CRJ325 - WEEK 1 - DISCUSSION 1

"The Criminal Justice Process"

Go to the Lawyers Website and review the article titled, “The Criminal Justice Process,” located at http://criminal.lawyers.com/criminal-law-basics/the-criminal-justice-process.html. Determine the three (3) most important areas of the criminal justice process. Provide support for your rationale on why you feel that they are vital as they relate to the criminal justice process.

The three most important areas of the criminal justice process involves first the stage of investigation, which is the facilitory stage of processing and discovery of evidential finds to render an answer to a questionable scenario. The second stage of the criminal justice process is the examination and analyzation of supportive evidence to correlate the crime to an alleged perpetrator. The last stage which is parallel and works adjacent is the presenting of charges (or indictment) to secure and levy charges through the judicial process as facilitates that probable cause has been met or the incident requires further inquiry with right to charge.

As per the investigation stage, this particular stage requires the exact detailing and recreation of the act and the possible conclusions that led to the act. With that in mind is the meticulous account to present an oral, written argument with supportive to prove its conclusivity that a step from A to B occurred and from that C to D is argumentatively a subsequent occurrence that parallels A to B and reaches a state of connectiveness. By this approach it brings about the fait accompli that reveals first the need for a structured, analytical approach to view the scene of crime in a 3D image that casts itself in a cineographic show. Further as in all investigations evidential findings are utmost value and necessitated care and a particular point that help facilitate a conclusionary find to make the sentence stick.

The next step is the examination and analyzation of the supportive evidence that runs parallel to the investigation which is inclusive of DNA examination, photos, sketches, notes, broad base interrogating and lookout for suspects as well as the establishing of a M.O. and conclusive search for the perpetrator.

Finally, the last step includes the application of charges in relation to crimes that have allegedly been done. This is inclusive of the right to a trial with fair representation that would rebut and challenge the charges levied and directed from the prosecutor and summarily the decision of guilty or not by the presenting magistrate, justice or judge.

From the textbook, compare and contrast the various sources of rights found in the United States. In your own opinion, determine which you feel is the most important source and why.

Now in the United States there are four basic sources of rights as follows: constitutions (federal and state), statutes, case law and court rules. These rules of the federal and state constitutions protect the rights of individuals in the levying of power and decision regarding them and the nature of the act of crimes or criminality.

In relation to the protection of rights the federal constitution is the most important and active protection for an accused in a criminal prosecution. These rights are based upon the Bill of Rights and are enumerated safeguards and are the first ten amendments to the U.S. Constitution. Further these rights set forth in the Bill of Rights are the minimum rights of individuals facing criminal prosecution but as a parallel these same rights can be expanded by state constitutions. These may contain additional provisions to further protect the rights of individuals in state criminal proceedings. Also, these rights of the state are similar to those of the Bill of Rights but pertain only to a particular state in question.

The next source of rights are the statutes which are laws passed by Congress of the United States or by individual state legislature. As a comparison Federal and State laws may cover the same rights noted in the U.S. Constitution but in more expanded detail in the State. For example, the right to counsel is guaranteed by the U.S. Constitution and is also guaranteed by federal or state law and binding in court proceedings. Consequently, the right to counsel by state may exceed the guarantee in the federal constitution. In expansion of allowability is the right of state law to determine procedure of the police and available corrections if procedures are breached or are failed.

Another source of rights are case laws which are not an encumbent from statutory laws but are independent and evolve primarily through judicial decisions. Case law should not be confused with common law which are originations from ancient and unwritten laws of England but have become a primary adaption in the United States that is inclusive of ancient usages and customs, judgments and decrees of the court recognizing, affirming and enforcing those usages and customs. But as a parallel case law evolves as statutory law and is further supported by legislature (federal and state) to ensure correct applying with the U.S. Constitution as the base and anchor.

Further, court rules have developed through the administration and supervisory power of the courts as facilitates to criminal justices. These courts whether federal or state have supervisory power over criminal cases and as such rules promulgated have the force and effect of law and therefore must be followed.

In consequence, in my opinion the various source of rights found in the United States that are the most important are those whose origination are based on truth, the Constitution which filters down from the Bill of Rights to hold all innocent until proven guilty. In essence, the idea and point is fairness even if the most grievousness thought and deed reflects not truth but guilt but with chance, opportunity, fortitude the inequitable becomes equitable with the truth as prevails as the true right and opponent against the bad, untruth and lie.

Thank you.

Felicia

REPLY TO CO-STUDENT

I agree with your post to me the investigation process is indeed the thrilling part of the hunt. It is the highlight that makes a career with the ability to search the links and garner the clues to the next level and then the next level until one hits jackpot.

Also, I agree that the investigation stage is important but it sometimes leads to a dead end when lack of cooperation is prominent. But with further stake outs that is reflected as a need this sometimes proves a cherry on the cake when it turns up not only the culprit but methodology proven and checked.

Lastly, the arrest stage is an intriguing venture and it must be done correctly and precisely or unfortunately all investigative work, stake outs, evidence is useless.

Case laws are established through all levels of court at which future rulings are adhered to a certain point with allowance for differing variables. As such the differences affect the outcome with consideration for the past, present and future in the changes in law geared to circumstances. Further I agree that the United States Constitution is our most treasured asset and anchor.

Thank you.

Felicia