Criminal Procedures Arrest, Booking, Arraignment - 1100 Words

Criminal Procedures: Arrest, Booking, Arraignment (Research Paper Sample) Content: Criminal ProceduresStudents NameInstitutional AffiliationAbstractThis article explores the criminal procedures and the stages involved in the pretrial process. It elaborates the influence of human rights standards of criminal procedure and the organization of criminal process. The criminal procedure acknowledges the human rights concerning criminal cases and governs the criminal proceedings in respect of statutory crimes. They are also meant to protect the defendant in the course of the criminal proceedings. There are stages that are involved in the process of administering criminal justice in order to avoid partial judgment. These stages include arrest, booking, bail, plea bargains, preliminary hearing and main trial. Each stage plays a significant role to ensure that the defendant faces the appropriate punishment in case he or she is found guilty and that the prosecutor is compensated.BodyIntroductionCriminal procedure is a process which entails a set of instruction s that govern the series actions through which the government implements the practical criminal law. This article reviews the stages involved in the pre-trial process as one of the phases of the criminal procedures. The process addresses the matters related to the basic public trial tasks such as enlisting pleadings, interrogating and counseling clients, and evolving facts, formulating interrogatories, taking confessions, and filing motions (Bartol Bartol, 2014). The process covers all stages of pretrial law suit broadly, logically, and briefly without being over-simplified. Criminal procedures are meant to enforce the legal rights of the illicit suspects and defendants, which involves various stages namely: arrest, booking, bail, arraignment, plea bargains, preliminary hearing and main trial. The stages are discussed below.ArrestThis is the first stage whereby, the law enforcers arrest the suspect. This may take place if a police officer notices an individual committing a crime, o r there is a probable cause that makes the officer believe that the person has committed a crime or the officer has an authorized valid arrest warrant for that person (Lippman, 2014).BookingThe defendant is taken to the police custody and their personal information is entered into the police system and is denied the freedom of movement. This includes taking ones fingerprints, ID numbers and seizing personal property. The accused is then held in a cell as they await further actions. If the crime committed by the suspect is declared to be minor, the suspect may be issued a citation that demands him or her to appear in the court at a future date.BailThis consists of either cash or any other property that the defendant may deposit to the court to secure his or her release from the custody. This acts as a guarantee that the accused will avail for all the arranged proceedings as a condition for the release. The amount of bail charged to the accused depends on the intensity of the crime, t he defendants criminal history or the probability that the defendant may escape and not return to the law court. However, bail is normally discouraged since it segregates the poor criminals who may not afford to post a bond. It may also pose insecurity to the public in case serious criminals are released on bonds. The judges, therefore, hold the offenders without the bail to promote public safety(Mapaure et al, 2014). The criminal may also be released without a bond through own recognizance provided that they promise in writing that they will appear for all the scheduled proceedings.ArraignmentIt entails the first appearance to the court by the criminal. The judge informs the accused of the penalties charged against him or her and explains the rights offered to the defendant to either appoint counsel at the governments expenses or pay a lawyer for him or herself(Lippman,2014).The judge asks the accused to plead, decides whether to amend the initial bail amount, reviews the defendant s bail and sets the dates of future proceedings.Plea BargainThis involves the agreements between defendants and prosecutors. Many people do not buy the idea of resolving disputes among themselves but instead, prefer taking their criminal cases or disputes to the court for legal actions in search of justice. Plea bargains are viewed as immoral and disreputable since the practice makes the defendants to end up in lower charges and the prosecutors not getting their legal rights, hence not a common practice (Mapaure et al, 2014). There could also arise disagreements between the prosecutor and the defendant in choosing the type of plea bargain to apply in their cases which may become an inappropriate way to solve their cases. Prosecutors may also put unnecessary tough sentencing laws against the defendants.Although the practice is not popular with the public, it is inevitable and a reasonable practice which yields various benefits to the prosecutor, the defendant and the government when it is well utilized. The benefits include relieving the jury system the burden of piling up much case load which would also be difficult to meet the defendants demand for quick trial. The prosecutors are also secured from spending a lot of money in taking their cases to the court and paying a lawyer. This could be more expensive if the defendant is declared not guilty and the case disposed off. They are subjected to acquiring justice without spending resources and wasting time in following the court procedures in the jury trial. The practice also relieves the government the burden of having to accommodate numerous law-breakers serving all their time in the prison which could be expensive due to limited facilities (Lippman, 2014).Preliminary HearingThis stage is meant to establish ...