U.S. Criminal Justice System History Essay

Pages: 5 (1398 words)  ·  Bibliography Sources: 3  ·  File: .docx  ·  Topic: Criminal Justice

SAMPLE EXCERPT:

[. . .] Profiles existed at the turn of the century in New York, when Teddy Roosevelt oversaw the police there—but they were somewhat primitive in nature. Likewise, the use of forensics in criminal justice was limited. Today, forensics play a huge role in determining cause of death and manner of death, and this helps judges and prosecutors decide if there is evidence for a case to move forward or not.

Thus, the criminal justice system is far more sophisticated today than in the early days of its inception. The criminal justice throughout history has been rather than less sophisticated than it is today. The U.S. modeled its system off the British system that was introduced during the American War for Independence. Since then, the U.S. Constitution has been used as the rule of law as far as the nation goes, and the states have decided on laws for themselves that fall outside the scope of the Constitution. The courts have been put into place by Congress at the federal level and the state governments created their own as well. Law enforcement similarly serve both state and federal purposes.

Part II: 13 Steps to the Criminal Justice Process
  1. Investigation: evidence collected for prosecution
  2. Arrest: suspect of crime is identified and apprehended
  3. Booking: the suspect is brought to court for processing
  4. Charging: The suspect is charged with a crime
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  6. Initial appearance: Judge considers the evidence
  7. Preliminary hearing: Judge decides whether the accused should be released or detained for trial
  8. Indictment: The accused is indicted in court
  9. Arraignment: the defendant enters a plea
  10. Trial: the evidence of guilt is presented by the prosecutor; the defense has the opportunity to respond
  11. Sentencing: If guilt is determined, a sentence is given by the judge
  12. Appeal: the defendant can appeal to the appeals court
  13. Essay on U.S. Criminal Justice System History Assignment

  14. Corrections: The convict goes to prison
  15. Release: the convict is released from prison and is free
Part III

Adults and juveniles are handled differently in the justice system. The main differences between the adult justice system and the juvenile justice system are: 1) bond availability, 2) jury use and 3) sentencing. This paper will examine those differences.

First, the adult can usually have the option of posting bail—i.e., a bond or specified amount of money that he gives to the court to ensure that he will come back for trial. Juveniles do not have this right. Thus, a juvenile can be detained throughout the whole justice process without being released.

Second, adults have access to trial by jury. Typically, juvenile cases are tried before a judge only. There is no use of a juvenile, unless the juvenile is going to be tried as an adult.

Third, adults are typically sentenced and likely to do jail time if convicted. The juvenile, however, is likely to face some sort of rehabilitation program rather than do jail time. This is because courts want to divert juveniles away from doing time in jails.

In conclusion, the adult system of justice and the juvenile system of justice are different. Adults are given more freedom prior to trial but they are also subject to more restrictions if convicted after trial. Juveniles are usually tried before a judge and if found guilty they are placed into rehabilitative programs.

Part IV: Difference between a Felony and Misdemeanor

The types of felonies and their respective punishments in Texas are:
  1. Capital felony—Execution; Example: Capital murder
  2. First degree felony—5-99 years or life in prison, $10,000 fine; Example: Aggravated robbery
  3. Second degree felony— 2-20 years; $10,000 fine; Example: Arson
  4. Third degree felony—2-10 years; $10,000 fine; Example: Aggravated perjury
  5. State jail felony—180 days to 2 years; $10,000 fine; Example: Burglary
The types of misdemeanors in Texas and their respective punishments are:
  • a) Class A misdemeanor—1 year; $4,000 fine; Example: Burglary
  • b) Class B misdemeanor—180 days; $2,000 fine; Example: Driving while intoxicated
  • c) Class C misdemeanor—$500 fine; Example: Assault without injury
References
  1. Maquire, M., Morgan, R. & Reiner, R. (2002). The Oxford Handbook of Criminology, 3rd edition. Oxford University Press
  2. Nolo. (2018). Civil liability. Retrieved from https://www.criminaldefenselawyer.com/resources/civil-liability.htm
  3. Shahshahani, A. (2018). Why are for-profit US prisons subjecting… [END OF PREVIEW] . . . READ MORE

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