Write an essay that considers the criminal process from arrest through sentencing and appeal. Identify and evaluate the strengths and weaknesses inherent in the process along each step in the process. In your evaluation, discuss how these weaknesses might be corrected. What factors push against their correction? Also, assess how factors external to the criminal justice system such as budgetary and political realities impact the identified strengths and weaknesses.
Introduction
Criminal process known otherwise as criminal procedure is characterized by three phase of pre-trial, during trial and after trial. Most often criminal process is set in motion upon arrest of the accused. In some cases, arrest is preceded by complaint of the affected party which is responded by issue of warrant by a judge or magistrate. The following chapters are devoted to each phase of the criminal procedure mentioned above.
This starts with the filing of a complaint by the affected party against which the police arrests the perpetrator or a suspect. A complaint is the formal charge addressed to the designated law enforcement authority or judicial officer alleging the commission of offense. The complaint may be filed by the affected party or someone on his behalf. A warrant is issued if the accused person fails to appear in courts on the appointed day. It is not necessary for an officer to make Miranda warning each time he makes an arrest unless the officer has to ask the arrested person incriminating questions. In most cases, the accused is simply arrested without being questioned especially if there is a warrant. In this situation, the officer has just to take the suspect to a lockup or jail for detention. However, Miranda warnings are given in several jurisdictions as a routine whenever the suspect appears before a judge or magistrate even in the absence of questions. Booking at the police station refers to the process of making entries in the police blotter or arrest book mentioning the suspect’s name, time of arrest , and the offense committed after searching the arrestee for weapons or any evidence that may be associated with the crime and inventorying of his belongings. The suspect is also photographed and finger printed in case of serious offences. The suspect is then kept under lockup, a place of detention maintained at the police stations in bigger cities or in jails in smaller cities or communities where no lockups are required. The arrestee is allowed to make telephone call to his lawyer or family member. In some jurisdictions the arrestee is allowed to post a predetermined amount of bail for minor offences and asked to appear in court at the prescribed time. In the absence of such bails, the arrested is detained until he is brought before a magistrate. This initial appearance known as presentment or arraignment on the warrant should take place without unreasonable delay. In most federal and state criminal proceedings delay exceeding six hours is considered a crucial factor to determine whether the incriminating evidence is voluntary or otherwise. The arrestee brought before the magistrate should be informed of his rights which include informing the Miranda warnings such as “arrestee’s right to remain silent”, “whatever is said by him can be used against him in court”, “his right to the presence of a lawyer”, “ in case of his inability to engage a lawyer, one will be appointed by the state before interrogation”, and “his right to terminate the interview at any time”. The last one is primarily aimed at accused’s right against self-incrimination and right to counsel”. The arrestee also is entitled to rights such as right to preliminary hearing, confrontation and speedy trial. Usually Miranda warnings are given by the magistrates but must also be given by the police officer if he wants to question the suspect before being taken to the magistrate for appearance. The accused’s statements obtained without such warnings are inadmissible as evidence in court. On the other hand, the Miranda warning is not necessary to be given by the police officer if he does not have to question the suspect and merely arrest and produce him before a court. In case of misdemeanor charge, the arrestee may plead guilty at the stage of arraignment in which case is disposed at this stage. In case of felony, the arrested is not required to plead guilty at this stage but held for preliminary examination for the charge. Miranda warning rights are mandatory as otherwise it will lead to the acquittal of the accused and state may be asked to pay compensation if the accused is found not guilty as happened in the case if Rothgery v Gillespie County, Texas, 544 U.S. [2008] wherein the accused was denied of right to counsel at the appearance before a magistrate In this case although he was given bail, his request for appointed lawyer afterwards was ignored and he was subsequently indicted and rearrested for the same offense. This time he was kept in jail as he could not meet the bail amount. His case was dismissed after his assigned lawyer examined the facts and moved for dismissal. Thereafter Rodgery claimed damages from the county for the reason that had he been given a lawyer originally, he would not have been detained, rearrested or indicted. Court upheld his constitutional right to counsel when adversary process began.
Bail
Bail is the security which ensures accused to appear before the court as and when required for trial purposes. It is a tool of preventive detention barring release of an accused who is considered dangerous to society or whom the judge does not want to release. Federal Bail Reform Act 1984 enables Federal judges to deny pretrial release of persons charged with specified serious felonies as held in United States v Salerno, 481 U.S 739 (1987) that no combination of bail conditions can ensure safety of society from individuals.
