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Running head: CRIMINAL JUSTICE SYSTEM

Criminal Justice System Misty White CJS/200 August 13th 2011 Patrick Fitzgibbons

CRIMINAL JUSTICE SYSTEM Criminal Justice System Criminal justice refers to the aspects of social justice that concern violations of the criminal law. The ideal of criminal justice is to protect the innocent, the fair treatment of offenders, fair play by the agencies of law enforcement, including courts and correctional institutions. There are five main goals of the criminal justice system. Deterrence which seeks to inhibit criminal behavior through the fear of punishment, Incapacitation involves the act of taking revenge on a criminal perpetrator by incarceration, victim compensation, fines paid to public agencies, community service, public humiliation or embarrassment. The last two include rehabilitation which involves the attempt to reform a criminal offender and restoration which involves the attempt to make the victim whole again. There are three parts to the criminal justice process as follows: Police: Enforce the law Investigate crimes Apprehend offenders Reduce and prevent crime Maintain public order Ensure community safety Provide emergency and related community services Protect the fundamental rights and freedoms of individuals

Courts: Conduct fair and impartial trials

CRIMINAL JUSTICE SYSTEM Decide criminal cases Ensure due process Determine guilt or innocence Impose sentences on the guilty Uphold the law Require fairness throughout the justice process Protect the rights and freedom of anyone facing processing by the justice system Provide a check on the exercise of power by the other justice system agencies

Corrections Carries out sentences imposed by the court. Provides safe and humane custody and supervision of offenders. Rehabilitates, reforms, and reintegrates convicted offenders back into the community. Respects the legal and human rights of the convicted.

The process of the criminal justice system starts with the investigation and arrest. Evidence is gathered at the crime scene sometimes there is an attempt to reconstruct the events of the crime. A warrant is put out for the arrest of the individual who is thought top has committed the crime. Once the individual is arrested they are taken to the local jail and booked into custody. A law enforcement or correctional administrative person officially records an entry into detention after arrest and identifies the person, the place, the time, and reason for the arrest. Next are the pretrial activities which include the following. The first appearance usually happens within 48 hours of

CRIMINAL JUSTICE SYSTEM

arrest a suspect must be brought before a magistrate for an initial appearance usually this is when the bail amount is set for the individual. Next, indictment a grand jury hears evidence from the prosecutor and decides whether a case should go to trail. After the individual is indicted there is an arraignment hearing the first appearance of the accused before the court that holds authority to conduct the trial. Trial which involves an examination in court of all issues of fact, and discussion of relevant laws relating to the case for the purpose of convicting or acquitting the accused is one step from the last in pretrial activities. Sentencing is the last an offender can be sentenced by a judge to pay a fine, be placed on probation, or incarcerated, sentences can be made consecutive if there is more than one crime which means that they will be served one after the other in sentencing or they can be ran concurrent which means that they are all served together. The structure of the government is very similar to the criminal justice system as there are several different steps and agencies that lets say a new law has to go through before it can be passed. These steps are in place to protect the community from being taken advantage of by a government authority. A system of checks and balances is in place to ensure that this is carried out in every aspect of the government, the same goes for the criminal justice system. Every citizen is innocent until proven guilty.

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