Introduction
People commit a variety of crimes on a daily basis. Some crimes are minor incidents that do not have an extensive consequence or sentence to uphold by the offender. There are crimes that are committed that are in a higher bracket and these crimes have a more serious sentence. People often commit a crime for a number of reasons. Some crimes committed were not even done by the person who was charged in the incident. There needs to be proof or evidence that can place the alleged criminal at the crime scene when it accrued. It is important that officers have solid evidence to prove that that crime was committed by the offender and not by someone else. Many factors are needed to provide significant evidence that the person who is being arrested for committing the crime; had actually been involved in the crime itself. A person who is arrested or charged with a crime will be involved in the criminal justice system. There are many different levels and procedures that the criminal justice system is involved in. An individual who is charged with a crime will go through the different sections of the system to determine if they are guilty or innocent. The criminal justice system will be discussed for a better understanding of the involvement that occurs when a person is arrested for a crime.
Crime Description
A murder took place in August 2011 in the town of Reading. The person accused of murder was a 25-year old man named John Burke. The deceased was a 22-year old man who was found dead at the scene of the crime. Police reported that the alleged shooter had gone into the home and fired shots into the victim. Before the shooting had occurred the victim and defendant had made arrangements to meet each other at the victim’s home. The incident had allegedly been the result of a drug deal that went wrong. “John Burke was not only charged with first-degree murder bur was also charged with illegally possessing a firearm” .
Process of the Adult Criminal Justice System
When an offender is arrested for a crime there are numerous procedures that the person will go through. The focus of the system will be conducted from the time of a person is arrested for a crime. The process will continue throughout the procedure of being convicted and given a sentence for the crime.
Arrest
An arrest occurs when law enforcement has probable cause and evidence to believe the person has committed a crime. When a person is handcuffed and being searched before putting him in the car for transport; the Miranda Rights are read. These rights are explained to the suspect in a manner in which they will comprehend them. The Miranda Rights detail the offender’s rights regarding the law. They have the right to remain silent, anything they say can be used against them in court. They have the right to have an attorney and if they cannot afford one, then an attorney will be provided for them.
Once the rights are read and explained to the suspect; law enforcement will ask if they understand these rights. This is to protect the police from violating the rights of the individual and to tell the suspect what their rights are. The police will then put the person in custody by removing him from society and taking him to jail. The prosecution process can then start for the suspect in custody. For a crime such as murder, law enforcement must have enough evidence to believe that the person being arrested has been the person who had committed the crime they are being charged with.
Booking
Once the suspect has arrived at the jail; they will go through the booking process. “The booking procedure involved the suspect getting their picture taken for the suspects file” . Their fingerprints will be taken and put into the criminal database for identification. A copy will be included in their file. Information will be asked by police to get a more detailed background of the individual. They may have to take part in questioning or interview by investigators due to the crime they had been arrested for committing. The suspect may need to be used in a lineup selection process for witnesses to identify the suspect among other inmates. This can occur if a witness had seen the suspect at the crime scene and can identify the person if they saw them again. After the booking process has taken place; the suspect may be charged with a crime if there is enough evidence provided.
Initial Appearance
The suspect will now get his first appearance in court, in front of the judge. The types of charges that the suspect was given will be announced to him. If a suspect was charged with first-degree murder and possession of a firearm; these charges will be read to him in front of the judge. The judge will describe the rights that the suspect has and whether bail should be given to him. This decision is based on the crime committed, previous criminal history, and whether the judge thinks the suspect is a risk to society and to fleeing the country. There are instances when a crime is minimal and the judge will allow for the suspect to be released on his word that he will return to court at a later date. This is called released on own recognizance.
Grand Jury or Preliminary Hearing
The suspect will have a chance to prove his innocents during a grand jury or preliminary hearing. The jurisdiction in which the crime was committed, depends on the type of court proceeding the suspect will receive. No matter what jurisdiction the crime took place in; the suspect will have a fair hearing and a chance to prove his innocence. The downfall of this type of hearing is that the majority of the hearings is published in the local media. People in the community will assume guilt even though the proceedings have not begun. Only when the court process is over, the suspect is proven guilty or innocent. A date will be set for the trial or hearing for the suspect. Until that trial, he will either wait in prison if the release was denied or be out on bond until the court hearing.
Arraignment
At the arraignment process, the suspect will be read the charges that have been brought forth against him. The suspect will now have the opportunity to give a plea to the charges. The plea can consist of guilty, not guilty or no contest. If a suspect has pleaded no contest or guilty, then there is no reason to have a trial or hearing to prove the suspect is guilty. Many times a person will plead guilty even if they are not actually guilty. Or they may plead guilty because they are actually guilty. This is popular when a suspect’s attorney feels there is enough evidence for a conviction. The sentencing for the conviction may be long term. The prosecuting attorney may come up with a plea bargain and offer a deal. If the suspect skips the trial and pleases guilty, then the prosecution will ask the judge for a lower sentence.
This type of bargaining occurs frequently in the criminal justice system. The prosecution offers this to the suspect to keep from spending time in court. If the evidence against the suspect outweighs the innocence of the criminal; then it will be a better idea to take the plea bargain. If a person is charged with first-degree murder; he may take a plea bargain of guilty to receive a lesser charge. The lesser charge could be manslaughter instead of first-degree murder. It will have a lower sentence and the suspect may get released earlier. If he had gone in front of a jury and was found guilty of first-degree murder; the sentence could have been longer. When a suspect pleads not guilty to the crime charged; he will go onto the next phase of the trial. This is when the suspect can have evidence and witnesses to prove his innocence and credibility as a person.