Preliminary hearings
They are held for the three purposes of 1) Determination of probable cause , 2) Discovery, 3) Decision on binding over.
Determination of probable cause is the primary purpose for ascertainment of existence of probable cause justifying charge against the accused. This process filters charges of grave offenses from coming to trial and saves people from harassment, needless expenditure and disrepute. A person can be detained without probable cause for a limited period of time as held in a 1991 decision of Supreme Court. The tentative period of detention is 48 hours which if exceeds burden of proof is on the police to prove reasonableness of the extended period.
Discovery is a procedure whereby either party of a case attempts to receive crucial information from the other party. It is achieved by a motion moved by one party in the court seeking discovery of evidence which the other side may be in possession of such as recorded statements, the result of physical examination or scientific tests, experiments, and other physical evidence kinds of which are generally specified by law, court rules, or court decisions. This is done with a view to avoid the element of surprise so that each side is aware of strengths and weaknesses of the other side. Though the discovery is used in civil cases extensively, there is a limited scope of discovery in criminal cases in that it is one-sided in favor of the defense as the accused has the right against self-incrimination by which he need not turnover relevant evidence to the prosecution. For example, prosecution has an obligation to disclose exculpatory evidence which establishes the innocence whereas defense attorney has no such obligation to disclose incriminatory evidence that establishes guilt to the prosecution unless waived. The right to refuse is 5th amendment to the Constitution.
Decision on binding over refers to the practice of some states wherein there must be a finding of cause at the preliminary examination the accused will be bound over for a grand jury hearing. Other states use the process of preliminary examination to determine if the accused will be bound over without a grand jury hearing .
Preliminary examination is not required when an indictment has already been handed down before the preliminary hearing, if the grand jury has already returned an indictment especially when the case had been referred to it before arrest.
Indictment versus information
Indictment is a statement filed by the grand jury containing accusation of a crime. Information is statement of criminal charge filed by the prosecutor without jury’s intervention. While indictment is not a constitutional requirement as held in Hurtado v California,110 US 516 [1884], it is used in many states to serve as a buffer between government and people accused of crimes as held in United States v Williams, 504 U.S. 36 [1992]. Federal rules of criminal procedure authorize courts to summon one or more grand juries in public interest. There should be a set of alternate jurors with the same qualifications of the regular jurors and they will replace the regular one in the same sequence in which they are selected and are subject to challenges as the regular ones.
The Arraignment
Arraignment is the process which the accused is summoned into court at the appointed time with due notice and informed of the charges and asked to plead. Accused’s presence is necessary at the time of arraignment except in cases of minor offenses. If accused is not under arrest or on bail and does not appear, the court issues a bench warrant or capias authorizing an officer to take accused into custody. In cases of misdemeanor, charges, accused is permitted to through lawyer at the arraignment.
Plea by the defendant
It is the response of the accused in the court to the indictment or information when read out in court. Three kinds pleas in practice today are nolocontendere, not guilty and guilty. Yet another plea is ‘not guilty by reasons of insanity’. An accused can give a conditional plea or nolo guilty which enables him to reserve in writing of a right of review by an appellate court. In nolocontendere, accused accepts penalty without admitting guilt. This is advantageous over a guilty plea as it cannot be used adversely in any subsequent civil proceedings as an admission. In case of not guilty plea, trial would commence within two or three weeks by which time both sides can prepare themselves for their hearings. When trial starts, defense lawyer may file a number of written motions including one for suppression of illegally obtained evidence if any. Another motion can be for change of venue if the pretrial publicity has been prejudicial. An Alford plea is when the accused claims innocence yet pleads guilty for other reasons. Judge can accept or reject the guilty plea if he insists on his innocence. Plea bargain occurs when an accused agrees to plead guilty in exchange for a lower charge, lower sentence or other considerations.
Procedure during trial
Opening statement is generally made by the defense in order to create an impression before the jury that his side is not weak. After, witnesses are examined in the order of direct examination by the prosecutor, cross-examination by the defense lawyer, redirect examination by the prosecutor and re-cross examination by the defense lawyer. The cycle can continue though the judge can put a stop to it. The general rule is both prosecution and defense lawyers cannot ask leading questions to the witnesses they present which could prompt the witness to give the desired answer. Prosecutors have to present evidence to prove their case beyond doubt. Evidence can be direct and circumstantial. Direct evidence is based on personal knowledge of the witness. Circumstantial evidence is the one that is deduced or inferred.
