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Research Paper sample - Trial Proceedings
Pages 4 (1004 words)
The process of criminal justice in the United States involves various steps, starting from the criminal investigation of the crime and concluding with the release of the convicted offender from the correctional supervision of different sorts (Hudis, 2010). In the core of this…
1. Investigation of the crime by the police force. This is done to gather the evidence which will identify the suspect in that certain criminal case and will support the arrest. Search – inspecting a certain property or a person – is an important part of the investigation. A standard of proof that is required for search is probable case. Probable case refers to the existence of facts that would indicate that there is evidence of criminal play found at a certain place.
2. If enough evidence is found to make a case, the arrest of the suspect by police force follows – the person charged with a crime is taken in the custody to be held as a suspect until the court rules on this case. To make an arrest, a legal requirement is that of probable cause. Probable cause refers to the existence of a reasonable link between the suspect and the alleged crime.
3. The prosecution of defendant (criminal) is done by the district attorney. To charge the suspect with a crime, the prosecutors have to weigh different factors like the evidence’s strength and the seriousness of crime/offense that defendant is being charged with.
4. Indictment by grand jury or information filing by prosecutor. When prosecution is done for capital offense, an indictment is a necessary requirement under the criminal procedure’s federal rules. A prosecutor has a choice of information or the indictment in the cases that have imprisonment as punishment of the crime. In almost half of the states as well as the federal system, it is the grand jury’s decision whether or not to bring the charges up in a closed hearing against the person if evidence is provided only by the prosecutor. The defendant holds no right of being present at proceedings of the grand jury or get representation by a defence attorney in front of the grand jury. Probable cause is a standard to indict the person for a certain crime. In other states, charging ...
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