Report Writing and
Presentation of Evidence in Court
The
reports and presentations of evidence in court must be detailed, accurate and
carried out using the correct procedures in order to achieve a positive outcome
of the criminal investigation. The
court, during the trial, will be presented with numerous reports from various
members of the criminal investigation process.
In the case of Aileen Wuornos the findings from the following members of
the investigation would be required; the pathologist, medical examiner, Scene
of Crime Officer (SOCO), forensic scientists, detectives, witnesses, police
officers etc.
The Police
The
responsibility of the police is vital to any form of criminal investigation as
they are generally the first public service that attends the scene of a
crime. The police, in the case of
attending a scene were a suspected homicide has taken place, would call for
assistance for the victim if it was apparent that they were still alive. The
police officer who has arrived at the scene would be referred to as the First
Attending Officer (FAO) and it would be their role and responsibility to cordon
the scene off in order to preserve any evidence and protect the body from the
environment, if the crime has occurred in an outdoor environment. The role and responsibility of the police
would also be to identify if any witnesses to the crime are present and take a
statement from them which includes their contact details, the First Attending
Officer (FAO) would also be required to report the crime to the police
department in order for the relevant members of the criminal investigation
team, such as the detectives and forensic scientists, to be notified and attend
the scene. The First Attending Officer
(FAO) also has the authority to apprehend any individuals who they presume to
be involved in the crime. The First
Attending Officer (FAO) will be required to give a statement that may be used
in court. The police would be the first stage of the criminal investigation
process as they are in most cases the first public service to be called in the
case of a criminal offence and they would potentially be called upon in court
to detail what they discovered upon arrival at the crime scene. This links specifically to the First
Attending Officer (FAO) as they may have detained an individual who was
behaving suspiciously at the scene of the crime and they could be on trial,
therefore they may have to verify to the jury that the individual on trial was
the individual that they detained at the scene of the crime. The police, regardless of the form of crime
that has taken place, will have the role and responsibility to ensure that the
individuals involved in the crime are safe and do not require any medical or
other assistance. The police will also
have the responsibility of interviewing any witnesses to the crime, reporting
the crime, apprehending any suspects located at the scene of the crime and
calling for assistance when necessary.
In the case of a mugging there would be no requirement of services such
as a forensic pathologist as there are no individuals that are deceased. The police would acquire any CCTV footage
showing the mugging taking place, witnesses would be asked to give a statement
and the victim of the mugging would also give a statement that details a
description of the attacker. The police,
following the collection of the victim’s details, would ensure that they are
called in to the police station to identify any suspect/s that have been
apprehended from a line up or through looking at pictures of the suspects.
The
polices roles and responsibility vary according to the crime that they are
investigating, in the case of a mugging the police would take a statement from
the victim and a description of the belongings stolen. They would then acquire any CCTV footage, if
available, in order to obtain a possible description of the suspect/s and
interview any witnesses who might provide new lines of enquiry. If a suspect/s is then apprehended they would
be interviewed and dependant on that interview and the discovery of any
evidence such as the victims belongings being discovered, charge the suspect/s.
They
are the first to attend a crime scene and can be involved in the subsequent
criminal investigation right through to the trial of a suspect/s were they may
be called upon to give evidence.
In
the case of Aileen Wuornos the police were present at the discovery of the
abandoned vehicles of Aileen Wuornos’s victims, were they would have recorded
the crime scene, secured and cordoned off the scene, called for the relevant
departments to attend such as the scene of crime officer (SOCO), and interviewed
any witnesses present. All of this
information would then be acted upon by the police or passed on to the
detectives who would pursue any lines of enquiry.
The
discovery of the body’s of Wuornos’s victims would have given the police
attending the scene the role and responsibility of securing the crime scene,
calling for the medical examiner, scene of crime officer (SOCO) and
detectives. They would Interview any
witnesses or the person who had discovered the body if not the police. The information that they gather would then
have been passed on to the detectives in charge of each case who would then
investigate any lead or liaise with the scene of crime officer (SOCO), medical
examiner and forensic scientists in order to determine the cause of death and
any information that may lead to a suspect/s.
Detective/s
It
is the responsibility of the detective/s in a criminal investigation to attend
the scene and liaise with other members of the investigation, such as the
forensic scientists, in order to identify the further lines of enquiry that
need to take place. The detective/s will
identify what motive there may have been, in the case of murder, and ascertain
potential suspects. The detective/s will
have documentation/ records that give a detailed account of the stages of the
investigation that are taking place as they will be required to provide
evidence in court that establishes to the jury and judge how they have come to
the conclusions that they have regarding the criminal investigation. The use of detectives is required in criminal
investigations as they specialise in identifying the motive for the criminal
offence, suspects thought to be involved in the criminal offence and the
further lines of enquiry that need to take place. The aforementioned information would be
applicable to a terrorist attack and the detectives would play a role, if
necessary, in liaising with international police forces in order to identify
the suspect/s responsible for the act and to gather evidence that can be used in
a court of law at the trial of a suspect/s.
In
the case of Aileen Wuornos the detectives from the various Florida State forces
will have liaised with the police who first attended each scene of crime to
establish how and when each crime was reported/discovered, the scene of crime
officers (SOCO’s) who attended each scene to record-collect-package-label any
evidence that would then be transported to the forensic laboratory in order for
it to be analysed, the forensic scientists who analysed the evidence received
from the scene of crime officers (SOCO’s) which could provide the detectives
with new lines of enquiry or point to a suspect/s and the pathologist who
conducted the autopsy on the victim which would reveal how each victim died,
with the exception of Peter Siems whose body was never recovered.
