Innocent Until Proven Guilty: The Criminal Court System
The job of the police, What do you think they have to do?
What should they have the authority to do?
In the American legal system, a person accused of a crime is considered to be innocent until he or she is proven guilty in court. In your country, does an accused person have to prove his or her innocence, or does the court have to prove the person's guilty?
The purpose of the American court system is to protect the rights of the people. According to American law, if someone is accused of a crime, he is considered innocent until the court proves that the person is guilty. In other words, it is the responsibility of the court to prove that a person is guilty. It is the responsibility of the person to prove that he or she is innocent.
In order to arrest a person, the police have to be reasonable sure that a crime has been committed. The police must give the suspect the reasons why they are arresting him and tell hi his rights under the law (1). Then the police take the suspect to the police station to "book" him. "Booking" means that the name of the person and the charges against him are formally listed at the police station.
The next step is for the suspect to go before a judge. The judge decides whether the suspect should be kept in jail or released. If the suspect has no previous criminal record and the judge feels that he will return to court rather than run away - for example, because he owns a house and has a family - he can go free. Otherwise, the suspect must put up bail (2). At this time, too, the judge will appoint a court lawyer to defend the suspect if he can't afford one.
The suspect returns to court a week or two later. A lawyer from the district attorney's office presents a case against the suspect. This is called a hearing. The attorney may present evidence as well as witnesses. The judge at the hearing then decides whether there is enough reason to hold a trial. If the judge decides that there is sufficient evidence to call for a trail, he or she sets a date for the suspect to appear in court to formally plead guilty or not guilty.
At the trail, a jury of 12 people listens to the evidence for both attorneys and hears the testimony of the witnesses. Then the jury goes into a private room to consider the evidence and decide whether the defendant is guilty of the crime. If the jury decides that the defendant is innocent, he goes free. However, if he is convicted, the judge sets a date for the defendant to appear in court again for sentencing. At this time, the judge tells the convicted person what his punishment will be. The judge may sentence him to prison, order him to pay a fine, or place him on probation (3).
The American justice system is very complex and sometimes operates slowly. However, every step is designed to protect the rights of the people. These individual rights are the basis, or foundation, of the American government.
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1. The police must say, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to a lawyer and to have the lawyer present during questioning. If you so desire, and cannot afford one, a lawyer will be appointed without any charge before any questioning. Do you understand these rights as I have explained them to you?" These rights are called the Miranda rights.
2. Bail is an amount of money which the accused person pays to the court to assure that he will return to the court on the trial date. If the person comes back, the money is returned to him. If not, the court keeps the bail money.
3. Probation means that the convicted person does not have to go to jail. Instead, he must follow certain rules, and is supervised by a parole officer.