Final essay

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Criminal Law & Justice Final Exam
The Criminal Justice system has seven major steps, and they include arrest, initial appearance, preliminary hearing, arraignment and plea, the discovery of evidence, trial and sentencing. Crime can be classified into two broad categories namely: infractions and misdemeanors. There are various types of crimes, and the most common are assault, battery, burglary, robbery, aggravated assault, arson, bribery, kidnapping, rape, and homicide. There are six identifiable theories which can be used to explain the cause of crime. They include strain theory, rational choice theory, social disorganization theory, social learning theory, social control theory, and the labeling theory.
Police are mandated with the role of maintaining law and order and fighting crime by arresting wrongdoers and arraigning them in a court of law. The 4th amendment of the US constitutions prohibits unwarranted searches and seizures without a probable cause and legal authorization. Police have to meet the following four requirements before obtaining a warrant. First, they must be filled by a law enforcement officer in good faith. Second, there must be a probable cause for the search. Third, a neutral magistrate must issue a warrant. Lastly, the permit must specify location and items to search.
A probable cause should reveal that a crime was committed and there are items in the specified location that can help provide insightful evidence regarding a given crime (Cross 23).

Police have the constitutional right to arrest someone without a warrant after obtaining consent if the evidence is in plain view and during a lawful arrest. The case of Miranda v. Arizona guarantees one’s rights upon arrest and before interrogation. The Miranda Rights state that a suspect has the right to remain silent because anything they say can and will be used against them in a court of law. Additionally, a suspect has the right to acquire an attorney, and if he/she does not have one, they can be provided.
The US dual court system is made up of the federal court system and the court system in each state. Jurisdiction denotes the authority to make legal decisions and other related judgments. There are two types of federal jurisdiction namely: exclusive jurisdiction and concurrent jurisdiction. There are two types of state jurisdiction, and they include original jurisdiction and appellate jurisdiction. There exists a difference between criminal and civil law. Criminal law deal with behaviors that cause injury or harm to an individual or an organization. Civil law, on the other hand, deals with behaviors which go against the expectations of the society or the state (Cross 4).
The criminal trial has three major steps namely choosing a jury, witness cross-examination, and issuance of the verdict. The prosecution presents the case before a court of laws and arraigns evidence implicating the suspect committed a crime. The defense represents the defendant during a criminal trial. A plea bargain in a trial is an agreement between the defendant and the prosecutor. The defendant is supposed to plead guilty to a particular felony, and in return, they are given a less severe sentence (Cross 39). An attorney can use the voir dire screening process to select a jury to hear a case based on their background and potential bias. Both the jury and the judge can give the verdict on whether a suspect is guilty, but only the judge grants the sentence. If a jury does not reach a verdict of guilty or not guilty, this leads to a mistrial which can be tried later by a new jury.
There are five major types of punishments, and they include incapacitation, deterrence, retribution, rehabilitation, and restoration. The most severe punishment that one can receive in the United States is the death penalty. There are three major sentencing models, and they include indeterminate, determinate, and mandatory models. In concurrent sentencing, the defendant is supposed to serve all sentences at the same time while consecutive sentences have to be served one after the other (Cross 48). Punishment is aimed to deter crime and rehabilitate criminals.
Vocabulary:
Miranda Rights – A suspect has the right to remain silent and acquire an attorney.
Decriminalization – lessening the criminal penalty related to a particular type of crime.
Serial Killer – a person involved in multiple cases of murder with no primary motive.
Public Order Crime.
Criminology – Study of the nature, cause, consequence, and prevention of criminal behavior.
Criminal Negligence
Voir Dire – Questioning the jury to determine who will rule over a case.
Works Cited
Cross, Noel. Criminal Law & Criminal Justice: An Introduction. Sage, 2009.