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In the United States there is three different methods towards the process and aftermath of crime reported by law enforcement officials. These various models also represent case attrition and its affect on the U.S. justice system. Bail is a privilege that is only awarded to selected defendants. Bail is essentially a lean which temporarily grants the defendant their freedom up to their trial date. If defendants who post a bail are not present for their trial date, an arrest warrant is issued and the bail is forfeited. Furthermore, plea bargain is also a key factor in the criminal court system. The best example of a plea bargain is when the defendant pleads guilty or no content from the beginning and proceeds to negotiate a lesser sentence or charge. Plea bargains add to the efficiency of case proceedings and it reduces trial expenses. Final, trials are among the most important elements in courtroom procedures. Bench trials and jury trials are very common the in the daily operations of the criminal justice system.
Learning Team A: Courtroom Processes Q and A Response
Through the U.S. criminal justice system, courtroom processes and other practices in the courtroom ultimately determine the outcome of the case. Courtroom processes include factors which lead to speedy trials, strategies to eliminating trials, and methods to sift cases out of the system.
The net model is structured on releasing some offenders based on particular areas. the funnel is structured wide at the top and it narrows as you get to the bottom. For example.CJA/224 LT PAPERS Models of the Criminal Justice Process 2 The criminal justice system involves three models to conceptualize the processing of cases which includes the funnel mode. and the net model. The funnel model is designed to evaluate the reduced amount of criminal cases as they progress though the system. but the suspect never gets convicted of the crime. an average of 50% of all arrests do not result with a conviction. In fact. All the models ultimately prioritize the sifting out of cases through the criminal justice process. punishment and corrections are not . the process of releasing offenders sometimes leads to more entanglement. Until legislatures successfully do this. In other scenarios. Each layer is categorized based on the severity of the crime committed. and individual is arrested for their participation in a crime. The wedding cake model structures various cases into particular layers. Plenty of criminal processes eventually result in attrition. processed crimes decrease as they progress through the funnel. The top of the funnel contains the crimes reported and by the bottom of the funnel you find the cases that made it to the courtroom. Cases which are less severe will find themselves on bottom layers while increasingly severe cases will result at the top layers. Ideally. Due to case attrition. Legislatures must establish laws which categorize specific behaviors as criminal. What is Case Attrition? Case attrition is the process of apprehended individuals which never get convicted. a “criminal’ does not get convicted because the law does not recognize their behavior as a crime. However. the wedding cake model.
Crimes go unrecognized and unpunished for various different reasons. only to be dismissed from court due to the lack of evidence or legal technicalities. Prosecutors will oblige themselves to present as much evidence as possible to achieve a criminal . Ideally. they do not invest in cases which never make it into the courtroom. However. the pubic must assist in police investigations honestly and confidently. Criminal justice officials have a much harder time in establishing justice if the public does not assist. Essentially. In other scenarios. If the public cannot bring themselves to report offenders. the community always has the power to influence safety on their community. Crimes that go unreported leave criminals unpunished and crimes unidentified. Improving Case Attrition Case attrition has much room for improvement but will only achieve that through increased efforts from the society and criminal justice officials. society in general will be victims of future offenses. victims and witnesses must report crimes and/or the fears related to the crime. The Affect of Case Attrition on the Criminal Justice System Case attrition has a significant effect on the criminal justice system. Furthermore. case attrition often prevents the legal system from completing its objective by preventing cases from justice. Substantial evidence is another factor which will determine a case attrition. In general. The prosecution often filters open cases for the scenarios which will not result in criminal conviction. Witnesses and victims often find it difficult report crimes because of fear or comfort. crime are reported and the prosecution makes a case. this is the only way to ensure that the criminals are punished for their crimes.CJA/224 LT PAPERS 3 options in the legal proceedings.
There should be bail requirements based on the severity of the crime. Bond companies can also solicit with government officials which would immediately affect the effectiveness of the courtroom. setting bail creates further motivation for a criminal to commit more crimes. Defendants will often apy bail through a bail bond company and then find themselves committing another crime in order to cover the debt. However. The amount of bail is determined by the severity of the crime and the history of the accused. the bail is set at the arraignment. Bail benefits the criminal justice system by feeing up space in jails. Bail Affects the Courtroom Process Bail has an affect on the courtroom proceedings because it establishes an opportunity for corruption between bail bond companies and judges. Solving the Problem of the Bail System Regulation is one potential element which would improve the bail system. However. In particular. removing bail in some scenarios entirely would relief the problem. bail can also lead to an influence on the criminal cycle.CJA/224 LT PAPERS 4 conviction. What is bail? Bail is a monetary fee which is established by the judge which grants temporary freedom before the trial. The criteria of the bail system . The fee can be paid directly from the defendant or it can be paid through a bail bond company. prosecutors can only achieve this through the efforts of investigators and information provided by the community. The release of defendants as they wait for their trial date relieves the issue with overcrowded jails. In addition. In result. The bail is intended to give the courtroom the security of the defendant appearing for trial.
Pre-determined bail can also influence crime prevention. or other selected legal factors. and sentencing bargains. Furthermore. income.CJA/224 LT PAPERS 5 currently does not prejudice against criminal history. Criminals that don’t have the funds for bond to begin with will be more likely to avoid the crime. The victims of the crimes as well as their family members benefit from plea bargains because it avoids the long trial processes which can affect them emotionally. For example. the judge ultimately verifies that the plea bargain is permissible. gender. Charge bargaining is the act of exchanging a guilty plea for a lighter punishment for the same crime. demographic. prosecutors are able to reduce the time invested into every case by exercising plea bargains. race. count bargains. The plea bargain is intended to influence the defendant to plead guilty in order to avoid trial and benefit from a lighter punishment or lesser counts. The courtroom becomes much more efficient if they can avoid time consuming trial processes. The fact that an individual is going to be in a position which he can not bail himself out through a bondsman means he will be encouraged to avoid committing crimes. Although the plea bargain is negotiated by the prosecutor and the defendant. age. In addition. pre-determined bail would establish a standard. The most important thing for the prosecution is to avoid trial by getting a guilty plea from the start. commission of a severe crime should automatically revoke the right for bail and pre-trial release. The Supreme Court should have some involvement with the eligibility for bail. For example. What is Plea Bargaining? A plea bargain is a deal which is negotiated between the prosecution and the defendant. the defendant must comply with the terms of the plea bargain or it can be revoked entirely. There is three categories of plea bargains including charge bargains. Finally. an individual is convicted for a .
