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Running head: CRIMINAL JUSTICE         1



Criminal justice

Armon M Williams

American Intercontinental University
CRIMINAL JUSTICE                                                                                     2




Abstract

       Criminal Justice ideally speaking is “Truth in action” within the process that we call the

administration of justice. Within this paper, I will be looking at the procedures in the Criminal

justice system. Before laying the foundations of this work, I will briefly dedicate a few lines on

what the criminal justice system is all about. A criminal justice system is a set of legal and social

establishments for carrying out the criminal law in agreement with a definite set of procedural

regulations and restrictions. In every country there is a need to shield, guard and protect people

and their properties. The creation of laws is an indispensable form of protection and the

establishment of a system to apply and to enforce these laws, is imperative (schmalleger, 2012).

In this work I will be looking at the procedures in the criminal justice system in the United

States, and show the key components and there roles in the criminal justice system.
CRIMINAL JUSTICE                                                                                       3



                                           Criminal justice

        Criminal justice is one of the largest fields of work and studies. The criminal process is

part of the state’s response to crime, part of the mechanism which the state applies substantive

criminal law to its citizens. In order to keep a safe society, it is important to establish a nation

with good education to teach people judging right or wrong, excellent police force to keep our

street safe, and most of all, a good criminal justice system to carry out the justice. The criminal

justice system is what makes our society organized when it comes to crime. It includes different

forces of police, the people working in the courts and the people working in corrections who are

the ones who completes with the sentences appointed by the courts. The system is outlined to

catch criminals and make sure they are penalized for their crime.



        The police, who are also known as local law enforcements, have a big role. They are the

ones working in not only offices, but also in the streets investigating cases, ensuring safety in the

neighborhoods, and are the ones making the arrests. The courts are next on the line. They are the

people that come next in the criminal justice system with the pretrial activities. They also control

the sentencing and the overall punishment of the criminal. Then we have corrections, this is

where the criminal serves his punishment and is housed. It is supposed to be a state of

rehabilitation for the criminal.



        Criminal justice has two aims which are to control crime and to assure due process. There

are three components to the criminal justice system, the police, courts and corrections. I’m going

to use an actual case to help me break down and show you the process of the criminal justice

system, and its components. The case that I’m going to use is the O.J. Simpson murder case

(officially called the People of the State of California v. Orenthal James Simpson). This case
CRIMINAL JUSTICE                                                                                       4



was a court case in Los Angeles County, California Superior Court that went from the jury sworn

in on November 3, 1994 to opening statements on January 24, 1995 to a verdict being reached on

October 4, 1995. This will help you understand from beginning to end of the criminal justice

process.



       The first step to the criminal justice phase is where a crime is being committed or had

been committed and investigated. In this phase the main personnel are police officers and or

local law enforcement. At this stage they investigate or have probablecaused that a suspect has

broken the law. For instant in (the People of the State of California v. Orenthal James Simpson)

case the first step into the criminal justice system was when Los Angeles County police found

the bodies of O.J. Simpsons, ex-wife Nicole Brown Simpson and her friend Ronald Goldman

murdered. This starts the investigation stage. In the investigation stage law enforcement

individuals gather facts and evidence to come up with a suspect (or criminal) and also to build a

case against the accused person. Most of the time, the evidence has to prove without a reasonable

doubt that the accused person committed the crime at hand.



       Through, several key witnesses stating that they saw O.J. Simpson leaving the scene in

his Ford Bronco the night of the murder, plus DNA evidence, which gave law enforcement

officials probable cause to indict O.J Simpson for the murder of his ex-wife Nicole Brown

Simpson and her friend Ronald Goldman. The evidence places O.J. Simpson at the murder at the

around bout time of the murder. This is where the district attorney also plays its part in the case.

