you can begin to know and assert your rights given to you by the Bill Of Rights.
In criminal, we have the word crime.
And crime is a violation of a statue of the State in which there is a joint operation of an act, or omission to act, and intentional or criminal negligence. So you have the act, then comes the violation of the law plus the actual intent, and there there is the full effect of the Crime. And notice that violation of the law and intent both have to be there, because there is such a thing as an accident.
Now let us break down the word Justice:
For Justice to take place, there are a couple of steps that must be taken. First the criminal act or violation of the law is reported to law enforcement departments, and an investigation is initiated by either having an Officer dispatched, or a report taken and even a detective assigned to the case to detect the perpetrator (S). Then, an arrest is made pursuant to having enough evidence or probable cause. Afterward an initial Court appearance is made by the accused within 48 hours without a warrant, or 72 hours with a warrant, where a superior or state court has jurisdiction. And finally you either have an indictment or the accusation fails.
And the third part is the System or Court System.
Now in Superior Court you will have a grand jury that has 2 primary functions. Their first duty is to investigate criminal activities on its own initiative, like public corruption and governmental irregularities. And their second function is to weigh accusations of criminal activities made by the State to determine if a trial should be held. And if the grand jury believe a crime took place, then they issue a “ True Bill Of Indictment “. Also, the Superior Court can charge you by indictment for felony cases and misdemeanor.
And the State Courts themselves can charge you by accusation, they can handle misdemeanor cases. They have no grand jury power or solicitor general.
I hope by now that you have gotten a good understanding of the Criminal – Justice – System. And I must point out 2 extremely important rights that you have once you enter the criminal justice system. First you have the: Fifth Amendment, where no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment of indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
And the second most important right I feel that you have is the Sixth Amendment, where in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
So in closing my friend, the criminal justice system was established in order for the accused to have a fair and just trial in order to determine innocence or guilt. And as you know, all over the world the justice system never works perfectly. Not because of the law itself , but because of human errors, greed and payoffs. Also I can tell you, my having traveled in quite a few places in the world, that the United States has the best and fairest criminal justice system as far as the laws are concerned. Even though the plea bargains, the back door dealings, the payoffs, are all what corrupt the system. And so my friend, as I always say: “ Failure to be aware, is failure to have freedom. By James Dazouloute “.
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