What is the expungement process for a criminal charge? There are three phases in the process: Intake, Court, and After Court.
Rules and decision making are at the center of this process. Rules Sources of rules in criminal justice include the U. Constitution and Bill of Rights, state constitutions, the U. Code, state codes, court decisions, federal rules of criminal procedure, state rules of criminal procedure, and department and agency rules and regulations.
The Federal Rules of Criminal Procedure, for example, govern the procedure in all criminal proceedings in courts of the United States. Discretion Decision making in criminal justice involves more than the learning of rules and the application of them to specific cases. Decisions are based on discretion, that is, the individual exercise of judgment to make choices about alternative courses of action.
Discretion, or making decisions without formal rules, is common in criminal justice.
Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force. Judges also use discretion when setting bail, accepting or rejecting plea bargains, ruling on pretrial motions, and sentencing. Parole board members exercise discretion when deciding whether and when to release inmates from prison.
Steps in the criminal justice process The major steps in processing a criminal case are as follows: Investigation of a crime by the police. The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest.
An investigation may require a search, an exploratory inspection of a person or property.
Probable cause is the standard of proof required for a search. Probable cause means there are facts or apparent facts indicating that evidence of criminality can be found in a specific place.
Arrest of a suspect by the police. An arrest involves taking a person into custody for the purpose of holding the suspect until court. Probable cause is the legal requirement for an arrest. It means that there is a reasonable link between a specific person and a particular crime.
Prosecution 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.
Indictment by a grand jury or the filing of an information by a prosecutor. Under the Federal Rules of Criminal Procedure, an indictment is required when prosecuting a capital offense.
A prosecutor has the option of an indictment or an information in cases involving crimes punishable by imprisonment. In about half the states and the federal system, a grand jury decides whether to bring charges against a person in a closed hearing in which only the prosecutor presents evidence.
The defendant has no right to be present at grand jury proceedings and no right to have a defense attorney represent him or her before the grand jury. The standard for indicting a person for a crime is probable cause.
In the remaining states, a prosecutor files a charging document called an information. A preliminary probable cause hearing is held to determine if there is enough evidence to warrant a trial.
The defendant and his or her attorney can be present at this hearing to dispute the charges. Arraignment by a judge.Criminal justice is a process, the U.S. Code, state codes, court decisions, federal rules of criminal procedure, state rules of criminal procedure, and department and agency rules and regulations.
The Federal Rules of Criminal Procedure, for example, govern the procedure in all criminal proceedings in courts of the United States. With the exception of a few positions, instead of looking into getting an education at the top schools for criminal justice, a paralegal degree and a law degree is what one should look at to work in a court .
THE TEXAS CRIMINAL JUSTICE PROCESS CRIMINAL JUSTICE SECTION. STATE BAR OF TEXAS CRIMINAL JUSTICE SECTION January 1, Revised The Criminal Justice Section of the State Bar of Texas is proud to present The Texas increase/reduce the charge filed; file additional/different charges; return.
Apr 26, · CRJ Entire Course / Criminal Law and Procedure. Prepare a paper that details the entire criminal justice process for a felony criminal charge filed in a state court.
Your paper will: a. Summarize all of the steps between arrest, pre-trial, trial, and appeals (both state and federal appeal possibilities). c. Outline the. Criminal Justice Process For A Felony Criminal Charge Filed In A State Court Abstract All the states do have closely similar processes and procedure or combine two procedures together.
However, there is always the same procedure for any case on felony in all the states. This critically evaluate each of the steps within the criminal justice process . CODE OF CRIMINAL PROCEDURE. TITLE 1. CODE OF CRIMINAL PROCEDURE. CHAPTER EXPUNCTION OF CRIMINAL RECORDS.
Art. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if.