Trial
A jury trial is most common for serious crimes that were committed. Heinous crimes like murder are more likely to be presented in front of a jury trial than minor offenses. Minor offenses are normally settled with a plea bargain. A murder case has a higher sentence and is considered a felony crime. Many suspects charged with this type of crime will want to take their chance to have a prosecution convince 12 jury members that he is guilty. The guilt has to be proven beyond a reasonable doubt by the jury members and not the judge.
The trial process has to have substantial evidence to prove that the person, in fact, committed the crime they are being charged with. Just because a person is arrested and charged with a crime does not mean there is enough evidence to prove the guilt of that crime. The evidence an officer used to arrest a suspect is the merely probable cause. The evidence that a jury needs to convict the suspect for that crime has to be factual and hold the burden of proof. The proof of evidence will either decide that the suspect had without a doubt committed the crime or will decide without a doubt that he did not commit the crime.
Trial proceedings could take days, weeks, or even months to complete. The factors that determine this is the evidence, witnesses, professionals, and statements that the defense and prosecution have to offer. Once the trail is complete the jury will be dismissed to reflect on the evidence that was brought forth during the trial. They will then have to decide whether there is enough evidence to prove guilt or innocence. If a person had committed murder and the jury found that person guilty of the charge; then the next process will be the sentencing phase.
Sentencing
In most situations, the judge will likely hand out the sentencing to the criminal who was found guilty of committing the crime. There are guidelines that a judge must follow when deciding what type of sentencing to give a criminal. The judge has to take into consideration the type of crime that was committed, the history of the criminal, and if he is a threat to society. Other factors may also be used in determining the amount of sentencing or punishment for the crime committed. “The sentencing for first-degree murder in Reading New Jersey is 30 years up to life in prison” . The judge would issue a sentence that with a minimum of 30 years or up to the maximum of life in prison.
Appeals
An appeal can be made from a convicted criminal in an appellate court. The appeal can consist of anything from the evidence was not properly distributed, evidence was inappropriately excluded, rights were violated during trial, and other situations that were lawfully violated. A criminal cannot appeal their case because they were found guilty, but was innocently charged. Not many of the cases are heard or taken into consideration. The reason is that most cases have to prove to be unconstitutional or unlawful. Many of the appeals that are denied are based on facts.
Corrections
The correction process can include prison, jail, probation, community service, house arrest, and other forms of sentencing. When a person is charged with murder, then they will be transported to prison. They will remain in prison for the entire length of their sentence if parole was not offered to them. If parole was an option, then the suspect can stay in prison until he has had a parole hearing. At the parole hearing, he will be evaluated to determine if he has had good behavior while incarcerated. The suspect will have to admit guilt for his crime and show compassion for the crime that he was found guilty of committing. Other factors can be determined in deciding parole. The victims and family members can have a chance to be a part of the hearing and provide feedback to the parole board.
Release
A person who has served their full sentence can be released from the correctional facility and allowed back into the general population. If a person is released early on parole; then they will still have certain rules to follow and check in with a parole officer. If the rules are broken or violated; the criminal will be sent back to prison to finish out the sentence for their crime.
Weak Links in the Criminal Justice Process
There are several weak links in the criminal justice system. Crimes that are committed are not solved in many cases. “Police follow-ups on potential cases has decreased the faith in the system for victims and their families” . The evidence collection and examination have many errors and delays that prolong case for longer periods of time. Victims are left wanting answers and waiting for months to get answers. The plea bargain factor is used to much because criminals want a lesser charge and prosecution wants to avoid a long court process.
Strong Links in the Criminal Justice Process
A strong link in the criminal justice system is the booking process and the arraignment process. The booking process is a thorough screening for the suspect to complete. It determines if the suspect is a threat, has psychological issues, identification is taken, and all important information about the person and the alleged crime is obtained. The arraignment process is quick and allows the suspect to have a voice of whether they are guilty or not.
Conclusion
When John Burke was arrested for a murder he would have gone through the complete process of the criminal justice system. His charges had consisted of first-degree murder and a weapons violation. Mr. Burke would likely not to have had a bond due to his age and alleged crime committed. If he would have had an option for the bond it would have been set at a higher amount due toe the charges against him. During the arraignment, he would have pleaded not guilty and requested to let his peers of a jury hear his case. At trial, his attorney would have put up a defense, but the prosecution would have had enough evidence to prove his guilt considering the crime scene, evidence, and witnesses. At the end of the trial; the jury would have found him guilty of first-degree murder and he would have a sentence of at least 30 years in prison according to the sentencing code of New Jersey. After 30 years he would be released back into society and would be 55 years old at the time. If he would have received life in prison without parole; he would spend the rest of his life in the prison system.
Reference
Amejko, E. (2004). The System Examined. Justice in America, 1-44.
Keagle, H. (2015). New Jersey Sentencing Law. New Jersey Superior Court, 1-271.
News, F. 2. (Director). (2011). Reading Murder [Motion Picture].
Taylor, S. (2016). The Criminal Justice Process. Department of Government and Justice Studies, 1-6.
