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The process

By christian6932 Feb 02, 2014 739 Words


The Process
Christian Carvajal
AIU Online

Abstract
The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th, 6th, 14th amendments, and discuss the 5 philosophies of sentencing.

The Process
The justice system set a process established by the government in order to control everyday crimes and post penalties to all of those people that break the law. The criminal justice system is all handled differently depending on their jurisdiction which can be federal, county, military etc. The process can also vary depending on the seriousness of the offence, if that person is an adult or a juvenile, and many other factors. In this report I’m going to go in depth on how the process is handled. 5th, 6th, and 14th Amendments

The 5th and the 14th Amendments to the United States Constitution both have a similar process that works with the administration of justice. The 5th and 14th Amendment protects the people from denial of life and liberty. It’s actually different to the Supreme Courts of the U.S. that the process gives them four protections (in civil and criminal trials) which are prohibition against indefinite laws and substantive due process. But there is one Amendment that overlaps both of these and that one is the 8th Amendment. The 8th Amendment protects people from being executed which shoes to be an unusual and cruel punishment. The 6th Amendment of the United States Constitution sets rights to criminal prosecution. The Criminal shall have a public and speedy trial by an impartial jury. Stages of the Pretrial Process

Criminal cases consist of several stages from the arrest, sentencing, and maybe an appeal if it’s possible. The first stage is Arrest and in this stage the police take custody of the person. The second stage is Booking where the criminal is taken in and put in their system. The third stage is Bail where there is a set amount that the arrested person has to pay in order to be released from custody. The fourth is Arraignment which is the first proceeding in the case. The fifth stage is Plea Bargain where most cases do end in this stage because the defendant chooses to plea guilty. The sixth stage is Preliminary Hearing which if there was no plea bargain the judge listens to both sides of the party to see if there is enough evidence to charge the defendant. I would advise to the person in this situation that you have in any stage a defense lawyer so that they can guide you through the system. Five Philosophies of Sentencing

The five philosophies of sentencing are Retribution, Incapacitation, Deterrence, Rehabilitation, and Restoration. Retribution in our current time is being used as the base of the punishment which involves sentencing policies and guidelines. Everything depends on the criminal offence and the criminal’s prior record. Incapacitation eliminates the criminal’s ability to yet again commit another crime by physically restraining him/her. Deterrence is basically threatening to punish someone to prevent them from committing any type of crime. Rehabilitation is all about being able to grab the person that committed the crime and take them back to a stage in their life were they did not commit any crimes. Restoration is about being able to grab the person who committed the crimes in the past and establish that person back into the community. Conclusion

The U.S.’s experiment the sentencing guideline has lasted many decades. Even though they have been a valuable tool the sentencing policy is still uncertain but it is much clearer than it was in the past. Hon. Richard Lowell Nygaard said, “The primary object of the legislature should be to prevent crimes, and not to chastise criminals; that object cannot be attained by mere terror of punishment.” Why do continue to follow the steps that lead us to a dead end? References

Frank Schmalleger (2014). Criminal Justice: A brief Introduction, Tenth Edition, AIU online Bookshelf. Retrieved January 31, 2014 http://wow.coursesmart.com/9781269201735#extendedisbn
Hon. Richard Lowell Nygaard (1996). Essay: On the Philosophy of Sentencing: Or, Why Punish? Retrieved January 31, 2014 https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=5+Widener+J.+Pub.+L.+237&srctype=smi&srcid=3B15&key=030fbf09c64091096a4f253c3e7d763c

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