The district attorney office assists police or law enforcement individuals in criminal

investigations, and prosecutes criminal charges for the commonwealth against those who are

accused of breaking the law. Upon receipt of a reported crime the district attorney reviews the
CRIMINAL JUSTICE                                                                                      5



facts and evidence and decides whether or not to approve charges, and this puts us in the next

phase of criminal justice which is the court phase.



        The court process can be a long ongoing process for some cases. In this process the key

personnel are the defense counsel or defense attorney, which are people that work with criminal

defendants to offer them legal advice and counsel. Although most defense attorneys work in

private practice, some are employed by government agencies as public defenders. It is a good

idea to retain counsel as soon as you think you are suspected of a crime you do not have to wait

for an arrest.Other personnel in the court phase is the judge. A judge is an official who conducts

court proceedings. Judges must be able to be fair and not choose sides on a case his main job is

to hear the case out.


        When a case first comes to the court, the judge must decide whether there is enough

evidence against the person who is accused of the crime. If the defendant cannot afford to hire a

lawyer, the judge must give the accused person a lawyer. The judge also sets the bail. Once the

defendant has an attorney and his or her bail amount has been set, he or she enters a plea of

guilty or not guilty. (Walker, 1992).


        The role of a judge during a hearing depends on whether or not a jury is present. In most

serious criminal cases, a jury is present and thus it is the trier of fact, meaning that the jury looks

at the evidence presented to the court and determines whether the accused personnel is innocent

or guilty. The judge is the trier of the law, meaning he or she ensures that everything happening

in the courtroom follows the rules set down by the law. If the jury is not present in a court case,

the judge becomes both the trier of fact and the trier of law. This mostly deals with civil cases.

Judges also determine the amount of time a person spends in corrections and the amount of
CRIMINAL JUSTICE                                                                                    6



money an individual have to pay. To better but this in prospect we will continue with the O.J.

Simpson case.




       After the police and the defense attorneys built a case on O.J. Simpson the case was then

sent to Los Angeles County, California Superior Court. Simpson then hired a defense team.

These personnel played the role as the defense counsel. Since it was a murder case the decision

rested on the jury. Simpson was arraigned and pleads not guilty to both murders. The judge

ordered that Simpson be held without bail. The following day, a jury was called to decide

whether or not to indict him for the two murders.


       Two days later, the jury was dismissed because it was to much media coverage, which

might influence the grand jury decision. After two of the main witness supposedly sold their

stories to tabloids, the case was change to a probable cause hearing. In this case now the hiring

was held to determine whether or not to bring Simpson for trial. This helpedSimpson lawyers

because they would now have public access to the presentation of evidence as it is being

presented by the prosecution in contrast to a closed- off grand jury hearing. After a week-long

court hearing, the superior court judge ruled that there was sufficient evidence to bring Simpson

to trial for the murders. At this second court arraignment, when asked how he pled to the

murders, Simpson, plead not guilty to the murders. “Following thehearing the case was moved to

another building due to damages to the recent court house and security concerns.


       Leading the murder investigation was aveteran LAPD detective. In 1995, the criminal

trial of O.J. Simpson was 134 days long. The prosecution wanted to give O.J. Simpson life in

prison sentence. Now we are reaching the stage where the prosecutor and the defense counsel/

attorneys argue their cases to the judge and the jurors. In this case the prosecutor argued that
CRIMINAL JUSTICE                                                                                       7



Simpson killed his ex-wife in a jealous rage. The prosecutor also played a recording of a call to

the police that Nicole brown Simpson had made. She told them that she was scared that O.J.

Simpson was going to physically harm her. The prosecution also presented dozens of expert

witnesses, on subject ranging from DNA fingerprinting to blood and shoeprint analysis, to place

Simpson at the scene of the crime.


