Administration of Justice | Attorneys, Lawyers & Legal Resources

Administration of Justice

One of the most basic and important concepts behind the administration of Justice in America is that all people are considered to be innocent until proven guilty. This puts the burden of finding guilt in an individual on the prosecutor, and is done to ensure that every person receives a fair trial. Many countries have the opposite belief - that a suspect should be considered as guilty and it is up to them to prove their own innocence.

Criminal Justice

The practice of trying, convicting and sentencing those who break the law is known as criminal justice. The ultimate goal is to punish those who have gone against the rules of society, and to segregate them from the public to ensure they do not commit further crimes. This is also done to deter other people from committing similar crimes. A person who is aware that the results of a crime may lead to incarceration or even worse will be far less likely to commit that crime in the first place.

There are three primary parts to the Criminal Justice system, all of which work together for the same goal. Those parts include Law Enforcement, the court system and the penal system.

Law Enforcement

The role of a police officer is to serve the community by observing and defining behavior as criminal or legal. One of the duties each officer must face is making the determination of whether or not a particular deed warrants making an arrest, issuing a ticket or even just a warning. When the officer decides that an activity is a crime that is worthy of prosecution, it is up to them to initiate an arrest, read the perpetrator their rights and put them through the booking procedure at the local jail facility.

Trial

Following an arrest, a prisoner will have a trial before a judge, and in most cases a jury. Depending on the severity of the crime, the accused may have bail set for them, which is an amount of money that will allow them to return to their home while waiting for the trial to begin. One of the considerations that are used to determine if a person will or will not be given a bail option is whether they not they pose a flight risk, meaning that those who are likely to flee in order to avoid the trial will not be likely to have a bail amount set for their case.

During the actual trial, all evidence will be presented for and against the accused. Once all of the evidence has been produced, every witness has been called upon to speak and both attorneys have presented their sides of the case, the jury is expected to produce a verdict of guilty or not guilty. A not guilty pronouncement will allow the accused to be set free, but following a guilty verdict the judge will be called upon to pronounce the sentence.

Sentencing

The sentence is the type of punishment that a judge establishes for any person who has been found guilty of a crime, and the amount or length of that punishment. It can be a fine, community service or prison time. While the sentence is at the discretion of the judge, there are guidelines that each judge must follow, and maximum sentences that are allowed for different types of crime.

To fully understand the Administration of Justice you must look at all of the factors involved. Everyone from the officer who makes an arrest, the lawyers who try the case, the jury that produces a verdict to the judge who pronounces the final sentence, plays a part in this important process.