Can you just mark this one again "Outline the criminal process from a crime being reported to a sentence being given." Out of 6. I just want to see if I have improved or gotten worse.
When someone from the outer community witnesses a crime, it is up to them to use discretion; meaning choosing whether to report it or not. There are many reasons why a witness may and may not want to report it. Such reasons are fear of retribution from the offender, or simply not wanting to be involved in the process. Why they would want to report it is because they would not want to be seen as a party in covering up a crime, opening them up to a charge of obstruction of justice. If, however, they do choose to report it; police will then summon an investigation. Firstly, they will look at factors such as the severity of the crime, the nature of the crime, the reliability of the statement and person made, the available resources, etc. It should be noted that police can choose to dismiss the report issued because of those factors. Otherwise, police will start an investigation. They will investigate around the scene of the crime, look for forensic evidence, question nearby houses/units near that area of the crime. If, after these processes are undertaken, evidence does not turn up linking the crime to anyone, it should be noticed that police can dismiss the investigation, due to a lack of strong findings. However, if strong linking evidence does turn up, police will then issue a process of warrant, search and seizure. Warrant meaning a report needs to be issued to inform policemen that an alleged offender needs to be brought into custody, search meaning wailing sirens/breaking into a house, seizure meaning to bring the alleged offender into custody. When an alleged offender is under arrest, they have the legal right to remain silent, take of all of their ornaments/Jew rely, and have their fingers fingerprinted. If they choose to not comply with these rules, this will be recorded and brought against them in a court of law. If evidence does not turn up to disprove the case against them, the offender will be held in custody until a preliminary hearing, which decides what matters and events will take place. During this, the alleged offender has the right to plead guilty or not guilty to the charges in place against them. If there is a pled of guilty, the case is closed, there’s no trial and the defendant is held in prison until the sentencing process, unless exempt conditions for bail apply. If there is a plea of not guilty, there will be a date issued for a trial, and there will be an issue of bail until the trial. Bail will only be given on certain conditions; such as if the offender hasn’t violated their right to bail, or if the money can be afforded by a family member or a friend. If not, the offender is held until the custody until the trial. The trial is where the prosecutor and the defense will present their cases to an impartial judge, where the jury will observe the court process and the arguments made and come to a decision. Once the judge asks the jury if they have reached a verdict, the jury must decide beyond reasonable doubt if they find the defendant guilty or not guilty. If they find the defendant guilty, there will be a date issued for a sentencing process, and again for bail, same restrictions and conditions will apply. If they find the defendant not guilty, the charges are all dropped against the offender, and the judge will declare them “free to go.”