       Even though the prosecutor had what he thought was a good case against O.J. Simpson,

the defense attorney arguments is what won over the jury. A verdict of not guilty was submitted

do to the jury saying that the prosecution did not totally prove their case; they also said it was a

lot of police errors that led to their verdict. Well as we can see in the O.J. Simpson case the

corrections part of criminal justice was not put into effect, to my belief because of errors in the

criminal justice system at the time. But if the verdict did go the other way in the prosecutors was

granted the verdict for life in prison that’s where the corrections parts step in. The judge would

make the overall sentencing, and the criminal would be sent off to correction to be house for

however long the sentencing is. Corrections for the most part act as a rehabilitation for criminals.


       It’s to get them away from their old habits and environment, to teach them new habits

and that the crime that committed was wrong. Correction facilities have many different programs

for criminals they house depending on the location. They have in house education program, in

house work groups, recreation and etc. It’s to try to get the individual to adapt to a new outlook

on things. Also it’s to equip the individual with better knowledge and to also show them the

consequences of their actions (Garland, 2002).


       In conclusion as we have seen with this case and many cases before and after this case,

that everybody plays a key role in the criminal justice system. But it’s critical that everybody

know there time and place when it comes to this process.A prosecutor should only come about
CRIMINAL JUSTICE                                                                                     8



when, a case is going to court for a hearing (post arrest). Any foul play that an individual can

find against the system they would use it. I believe that the prosecution should be in the first part

of the investigation because they are supposed to be the legal party responsible for presenting the

case in a criminal trial against an individual accused of breaking the law. If everyone play there

part in this criminal justice system most mistakes like what happened in the O.J. Simpson trial

would not happen. Even though the criminal justice system is changing and become more

advanced as time goes on it is still room for improvement.
CRIMINAL JUSTICE                                                                               9




Works Cited



Fuller., J. R. (2005). Criminal Justice: Mainstream and Crosscurrents. new jersey: Prentice Hall.

Garland, D. (2002). The Oxford Handbook of Criminology, 3rd edition. In R. Morgan, Of

       Crimes and Criminals (p. 20). Oxford: . Oxford University Press.

lender, D. (2000). Orenthal James Simpson Trial. Kansas City : University of Missouri-Kansas

       City School of Law.

schmalleger, f. (2012). Criminal Justice: a brief introduction. new jersey: prentice hall.

Walker, S. (1992). "Origins of the Contemporary, Criminal Justice Paradigm:. Justice Quarterly

       , 9.

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Criminal Justice System Explained Through OJ Simpson Case

