Comparative Criminal Justice System

Comparative Criminal Justice System essay assignment

Comparative Criminal Justice System essay assignment

Topic 1: The United States Criminal Justice System

Critically discuss with your classmates the United States system of criminal justice and how an offender flows through the system. What is the nature and purpose of each subsystem and how does each interact with the others?

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Topic 1: Student Response #1 (Respond to the Students Post below, as if you were talking to the student)

Sunday Akinwunmi

Every member of the community in the United States of America are reliant on the criminal justice system for the purpose of obtaining justice through redress. The police, the courts and the correctional facilities are among the criminal justice organizations involved in the justice system. The first stage of an offender’s processing is an investigation, during which police officers are expected to gather all relevant evidence pertaining to the committed crime in order to reconstruct the crime. If the offender is not arrested at the scene, an arrest warrant must be obtained from the court so that the offender can be apprehended and detained. Following an investigation, the offender is arrested and taken into police custody. Most of the liberties enjoyed by the offender prior to his arrest have been revoked at this point.

After being arrested, the offender is taken before a magistrate for an initial appearance, during which he or she is informed of the charges against them, their rights, and whether or not they can be bailed out. The preliminary hearing is then held to determine whether or not there is enough evidence for the offender to proceed in the criminal justice process, or whether there is sufficient probable cause to believe that the offender actually committed the crime for which he or she is being sued. Following a preliminary hearing, the offender is arraigned in front of a judge for trial, where he or she may plead guilty, not guilty, or nolo contendere. According to Mackenzie, (2015) the adjudication phase includes arraignment and reaching a final decision. The judge may accept or reject a plea based on the evidence presented and whether the judge believes the offender acted under duress. Finally, the trial may result in the charges being either convicted or acquitted. However, if there is strong evidence to prove that the offender is innocent or guilty, or if the offender pleads guilty, the verdict is rendered at trial (Schmalleger & Atkin, 2015).

Following a guilty plea or verdict, a sentence is imposed. According to Schmalleger & Atkin (2015), some of the sentence options for judges and juries include the death penalty, incarceration, probation, community service, restitution, and fines, among others. Following sentencing, offenders enter the correctional system, where they are incarcerated and rehabilitated Mackenzie, (2015).

References

Mackenzie, D. L. (2001). Corrections and Sentencing in the 21st Century: Evidence-Based Corrections and Sentencing. The Prison Journal, 81(3), 299-312. doi:10.1177/0032885501081003001

Schmalleger, F., & Atkin-Plunk, C. (2015). Prison History. Criminology. doi:10.1093/obo/9780195396607-0189

 

Topic 1: Student Response #2 (Respond to the Students Post below, as if you were talking to the student)

John Meyers

 

According to the Bureau of Justice Statistics flowchart, the flow of an offender is somewhat determined by their crime and age (n.d.).   There is a general flow of events that start with someone doing something illegal and then getting caught and arrested going through court proceedings or pleas, than some kind of punishment being enacted.

If its a felony there is a grand jury, which is absent in misdemeanors.  If it’s a juvenile there is only a formal juvenile or youth offender court processing, then they adjudicate and either release with fines or some kind of punishment or institutionalization.

After the Grand Jury Felonies go through their court proceedings than sentencing with whatever punishment is decided, and after the punishment is complete the offender is released into the world again.

Misdemeanors go from initial court appearances, and if the charges are not dismissed, go through the court system, and if guilty there is a sentence affixed.

The Criminal Justice system has three main parts tat being the police or the arresting agents the court and the lawyers that are involved in that, and then the correctional systems that those found guilty are placed into. EAch of these subsystems has it’s own sub parts, but the major emphasis can be divided into these three major areas.

Each system is supposed to take part.   police arrest people and try to provide evidence as to why they arrested people, then the Courts deal with actual charges  and presenting the evidence so that offenders get punished and then the corrections people deal with meeting out their punishment.

Bureau of Justice Statistics (n.d.) Criminal Justice System Flowchart.  https://bjs.ojp.gov/media/image/45506

Criminal Justice Programs, (n.d.) Components of the US Criminal Justice System.  https://www.criminaljusticeprograms.com/articles/three-components-of-criminal-justice/