The book on Gideon’s trumpet revolves on how one man was able to get through smoothly with his case through following the procedural approach of the law in litigating his case on being a petty thief. It has even been mentioned in the narration that perhaps, considering the need to ask for a lawyer who would handle his defense and filing a timely petition to the court about his case’s release were among the right things he has ever done in his life. Through this reading, the role of the federal court had been well laid as well as well explained as to how they do relate with the entire system of criminal justice system in the United States.
Practical Implications and Understanding
The criminal justice system is established to ensure the peace, order, safety and security in the society through the administrative and legal function of the government.
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This aspect is established as the systematic approach of the government body to address the threat imposed by the actions deemed by the legal system to be forbidden and illegal because they post detrimental consequences to the welfare of the people. The criminal justice is developed to manifests as a transparent, fair and equal system that handles legal sanctions and affairs in the society to promote the peace and order among the people.
The criminal justice is a systematic approach that has a hierarchy of processes for the transparency and equality of its application. The first aspect in this system is the discovery of the crime either wherein the illegal act must be established. This can be done through the discovery of a police officer, reports of victims or other citizen, intelligence works and others determined that a crime is perpetuated and establishing the suspects for the said act.
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The discovery of the crime is then followed by the arrest depending on the circumstance of the situation. A crime discovered at actual time requires immediate arrest while crimes with previous knowledge and investigation establishing the probable cause can be enacted the power of a warrant. This is then followed by the pretrial and prosecution aspect wherein the case will be presented to the judicial system to establish the charges, crimes and the relevant details needed for the case. Commonly, this is then followed by the pretrial hearing enacted to discover the presence of probable cause to believe that the suspect indeed committed the crime. Afterwards is the recidivism wherein the present charges will be tied and studied in relation to previous cases and criminal history of the involved suspect. This is followed by the presentation of the case to the grand jury where the evidences presented are heard. If there is a sufficient evidence for a trial, the case is then submitted to the court of indictment for the judicial procedure. The first part of the adjudication is the schedule for arraignment wherein the accused is informed of the charges, advised of the rights of the defendant, and asked whether to enter the plea of guilty. If the accused plea of not being guilty, the trial schedule is then set. This is the part where the evidences and witnesses of both parties are presented and cross-examined to establish the guilt or innocence of the accused. If the court finds the accused guilty, the sentencing occurs. The sentence is commonly established through a sentencing trial wherein the extent, gravity and effects of the crimes are considered to come up with the appropriate and justifiable sanction. After, the sentence is imposed and the relevant details are established, the accused now enters the correctional facility to serve his or her judicial punishment.
The criminal justice system is indeed long and tedious however, this is significantly needed to come up with an infallible and appropriate decision regarding the criminal issue. To avoid the errors of establishing wrong judicial judgment, the case and all of its relevant details and evidences must be intrinsically and critically studied. Through this transparent and critical approach, the judicial system effectively addresses the issue of criminal activity and implements the legal aspect promoting the peace and order for the benefit of the society.