  • 1. Running head: CRIMINAL JUSTICE 1 Criminal justice Armon M Williams American Intercontinental University
  • 2. CRIMINAL JUSTICE 2 Abstract Criminal Justice ideally speaking is “Truth in action” within the process that we call the administration of justice. Within this paper, I will be looking at the procedures in the Criminal justice system. Before laying the foundations of this work, I will briefly dedicate a few lines on what the criminal justice system is all about. A criminal justice system is a set of legal and social establishments for carrying out the criminal law in agreement with a definite set of procedural regulations and restrictions. In every country there is a need to shield, guard and protect people and their properties. The creation of laws is an indispensable form of protection and the establishment of a system to apply and to enforce these laws, is imperative (schmalleger, 2012). In this work I will be looking at the procedures in the criminal justice system in the United States, and show the key components and there roles in the criminal justice system.
  • 3. CRIMINAL JUSTICE 3 Criminal justice Criminal justice is one of the largest fields of work and studies. The criminal process is part of the state’s response to crime, part of the mechanism which the state applies substantive criminal law to its citizens. In order to keep a safe society, it is important to establish a nation with good education to teach people judging right or wrong, excellent police force to keep our street safe, and most of all, a good criminal justice system to carry out the justice. The criminal justice system is what makes our society organized when it comes to crime. It includes different forces of police, the people working in the courts and the people working in corrections who are the ones who completes with the sentences appointed by the courts. The system is outlined to catch criminals and make sure they are penalized for their crime. The police, who are also known as local law enforcements, have a big role. They are the ones working in not only offices, but also in the streets investigating cases, ensuring safety in the neighborhoods, and are the ones making the arrests. The courts are next on the line. They are the people that come next in the criminal justice system with the pretrial activities. They also control the sentencing and the overall punishment of the criminal. Then we have corrections, this is where the criminal serves his punishment and is housed. It is supposed to be a state of rehabilitation for the criminal. Criminal justice has two aims which are to control crime and to assure due process. There are three components to the criminal justice system, the police, courts and corrections. I’m going to use an actual case to help me break down and show you the process of the criminal justice system, and its components. The case that I’m going to use is the O.J. Simpson murder case (officially called the People of the State of California v. Orenthal James Simpson). This case
  • 4. CRIMINAL JUSTICE 4 was a court case in Los Angeles County, California Superior Court that went from the jury sworn in on November 3, 1994 to opening statements on January 24, 1995 to a verdict being reached on October 4, 1995. This will help you understand from beginning to end of the criminal justice process. The first step to the criminal justice phase is where a crime is being committed or had been committed and investigated. In this phase the main personnel are police officers and or local law enforcement. At this stage they investigate or have probablecaused that a suspect has broken the law. For instant in (the People of the State of California v. Orenthal James Simpson) case the first step into the criminal justice system was when Los Angeles County police found the bodies of O.J. Simpsons, ex-wife Nicole Brown Simpson and her friend Ronald Goldman murdered. This starts the investigation stage. In the investigation stage law enforcement individuals gather facts and evidence to come up with a suspect (or criminal) and also to build a case against the accused person. Most of the time, the evidence has to prove without a reasonable doubt that the accused person committed the crime at hand. Through, several key witnesses stating that they saw O.J. Simpson leaving the scene in his Ford Bronco the night of the murder, plus DNA evidence, which gave law enforcement officials probable cause to indict O.J Simpson for the murder of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. The evidence places O.J. Simpson at the murder at the around bout time of the murder. This is where the district attorney also plays its part in the case. The district attorney office assists police or law enforcement individuals in criminal investigations, and prosecutes criminal charges for the commonwealth against those who are accused of breaking the law. Upon receipt of a reported crime the district attorney reviews the
  • 5. CRIMINAL JUSTICE 5 facts and evidence and decides whether or not to approve charges, and this puts us in the next phase of criminal justice which is the court phase. The court process can be a long ongoing process for some cases. In this process the key personnel are the defense counsel or defense attorney, which are people that work with criminal defendants to offer them legal advice and counsel. Although most defense attorneys work in private practice, some are employed by government agencies as public defenders. It is a good idea to retain counsel as soon as you think you are suspected of a crime you do not have to wait for an arrest.Other personnel in the court phase is the judge. A judge is an official who conducts court proceedings. Judges must be able to be fair and not choose sides on a case his main job is to hear the case out. When a case first comes to the court, the judge must decide whether there is enough evidence against the person who is accused of the crime. If the defendant cannot afford to hire a lawyer, the judge must give the accused person a lawyer. The judge also sets the bail. Once the defendant has an attorney and his or her bail amount has been set, he or she enters a plea of guilty or not guilty. (Walker, 1992). The role of a judge during a hearing depends on whether or not a jury is present. In most serious criminal cases, a jury is present and thus it is the trier of fact, meaning that the jury looks at the evidence presented to the court and determines whether the accused personnel is innocent or guilty. The judge is the trier of the law, meaning he or she ensures that everything happening in the courtroom follows the rules set down by the law. If the jury is not present in a court case, the judge becomes both the trier of fact and the trier of law. This mostly deals with civil cases. Judges also determine the amount of time a person spends in corrections and the amount of
