The Big Stage
Posted: Jan 07, 2019
As a prosecutor, explain the final report to the prosecution of a case is always important. The first importance of this report is that it helps the prosecution to identify the critical elements of the case as well as the most reliable admissible evidence by which every element will get approval. This means that the report will help to identify any facts favorable to the defendant and any representations from the defense over the likely prosecution. The final report is also important to the prosecution because it helps in identifying the evidence which may be needed to rebut the likely lines of argument from the defendant (Gibson, 2002). In this case, the report provides expert evidence, to rebut any potential defense arguments by foreseeability. The final report to the prosecution of a case is also important because it encompasses the views of the victim on the suggested prosecution. If the victim’s statement has been taken, this becomes availed by the Approval Officer, and if the victim hasn’t made a statement, his views become nevertheless considered in the prosecution report. The final report to the prosecution of a case also sets out the aggravating, mitigating as well as other factors that are critical to sentencing. This serves the purpose of providing a vivid summary for the approval officer. As a result, it helps in a Friskies schedule production if the case is approved.
In the prosecution process, there is possible impact of poorly completed final reports on a case. Poorly completed final reports hinder the prosecution to prove guilt beyond reasonable doubt. Such reports fail to provide rebuttal from the defense, and as a result, the case can be lost. Poorly prepared final prosecution report can also lead to injustice to the defendant (Tong, Bryant & Horvath, 2009). This shows that the accused can get a harsher punishment than what is just. At the same time, poorly prepared prosecution report can lead to the miscarriage of justice whereby the defendant can be left off the hook because of prosecution negligence. Poorly prepared final prosecution reports can leave loopholes where the defense attorneys, as well as the judge, can dismiss the case. Finally, poorly prepared prosecution report for a case can make the court to demand fresh investigation and prosecution of the case. This is not only waste of time, but also criminal justice system resources.
There are different stages in the Criminal Justice Process where evidence is provided to merit the case. Each of these stages is important in building a successfully litigated action. The first evidentiary stage is the preliminary hearing. This stage is important because it determines whether or not there is enough evidence exists against the defendant to continue the litigated action. This process allows the prosecutor to test the evidential strength at his disposal. This is important in making the judge decide if a crime was indeed committed and if there is the likelihood that the person in the court committed it. Therefore, this process is important for successful litigation. The second stage where evidence is provided in the justice process is the information or indictment stage. In this case, the grand jury listens to the evidence from the prosecutor and determines whether a case needs to face the trial (National Institute of Justice & National Research Council, 2001). Hence, the prosecutor has to provide evidence to determine the probable cause to charge the defendant formally. The last stage in which evidence is provided in the court process takes place during the trial. This happens when there have not been pleas, or the case has been dismissed because of different reasons. During the trial process, there are laws which govern the evidence submission. These regulations are tightly procedural law as well as precedent controlled. During this process, the procedural law specifies the type of evidence to be submitted, the credentials allowed representing the parties and what the jury can hear. This is a stage whereby the prosecution is always tasked with proving the guilty beyond a reasonable doubt or the defendant is left off the hook by the judge during judgment. Therefore, the preliminary hearing, indictment, as well as the trial, is three states in the court process where evidence is provided. In sum, preliminary hearing evidence helps to convince the judge that the defendant has a case to answer while the indictment proves to the jury that the defendant is liable for prosecution. On the other hand, the trial evidence is important to ensure justice is served. Thus, the three stages are important for successful litigation action.
A criminal investigator plays important roles in preparing a case for the court. This involves collecting and using forensic evidence as a way of solves crimes. He or she also interview suspects, informants, as well as witnesses to determine alibis, time frames, clues as well as possible suspects. He also bags the evidence carefully to ensure that it meets prosecution. He also runs personal identification database as a way of obtaining matches. Criminal investigators also play a role of collect sufficient evidence to support criminal case in the court criminal. They also process crime scenes, file evidence, follow up on leads and prepare investigative reports to be used by the prosecution. They also attend and make autopsies notes and prepare evidence sketches as well as diagrams. Criminal investigators are also important in obtaining search warrants, carrying out surveillance to monitor suspects, analyze criminal tests among others.
The work of criminal investigators always involves cooperation with the prosecution as a way of enhancing courtroom presentation. Criminal investigators always work jointly with the prosecutor in explaining to the jury regarding the significance of evidence about the proof. They also collect sufficient evidence which is shared by the prosecution to support courtroom presentation. Criminal investigators also collaborate with prosecutors by sharing suspect interview responses. This is important in careful evidence presentation in the courtroom to ensure a successful prosecution.
Not guilty and acquitted are two terms that are always found in the criminal justice system. Acquittal is where the accused becomes free of the criminal charge based on the criminal law (Riddell, 1916). In this case, the prosecution has failed to proof its burden of proof. On the other hand, not guilty means legally blameless. This is where the court finds the offender blameless after the prosecution has provided its full evidence. Thus, Not guilty’ is a decision made by the court concerning an individual charged with committing a particular offense to being freed after being blameless while acquittal means the prosecution have failed in its duty. Therefore, in my opinion, an acquittal means that the investigator failed. The reason is that the investigators must always use his evidence and knit it to the case to convince the court that the defendant is guilty or has a case to answer. Therefore, the investigator must always follow the procedural law to guide the prosecution in defending the case.
In 20 years time, there are some changes that may permeate the criminal investigation. One of the will be the use of radio frequency in investigations. This will help to track evidence source as well as forensic details to facilitate successful prosecution.
Gibson, B. (2002). Introduction to the criminal justice process. Waterside Press
National Institute of Justice (U.S.)., & National Research Council (U.S.). (2001). What's changing in prosecution?: Report of a workshop. Washington, DC: National Academy Press
Riddell, W. R. (1916). Criminal prosecution. Place of publication not identified: publisher not identified.
Tong, S., Bryant, R., & Horvath, M. (2009). Understanding criminal investigation. Chichester, UK: Wiley-Blackwell.
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