In this project, you will demonstrate your mastery of the following competency:
Explain the processes and procedures used in courts
Scenario
You are a Community Outreach Coordinator for your local chapter of the National Criminal Justice Association (NCJA). A recent study found that people in your area are often unsure of court processes, procedures, and outcomes. As a result, they often are not able to make informed decisions at this critical time in their lives. Using this published research, you have applied for and been awarded a small grant to create community outreach materials to educate the public about court processes.
Directions
The community outreach materials you create should show your knowledge of the following criteria. A template and other possible presentation formats are included in the Supporting Materials section.
Describe how a defendant moves through the criminal justice system from arrest to sentencing. In 150 words, address movement from one step of the process to the next for each of the following:
Arrest
Arraignment
Pretrial hearing
Bail
Trial
Verdict
Sentencing
Appeal
Describe alternative processes and their impact on the criminal court system. In 150 words, address each of the following:
Plea bargains
Restorative justice principles
Describe the function of juries in the trial process. In 150 words, address each of the following:
Civil cases
a)How is this type of jury selected?
b)What is the responsibility of this type of jury?
Criminal cases
a)How is this type of jury selected?
b)What is the responsibility of this type of jury?
Full Answer Section
Trial: During the trial, the prosecution presents evidence against the defendant, while the defense presents evidence in their favor. The jury then deliberates and reaches a verdict.
Verdict: If the jury finds the defendant guilty, they will move to the sentencing phase. If the jury finds the defendant not guilty, they are released from custody.
Sentencing: If convicted, the judge will determine the appropriate sentence, which may include probation, jail time, or prison time.
Appeal: The defendant may appeal their conviction or sentence to a higher court.
Alternative Processes and Their Impact
Plea Bargains: Plea bargains are negotiated agreements between the prosecution and the defense, in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. Plea bargains can help to reduce the workload of the courts and resolve cases more quickly.
Restorative Justice Principles: Restorative justice principles focus on repairing the harm caused by crime, rather than simply punishing the offender. Restorative justice programs often involve the victim, offender, and community in a process of reconciliation and healing.
The Function of Juries
Civil Cases:
a) In civil cases, juries are typically selected through a process of voir dire, in which potential jurors are questioned to ensure that they are impartial and unbiased.
b) The responsibility of a civil jury is to determine whether the plaintiff (the person who brought the lawsuit) has proven their case by a preponderance of the evidence.
Criminal Cases:
a) In criminal cases, juries are also selected through a process of voir dire.
b) The responsibility of a criminal jury is to determine whether the prosecution has proven beyond a reasonable doubt that the defendant is guilty of the crime(s) charged.
By understanding these processes and procedures, individuals can make more informed decisions about their involvement in the criminal justice system.
Sample Answer
Navigating the Criminal Justice System: A Guide for the Community
The Defendant's Journey through the Criminal Justice System
Arrest: The criminal justice process begins with an arrest, which is typically made by a law enforcement officer who has probable cause to believe that a crime has been committed.
Arraignment: Following an arrest, the defendant is brought before a judge for an arraignment, where they are formally charged with the crime and informed of their rights.
Pretrial Hearing: At a pretrial hearing, the judge weighs the evidence against the defendant and determines if there is enough probable cause to proceed to trial.
Bail: If the defendant is considered a flight risk or a danger to the community, they may be denied bail and remain in custody until their trial.