The time invested in accomplishing this added to the other participants involved makes the trial process very extensive. Why Plea Bargains Are Necessary . Prosecutors. Plea bargains also benefit the defendant because it allows the defendant to benefit by helping the state avoid trial. due to the fact he/she would lose the case regardless. For example. defense attorneys. there must be sufficient efforts from both the prosecution and the defendant to plead their case. Plea Bargaining and the Court System Criminal trials can potentially be brief but they also have the potential to extend for weeks. Consequently. and even years. months. In result. In a criminal trial. an individual is convicted for a serious crime and pleads guilty in order to reduce his time in prison. Sentencing bargaining is the act of having the prosecution negotiates a guilty plea in exchange for a lesser sentence. the persecution lessen the amount of charges against the defendant in the indictment in exchange for a guilty plea. prosecutors can leverage plea bargains in order to prosecute criminals of a higher grade. plea bargaining also relieves the stress in the courts dockets.CJA/224 LT PAPERS 6 felonious assault and the prosecution offers to reduce the charges in exchange for a guilty plea. In other scenarios. For example. The reduction of criminal cases allows the criminal justice system to work efficiently at a quicker pace. Furthermore. and judges all agree that plea bargaining reduces the time invested in a case. the prosecution benefits just as much because they can ensure more convictions. the longer the trial takes the more money it costs the state. Count bargaining is the prosecutions attempt to earn a guilty plea for the exchange of lesser counts or amount of chargers against the defendant.
there would be an extreme amount of cases lined up after another which would congest the criminal justice system. The Right to Trial by Jury In the United States criminal justice system. What is a Jury Trial? Jury trials are presented in front of a judge and a jury. For criminal prosecutions. Furthermore. every individual has the civil right to a trial by jury if ever accused for a crime. the judge has the responsibility to apply the found facts to the case. The jury selected is responsible for deciding on the facts and the judge is present to clarify the law. The judge(s) determine the law and answers questions of fact. Most states require defendants to revoke their right to a jury trial in order to achieve a bench trial. Furthermore. prosecutors. In civil cases. the time sensitivity would not change so there would be added pressure as well to process all these cases. one of the two parties must pay the fees in order for the trial to actually happen. Bench trials include cases in front of a panel of judges or a single judge. State codes play a larger factor in bench . the jury must also account for the facts found in the case. there would have to be more judges. and court personnel hired in order to handle all the additional cases. Civil cases in general become bench trials. How ever. The jury is ultimately responsible for making a unanimous decision on the results of the case. Furthermore. juries are not present in bench trials. the defendant can opt for a bench trial. a trial by jury must be first requested by one of the two parties and second. Continuing with the scenario.CJA/224 LT PAPERS 7 Assuming that every case went to trial. the defendant benefits from speedy public trials by an impartial jury. Although there are other scenarios in which the defendant opts for a bench trial instead of a trial by jury.
• The law is ultimately determined by a judge in every possible scenario. This is a reason why society influences the crime’s conviction and punishment significantly. The following are differences between Bench trials and jury trials: • A jury trial includes the presence of a jury. The . unlike a bench trial which doesn’t have a jury so they depend on the judge to take on the responsibility. Jury Trials: Affect on the Criminal Justice System The process of the jury trial affects the criminal justice system significantly.CJA/224 LT PAPERS 8 trials because they determine particular procedures and guidelines. it’s not always apparent that the courtroom process strives for justice. unlike a bench trial which does not. However. Consequently. Defendants can participate in a bench trial by waiving their right to a jury trial. society also helps determine innocence in a trial. The purpose of a jury is so that the crime is put in the perspective of their peers. • Bench trials are relatively shorter in time because they do not have to devote time to select and instruct a bench. • Questions of fact are decided by the jury in a jury trial. Depending on your perspective. criminals do not necessarily get treated like criminals. Jurors are not linked to the legal system so there decision is determined by the evidence presented throughout the trial. • the rules of procedural methods and evidence. our countries justice system ensures that all individuals are innocent until proven guilty. Comparing and Contrasting Jury and Bench Trials Below are the similarities between bench and jury trials: • Conducted in the presence of a judge.
Upper Saddle River.usslegal. D. USLegal. NJ: Pearson-Prentice Hall. Retrieved from: http://defini tions. (2011).uslegal. Jury Trial: Law & Legal Definition.com/b/bench-trial/. . References Meyer. Bench Trial: Law & Legal Definition.. com/plea-bargaining/. & Grant. Inc. USLegal.criminallaw. F. Retrieved from: http://www. J. (2011).uslegal. Inc. Bench Trials. Plea Bargaining. (2011). Inc.uslegal. F. (2003).com/tri al/bench-trials/. «The Courts in Our Criminal Justice System». USLegal.CJA/224 LT PAPERS 9 American criminal justice system selected this principle so it’s understood that courtroom proceedings will function around this principle. Retrieved from: http://civilprocedure. (2011). Inc.com/j/jury-trial/. USLegal. Retrieved from: http://definiti ons. Inc.
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