What are the significant legal proceedings between arrest and trial in the criminal justice system?

After an arrest, a report is written to summarize events leading to the arrest. The arrested individual is allowed to consult with his or her lawyer. The prosecutor then files a case within 48 hours and categorizes the crime as a misdemeanor or a felony. The defendant get arraigned in court, the judge reads the charges, and the defendant responds by entering a plea. The judge can then release the defendant on recognizance or set bail which if posted he or she is released and if not paid he is sent to remand to await trial (Duwe and Clark, 2015).

What’s bail, and what factors influence the amount of bail set?

Bail is the property or money that a defendant posts as a guarantee to return to court in the future. The factors that judges consider when setting the bail include;

How serious is a crime?

What is the risk of releasing the defendant to the community?

Is the defendant a flight risk?

Why do defendants and prosecutors agree to plea bargain?

What are settlement negotiations and why are most civil lawsuits resolved through settlement rather than trials?

A settlement negotiation is when disputes get resolved out of court (Perlman, 2015). A lot of people opt for the settlement negotiations because;

There are no fees for attorneys.

It is less time consuming because depositions, hearings, and trials are not there.

One avoids unpredictable jury and judges.

In the case of compensations, they will be fast because of there hardly any lengthy frameworks (Perlman, 2015).

What’s the purpose of a trial?

The purpose of a trial is to get the final decision on a case.

What steps are involved in a trial?

First and foremost the lawyers choose a jury through a voir dire. Before the presentation of evidence defendants and prosecutors, lawyers get an opportunity to open statements concerning the case. During the trial, both lawyers present their evidence and witnesses to support their claim. After the presentation of evidence, the lawyers give their last remarks. Finally, the jury or judge gives a verdict (Duwe and Clark, 2015).

How has the introduction of emerging technologies changed the way trials get conducted?

In the recent past, there has been an influx of technological devices in the courtroom. Courts are now using tablets and computers instead of the significant documents that got lost. Courtroom materials in trials are projected on screens for everyone to see. The use of recorded videos and audios has also increased to determine cases. Forensic techniques such as 360 degrees panoramic imagery of crime scenes are also getting used.

What is alternative dispute resolution? It is the use of methods other than formal litigation to solve disputes. These methods are preferred because they have minimum formalities, inexpensive and the whole process does not consume a lot of time as seen in court proceedings. They also enable the parties to determine the way they want their dispute to get handled (Perlman, 2015).

What are some of the types of ADR?

First and foremost is arbitration which involves the use of an arbitrator who is a neutral person that will hear the evidence and arguments from both parties before deciding on the dispute’s outcome. Arbitration can be non-binding or binding. In binding, arbitration parties agree to follow the arbitrator’s decision, and there is no appeal but in non-binding arbitration, the parties if not satisfied with the resolution they can appeal (Perlman, 2015).

Secondly, there is the method of mediation which has a mediator that helps the parties to reach an agreement on a dispute. He or she doesn’t decide the argument but instead supports the parties in conflict to solve it on their own.

There is also the settlement conferences method where parties and their lawyers meet with a neutral person to discuss how they can solve their dispute (Perlman, 2015).

What’s the sequential interceptions model?

It is an approach that has been developed to divert people that have mental issues and problems from going through the criminal justice system. It functions on the basis that diversions logical sequence of the judicial system can help mental health victims to get diverted to rehabs instead of jail which won’t help them (King et al. 2014).

What are the significant stages (or intercepts) for community-based alternatives to standard prosecution?

There are five significant stages for community-based alternatives, and they include:

1. Law enforcement- arrest after committing an offense
2. The initial hearing in court- court hearing which can end in jail or release.
3. Jail
4. Reentry- the creation of a good reentry plan.
5. Community corrections- when the individual gets near the end of incarcerations he or she is placed under parole or probation.

What are the similarities and differences between community court and other kinds of problem-solving courts?

Similarities

Both the community and other problem-solving courts are yearning to bring an end to the vices of in the society.

Both courts are focused on creating better relationships between the judicial system and the citizens.

Both courts have an objective of reducing recidivism which is the tendency of criminals to commit offences again (Kaiser and Holtfreter, 2016).

Both courts require collaboration and engagement from the community for them to succeed.

Differences

In a community court, the magistrate decides on the case after consulting or hearing the submission of the community representatives while in problem-solving courts the judge makes that decision on his own.

In a community the magistrate’s decision is final, and there is no treatment program involved while in problem-solving courts the judge can place the offender in a plan to change their behaviors such as a rehab (King et al. 2014).

In a community court, there is the chance of making appeals on the sentence while in problem-solving courts appealing is not a choice (Kaiser and Holtfreter, 2016).

 
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