Criminal Justice Essay

Submitted By msmith0623
Words: 695
Pages: 3

The Criminal justice process has many functions. The first function that is in the criminal justice process is investigation. The purpose of the criminal investigation is to gather evidence to identify a suspect and support an arrest. An investigator may require a search, an inspection of a person or property. There is also in probable cause it is the standard of proof required for a search. Probable cause means that there are facts or apparent facts that indicate that evidence of a crime that can be found in one’s location. Another function is arrest. It is a suspect by the police. An arrest involves taking a person into custody for the purpose of holding the suspect until court. Also probable cause is the legal requirement for an arrest. It also means that there is a reasonable link between a specific person or a particular crime. Then there is prosecution, it is of a criminal defendant by a district attorney. When deciding whether to charge a person with a crime, prosecutors weigh many factors, including the seriousness of the offense and the strength of the evidence. There is also indictment, it is by a grand jury or the filing of any information by a prosecutor. Under the Federal Rules of Criminal
Procedure, and indictment is required when prosecuting a capital offense. A prosecutor has the option of an indictment or information in cases involving crimes punishable by law. Another function of the process is the arraignment by a judge. Before the trial, the defendant appears in court and enters a plea. The most common pleas are guilty and not guilty.
There is also pretrial detention or bail. Detention is a period of temporary custody prior to a trial.
Bail is an amount paid by a defendant to ensure he or she will show up for a trial. There is also plea bargaining that is between the defense attorney and the prosecutor.
Usually, in the plea bargaining process the defendant agrees to plead guilty in exchange for a charge reduction or a sentence reduction. Then there is the trial by a judge or jury, with a prosecutor and a defense attorney that participates. A trial is held before a judge or jury. The standard of evidence for a criminal conviction is guilt beyond a reasonable doubt, it is less than
100 percent certainty but more than a high probability. If there is any doubt based on any reason, the accused is entitled to be acquitted. Then there is the sentencing by a judge. If the accused is found guilty, a judge hands down a sentence. Possible sentences include a fine, probation, a period of incarceration in a