  • 6. CRIMINAL JUSTICE 6 money an individual have to pay. To better but this in prospect we will continue with the O.J. Simpson case. After the police and the defense attorneys built a case on O.J. Simpson the case was then sent to Los Angeles County, California Superior Court. Simpson then hired a defense team. These personnel played the role as the defense counsel. Since it was a murder case the decision rested on the jury. Simpson was arraigned and pleads not guilty to both murders. The judge ordered that Simpson be held without bail. The following day, a jury was called to decide whether or not to indict him for the two murders. Two days later, the jury was dismissed because it was to much media coverage, which might influence the grand jury decision. After two of the main witness supposedly sold their stories to tabloids, the case was change to a probable cause hearing. In this case now the hiring was held to determine whether or not to bring Simpson for trial. This helpedSimpson lawyers because they would now have public access to the presentation of evidence as it is being presented by the prosecution in contrast to a closed- off grand jury hearing. After a week-long court hearing, the superior court judge ruled that there was sufficient evidence to bring Simpson to trial for the murders. At this second court arraignment, when asked how he pled to the murders, Simpson, plead not guilty to the murders. “Following thehearing the case was moved to another building due to damages to the recent court house and security concerns. Leading the murder investigation was aveteran LAPD detective. In 1995, the criminal trial of O.J. Simpson was 134 days long. The prosecution wanted to give O.J. Simpson life in prison sentence. Now we are reaching the stage where the prosecutor and the defense counsel/ attorneys argue their cases to the judge and the jurors. In this case the prosecutor argued that
  • 7. CRIMINAL JUSTICE 7 Simpson killed his ex-wife in a jealous rage. The prosecutor also played a recording of a call to the police that Nicole brown Simpson had made. She told them that she was scared that O.J. Simpson was going to physically harm her. The prosecution also presented dozens of expert witnesses, on subject ranging from DNA fingerprinting to blood and shoeprint analysis, to place Simpson at the scene of the crime. Even though the prosecutor had what he thought was a good case against O.J. Simpson, the defense attorney arguments is what won over the jury. A verdict of not guilty was submitted do to the jury saying that the prosecution did not totally prove their case; they also said it was a lot of police errors that led to their verdict. Well as we can see in the O.J. Simpson case the corrections part of criminal justice was not put into effect, to my belief because of errors in the criminal justice system at the time. But if the verdict did go the other way in the prosecutors was granted the verdict for life in prison that’s where the corrections parts step in. The judge would make the overall sentencing, and the criminal would be sent off to correction to be house for however long the sentencing is. Corrections for the most part act as a rehabilitation for criminals. It’s to get them away from their old habits and environment, to teach them new habits and that the crime that committed was wrong. Correction facilities have many different programs for criminals they house depending on the location. They have in house education program, in house work groups, recreation and etc. It’s to try to get the individual to adapt to a new outlook on things. Also it’s to equip the individual with better knowledge and to also show them the consequences of their actions (Garland, 2002). In conclusion as we have seen with this case and many cases before and after this case, that everybody plays a key role in the criminal justice system. But it’s critical that everybody know there time and place when it comes to this process.A prosecutor should only come about
  • 8. CRIMINAL JUSTICE 8 when, a case is going to court for a hearing (post arrest). Any foul play that an individual can find against the system they would use it. I believe that the prosecution should be in the first part of the investigation because they are supposed to be the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. If everyone play there part in this criminal justice system most mistakes like what happened in the O.J. Simpson trial would not happen. Even though the criminal justice system is changing and become more advanced as time goes on it is still room for improvement.
  • 9. CRIMINAL JUSTICE 9 Works Cited Fuller., J. R. (2005). Criminal Justice: Mainstream and Crosscurrents. new jersey: Prentice Hall. Garland, D. (2002). The Oxford Handbook of Criminology, 3rd edition. In R. Morgan, Of Crimes and Criminals (p. 20). Oxford: . Oxford University Press. lender, D. (2000). Orenthal James Simpson Trial. Kansas City : University of Missouri-Kansas City School of Law. schmalleger, f. (2012). Criminal Justice: a brief introduction. new jersey: prentice hall. Walker, S. (1992). "Origins of the Contemporary, Criminal Justice Paradigm:. Justice Quarterly , 9.