Imposition of sentence
Sentences are varied. They can be fines, community based sanctions, probation, jail time, prison time and death punishment. The accused may also be ordered to make restitution, to pay costs or fine. A prisoner may be entitled for parole which The Board of Probation and Parole should decide.
Appeal process
The defendant can appeal the decision if found guilty after the judge pronounces the sentence. The attorney’s general office handles all felony appeals. If the appeal is against misdemeanor conviction, state will be represented by prosecution .
Strengths and weaknesses of America’s criminal justice system
In America almost seven million adults one of 34 are under the state or federal correction systems. Only 30 % of the convicted persons are in jails and the rest are under the supervision within the community as probation and parole have been important features of corrections. The police, courts and corrections are the main agencies involved in criminal justice. The processing of cases is characterized by serious consideration and decisions taken by police officers, prosecutors, judges, wardens and parole board members. Each stage will decide whether a case will move on to next stage. But it involves quite a long time and detours as at each step officials have the discretion to decide what the next step is. In 2006, a retired FBI agent was found to have passed inside information to the organized crime leaders so that informants could be murdered. It turned out that this agent had actually been caught illegally selling handguns to the undercover agents of U.S. Bureau of Alcohol, Tobacco and Firearms without license thirty years ago. Had he been prosecuted then itself, he would not have reached the high position thus passing on inside information to assist mobsters. This would show that how social relations and official discretion interfere with the criminal justice process. In 2004, Colorado prosecutors dropped rape charges against a basketball star Kobe Bryant after his victim changed her mind to testify against him. The alleged victim took an undisclosed money from the rapist in exchange. At the same time prosecutors do pressurize witnesses to testify and even jail them for contempt of court. In 2005, a federal judge sentenced a news reporter to jail for not disclosing sources concerning government officials who revealed identity of a CIA officer. Thus, it is noteworthy that political influence and personal relationships and other circumstances interfere with the process of criminal justice. The Criminal justice system has 13 steps from law enforcement to corrections. It identical to an assembly line where decisions are taken about dealing with defendants. In spite of these shortcomings, American system is known for the principle of equal treatment as enshrined in the Declaration of Independence and Fourteenth Amendment. It is argued by the critics that discretionary decisions and other factors influence racial discrimination which calls into question America’s commitment to equality. African Americans, Hispanics and other minorities are made to undergo criminal justice process more than the white majority. For example, 43 % African Americans were charged for felony in 75 counties where these population are just 15 % of the total population in those counties. Traffic stops were directed at Hispanic drivers 3.6 times more than the white drivers likely to carry drugs or guns. The per capita incarceration rate is seven times greater than that of whites. From 1980, Hispanic inmates in U.S. prisons increased from 7.7 % to 18.5 %. About 1/3rd of all African Americans under the age 20 are under the supervision of criminal justice system. Rate of unfounded arrests of Hispanics in California are twice as much as whites. About 100,000 African American male members aged between 15-19 will die due to homicide involving a gun in comparison with 6 out of 100,000 white men of the same age group that are likely to die for the same reasons. Critics argue that disparities are due to propensities of colored people to commit more crimes.
Budget cuts
Of late, there have been cuts in the budgets both at states as well as federal levels for reasons of economy. It is argued that continued budget cuts would dislocate the country’s ability to run the criminal justice system efficiently. The drug and meth problems now at epidemic levels cannot be contained. Drug task force funding was reduced considerably in 2011-2012 thus closing down undercover and proactive drug investigations. This has resulted in increased drug sales, retail thefts, burglary and other thefts..
Conclusion
The brief account of criminal process and constraints involved as above would show that the country’s criminal justice system can be resilient enough if there is political will and more commitment from the administrators.
References
Cole, G. F., & Smith, C. E. (2007). Criminal Justice in America. Cengage Learning .
del Carmen, R. V. (2012). Criminal Procedure: Law and Practice (9 ed.). Cengage Learning.
Koster, C. (2009). The Court Process . Jefferson City : Office of the Attorney General, MO.
Miranda v. Arizona, 384 U.S. 436 (U.S. Supreme Court 1966).
NCJA. (2013). The Impact of Federal Budget Cuts on State and Local Public Safety. VERA Institute of Justice and National Criminal Justice Asscoiation (NCJA).
