestee of pending charges, whereby one either accepts to be guilty or not.

It is advisable for defendants to have an attorney, to present them during the entire trial time. During arraignment, it is possible for the court to grant a bail but in crook’s case, because of the seriousness of the offence there is a likelihood of remand if he denies the charges.

As specified in the New York law, all defendants have rights to access specific evidence information provided by the prosecution. Discovery encompasses all information that links the defendant to the crime. It includes verbal information, tangible evidences taken during investigation, and other kinds of information or evidence held by the prosecution. In addition, discovery can include witness statements, photographs, and police information as concerns the crime (U.S. Legal, 2009, Para.1).

Preliminary Hearing

As stipulated in the sixth amendment, all U.S. citizens have a right to have a fair and fast judgment. Hence, immediately after filing charges the law dictates that all prosecutors should go ahead and start a trial using the gathered evidence.

As dictated by the law all individuals have rights of trial without any public interferences, hence ensuring courts maintain justice. This stage is of great significance to the defense, because at this point the attorney has rights of interrogating the witnesses, and cross-examining the evidence by the prosecution.

Depending on options opted by the prosecutors, the court can handle the case secretly by a grand jury or in a common court scenario. At this level, the grand jury may use an indictment or a complaint to present charges to the accused. If the grand jury presents in court an un-signed affidavit, then one can file a case against the grand jury because of vindication (Cowling, 2009, Para.1-11).

It is important for one to make a decision at this level, because any decisions made determine whether the case proceeds to trial. Owing to the severity of Crook’s case it is not advisable for him to take a plea because, this may cost him because of penalties associated with his case.

However, due to evidence in police hands, Crook can plead guilty because the real trial has many associated challenges that include longer jail terms or more severe punishments. In addition, due to uncertainties in trial time pleading guilty can save a lot in terms of resources and time considering that Crook has accepted he committed the crime. Depending on the conditions under which the police conducted the search, Crook can file a Mapp, and has the rights to refuse the evidence collected due to breach of his constitutional rights.

Trial

Depending on the nature of the trail, whether by a jury or a normal judge, all individual have rights of defending themselves personally or using their attorneys. In addition, individuals have rights of selecting jurors they want to ensure the whole trial process is fair and just. All suspects should ensure they have competent attorneys to defend them in order to avoid chances of losing cases.

Sentencing

Depending o the severity of the crime judges can pass different charges that range from the most simple from example, probations and community service to the most severe for example life imprisonment and death penalties.

The nature of the jail term that a court gives an individual depends on the evidence provided in court. If evidence presented in court by the prosecution is very strong then likelihoods of long jail terms are possible. For robbery with violence suspects, the court passes sentences depending on the class of the robbery. Currently existing classes of robbery include first, second, and third class robbery.

Depending on what transpired as proved by the prosecution, judges can pass different charges. Possible sentences include jail imprisonment, probation, restitution, death penalty, and community service (Cornell University Law School, 2009, P. 1. In some cases for judges to pass fair trials, some cases may a pre-sentence investigation to determine the right sentences for some specific serious criminal offences (Gerson, 2009, Para. 7 and Perskin, 2009, Para. 2-3).

Conclusion

In conclusion, if individuals are not content with the sentence passed then the law has provisions of appealing, which may alter the outcome of the previous judgment. The law requires the appellants to file their appeals within 30 days, depending whether they filed post-sentence motions or not.

Reference List

Cornell University Law School. Criminal procedure. Cornell University. Web

Cowling, A. N. (2009). Basic criminal procedure from arrest through trail. Web.

Esquire, N. J. (2009). Aggressive criminal defense: Criminal procedure process.Web.

Gerson, G. E. Criminal procedure. The law office of GaryE. Gelson. Web.

Orfield, L. B. (2005). Criminal procedure. New Jersey: Law book exchange.

Perskin, B. D. (2009). Robbery defense attorneys in New York. Web.

Scheb, J. M. (2008). Criminal procedure. New York: Wadsworth Publishing. Web.

Search warrant. (2009). Answers.com. Web.

U.S. legal. (2009). Criminal procedure discovery law and legal definition. U.S. Legal. Web.

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