Law & Legal & Attorney Criminal Law & procedure

Legal Questions About the Criminal Justice System

Criminal justice is rather vast a section of law. The criminal justice system is meant to uphold the law by bringing law breakers to book by charging and prosecuting them for their crimes and by ensuring justice through punishment or rehabilitation of those convicted of the crime. Under the system, juveniles and adults are treated differently - but everyone who is accused of a crime is deemed innocent until proven guilty. To ensure this, the system has protocols in place that determine the legal process in order to protect people and safeguard against abuse of the investigation and prosecution. The complexity of the system can often lead to uncertainty about the law, rights and the process and this can lead to legal questions like the ones answered below by experts.

Q. What are the similarities and differences in the procedures for trying adult vs. juvenile offenders?
There are distinct differences in the way the system treats juveniles and adults. The focus is to treat and rehabilitate juveniles whereas for adult offenders punishment is the norm. Agencies like child protective services, schools, and social organizations assist in building a preventive rather than corrective approach to the treatment of juveniles. Many of these agencies also offer assistance and services when a juvenile is charged with a crime. Depending on the severity of the crime, convicted juveniles are generally detailed in correction facilities meant exclusively for minors and they remain within the community.

On the other hand, when an adult is charged, tried and convicted of a crime, the sentence normally results in a jail term to be served in the city, county or state jail/prison.

Q. What is the criminal justice system funnel?
This essentially means that the system is comparable to a funnel because it operates by the process of elimination. The first step in the system is a case or lawsuit, of which there are many. Many of these cases get dismissed at this stage depending on the severity of the offense. Some others get assigned to counseling and/or rehabilitation. Also depending on severity, some convicted offenders may have to pay fines and/or restitution. The remaining offenders, after conviction, are sent to jail to serve time for the crime. Effectively, out of all the cases filed, only a certain fraction result in jail time.

Q. Can a person from the Criminal Justice Investigation unit threaten to issue a warrant if a person does not immediately pay an outstanding debt without documents or paperwork supporting the threat?
Such acts are a violation of the Fair Debt Collection Practices Act. Debt collectors are forbidden from threatening with arrest. This would qualify as an illegal debt collection attempt or may even be a scam. The person or company cannot request and get such an arrest warrant granted by the court. At most, they can file a lawsuit against you. There are no debtors' prisons in the U.S., so you would not have to serve jail time for not repaying a debt.

When the person calls, you should record the name, address, fax, phone and any other contact information of the person and company by implying that you would be paying the amount. This information would be the foundation of the investigation. Take care not to divulge banking information regardless of why the person claims to be. If you feel your banking information may already be compromised, consider moving the money in your bank to another account.

Q. What are the chances of getting a career in criminal justice if you have an arrest for attempted robbery on your record?
Generally, law enforcement agencies can access your entire history, including your arrest record, even if the charges were expunged. State or federal would be unlikely to hire you if you have any criminal record. However, many police departments consider applications from candidates with expunged records and treat the applicant based on the severity of the crime.

The process of determining the guilt or innocence of a person accused of a crime is the cornerstone of the criminal justice system. If you have questions or doubts about a situation regarding criminal law or the system, ask an expert to answer any questions you may have.

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