Verified Document

Branches Of Government Was Structured Research Proposal

If a plea bargain is reached before the trial, often the trial will not continue. The suspect will be sentenced and then continue to incarceration. Plea-bargaining is a legal tool, which keep the courts from becoming too clogged (Champion 208). This ends the Pre-Trial phase of the criminal court system. Next in the process is the trial itself. Most people who enjoy courtroom dramas will recognize this phase of the process. Many trials are pleaded out, which means the main characters in the process are the prosecutor, the defense counsel, and the judge. When a case does go to trial, juries are selected, and are generally composed of 6 or 12 peers, chosen with equal input and approval by both the prosecutor and the defense (Samaha 329). The prosecutor, usually working for the county or state, offers their evidence against the suspect, while the defense counsel presents evidence meant to clear his client of wrongdoing. The judge (and jury) attempt to decide which side is telling the truth, and how to punish the suspect. One important aspect of the trial is that the defendant is always presumed innocent until proven guilty (Samaha 334). The trial moves through several phases.

The trial begins with opening statements from both attorneys. They then offer the main facts to the jury, giving them evidence and attempting to sway them to their side. After all the evidence is presented, they make their closing arguments. Usually, the state presents its closing argument last. If there is a jury, the trial then goes to the jury to decide, after the judge gives them his instructions (Samaha 338). If there is no jury, the judge decides whether the suspect is guilty or innocent, and what price they will pay for their crime. There are many alternatives to sentencing. There is also community service, suspended sentences, and sometimes the suspect is committed to a mental or addiction institution for treatment. Sentencing and serving the sentence is the "Post-Trial" part of the process (Samaha 363). After sentencing, the criminal goes to jail, serves time, and is released on parole, or, for lesser crimes might do community service, ending the process (Samaha 363).

In conclusion, as demonstrated in this essay, the system of government is one of balance, and it ensures the goals of the forefathers: that the control of the government remains under the control of the people of America by way of their elected officials. That...

Alleged criminals must be treated in accordance with the rights and guarantees under the Constitution of the United States. While this system might not always seem like the best system to those of us on the outside, as observers of justice applied; certainly should we find ourselves or one of our loved ones on the other side of the system, and innocent, we would be grateful for the many rigors and guarantees afforded us in the opportunity to legally prove our innocence.
While ours is not a perfect system, is certainly a system that has endured longer than any other Constitutional government in history. Our basic focus on human rights, and the rights of our citizens as expressed in the Constitution is what draws the millions of applications from people of foreign countries whose own rights pale in comparison to ours; and who seek for their families and their selves a better life in a country that respects their human and legal rights. This is what our Constitution does.

It is perhaps the forefathers whom we have to thank for our system, but it is the people have worked to preserve it since that time: police officers, judges, senators, representatives, and the individual citizens who oversee the rights of the Constitution remain in tact with careful oversight, discussion, and debate. We are the people.

Works Cited

Champion, Dean J. Dictionary of American Criminal Justice: Key Terms and Major

Supreme Court Cases, Fitzroy Dearborn Publishing, Chicago, Il, 1998.

Clymer, Steven. Are Police Free to Disregard Miranda? The Yale Law Journal,

Vol 112, 2002, 449-550.

Samaha, Joel. Criminal Justice. Cengage Learning, Thompson Higher Education, 2006,

Belmont, Ca.

Sisk, Greogry and Urban, Lester. Litigation with the Federal Government, The American

Law Institute, 2006.

Zelden, C. The Judicial Branch of Federal Government: People, Process and Politics.

ABC-CLIO, Inc., 2007, Santa Barbara, CA. Print.

Dictionary definition of the term taken from Dictionary.com, found online at http://dictionary.reference.com/browse/ratification.

Sources used in this document:
Works Cited

Champion, Dean J. Dictionary of American Criminal Justice: Key Terms and Major

Supreme Court Cases, Fitzroy Dearborn Publishing, Chicago, Il, 1998.

Clymer, Steven. Are Police Free to Disregard Miranda? The Yale Law Journal,

Vol 112, 2002, 449-550.
Dictionary definition of the term taken from Dictionary.com, found online at http://dictionary.reference.com/browse/ratification.
Cite this Document:
Copy Bibliography Citation

Related Documents

Branches of U.S. Gov't the Government Structure
Words: 792 Length: 2 Document Type: Term Paper

Branches of U.S. Gov't The government structure in the United States is divided into three distinct branches that work in conjunction to ensure that the country and its citizens are governed justly. These branches were established in Articles 1, 2, and 3 of the United States Constitution. Furthermore, each of these branches plays a major role in the development of public policy. The executive branch of the government is made up of

Government Outsourcing the Outsourcing of
Words: 10988 Length: 35 Document Type: Term Paper

A micro considers the interests and rights of the individual company as the primary concern. Both of these views are valid depending on the lens that one wishes to use. The problem arises when the government is forced to develop policies regarding procurement in this volatile debate. The government must decide whether to take a micro view, favoring the rights of companies, or a macro view that places the

Government Why Did the Framers
Words: 5873 Length: 18 Document Type: Essay

Republicans construed Obama as suggesting government bailouts for new industries, or at the slightest a more lively federal government function in generating or supporting jobs -- concepts abominations to a lot of conservatives. The Obama campaign countered the idea as political spin that does not replicate the president's feeling or meaning, pointing to full circumstances of the quotation as confirmation (Koch, 2011). Discuss the process of how a Bill becomes a

Government Contracting and the "Buy
Words: 1081 Length: 3 Document Type: Term Paper

Solar power captures the heat and light of the sun to generate electricity. The overall climatic changes can be wisely used by Corporations and Governments to produce useful electricity, without recurring to solid wastes or other non-renewable resources. Hydroelectric power captures the energy in falling water. It is considered to a have a relatively small impact on the natural environment, and electricity can be obtained by using natural or artificial water

Government Budgeting
Words: 4599 Length: 10 Document Type: Term Paper

Government Accounting Office in America (GAO) This is an examination of the Government Accounting Office in America. The writer discusses the history, purpose and background of the GAO as well as the duties that the office is charged with performing. The writer then analyzes literature that illustrates the office in action. The final discussion revolves around the question, "Is the office effective or is it a waste of money." There were

Government the Japanese Government Has a Constitution
Words: 2298 Length: 8 Document Type: Essay

Government The Japanese government has a Constitution created in 1947. It is founded on three principles, respect for fundamental human rights, sovereignty of the people, and renunciation of war. There are also three branches of the government. The legislative or Diet, executive or cabinet, and judicial or courts. The highest organ of state power, the Diet, is Japan's national parliament. They are the singular law-making organ of the states. There are 480

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now