They
would investigate each of the victim’s background and financial situation in
order to identify any possible motive for their murder or person/s who might
have wanted to harm the victim. A time
line of the victims last movements would have been constructed which may lead
to new lines of enquiry or suspect/s.
By
the time Walter Gino Antonio was murdered the detectives had finally begun to
share information regarding previous murders and their similarities, the fact
that each victim had been shot with a .22 calibre pistol and composite sketches
of the suspect bore significant similarities led to them finally realising they
were looking for a serial killer who was working alone and was female using a
small handgun to commit these murders.
However it should be noted that vital evidence
found under the seat of Charles ‘Dick’ Humphreys vehicle, a Budweiser beer can,
was never dusted for fingerprints which would have revealed that Aileen Wuornos
had at least been in the vehicle and further investigation would reveal her
criminal record and previous use of a .22 calibre pistol to commit a crime.
A
pawned set of tools matching a description of those that had belonged to David
Spears were not recovered by police – overlooked evidence.
Fingerprints
matched those of the bloody print found in the vehicle belonging to Peter
Siems.
Having
identified Aileen Wuornos as their prime suspect they began covert surveillance
of her and she was arrested by Larry Horzepa on the 9th January
1991. Her lover Tyria Moore was located
on the 10th January 1991 and offered immunity from prosecution if
she helped to gain a confession from Wuornos.
In a recorded conversation with Wuornos Tyria gained a confession.
When
detectives Larry Horzepa and Bruce Munster interrogated Wuornos she admitted
the killings but was adamant they were committed in self defence and that Tyria
Moore was not involved in any of the killings. Following the interrogation
Aileen Wuornos was charged with the murder.
The
.22 calibre pistol that Wuornos had thrown into Rose Bay was recovered and
tested by ballistics experts for comparison with the bullets retrieved from the
victims that proved to be a match and therefore recorded as the murder weapon
used on the victims.
Wuornos’s
attorneys had originally agreed a plea bargain, for a guilty plea to six
murders she would receive six life sentences however a state attorney believed
she should receive the death penalty for her crimes which led to her trial.
Scene of Crime
Officer (SOCO)
It
is the responsibility of the Scene of Crime Officer (SOCO) to identify any
relevant forensic evidence present at the scene of a crime and also ensure that
the scene of the crime is safe for the other members of the criminal
investigation team to access. The
forensic evidence, once identified, must be photographed and recorded prior to
its collection and transfer into the appropriate receptacle. The Scene of Crime Officer (SOCO) is
required, as part of their role and responsibility, to ensure that there is a
chain of continuity and that all forensic evidence indentified and collected is
done so in the correct manor wearing the full personal protective
equipment. The Scene of Crime officer
will ensure that all documentation/ records are detailed and correct as they
will be used in court, in the case of a murder trial, by both the prosecution
and defence. The Scene of Crime Officer
(SOCO) may be called to attend court in order to give a detailed and accurate
account of the procedures that took place at the scene of the crime when they
were identifying and gathering the relevant forensic evidence. The Scene of Crime Officer (SOCO) will liaise
with the forensic scientists regarding the analysis and the findings gathered
as a result of the analysis. The Scene
of Crime Officer (SOCO) will be required at a criminal investigation that
involves a terrorist attack as the relevant evidence will need to be identified
and collected in order for transportation to the forensic laboratory for
further analysis. The Scene of Crime
Officer (SOCO) will need to work with the police and other departments to
ensure that the scene is safe to access.
At a
crime scene that involves a body, the scene of crimes officer (SOCO) would
arrive wearing the appropriate personal protective equipment (PPE) in order to
prevent any cross contamination of any evidence at the scene. They would liaise with the first attending
officer (FAO) in order to determine what had occurred. Recording all the information
accurately in respect of who reported the crime and how, as well as how the
scene had appeared.
The
condition of the cordoned off scene must be recorded accurately, for example;
wet, dry, inside, outside as well as a description of all those present at the
crime scene.
It
is vital that every piece of evidence is recorded, photographed, collected,
packaged and labelled correctly prior to its transportation to the forensic
laboratory for analysis. When a body is
present at a crime scene they will also record, photograph, collect, package and
label any evidence recovered from the body prior to its transportation to the
mortuary for a pathologist to continue their examination of the body.
However
if a murder, assault, robbery or burglary had taken place in an area of limited
space that could not be cordoned off, such as a bedroom, a common approach
pathway (CAP) would be used to map the route the perpetrator/s used and any
evidence recorded, photographed, collected, packaged and labelled correctly
prior to its transportation to the forensic laboratory.
Each
crime scene will require a specific approach that will best recover all the
evidence in order to aid the police and detectives in uncovering the
perpetrator of the crime. A scene of
crime officer (SOCO) has a very important role to play at every crime scene
whether it is a murder, mugging, assault or rape etc. Their approach will differ depending on the
crime committed, for example; in a robbery the scene of crime officer (SOCO)
would photograph the scene, photograph and collect any evidence such as a
fingerprints, weapon or bullets/bullet casings if a gun has been fired, package
and label it correctly prior to its transportation to the forensic laboratory.
In
the case of Aileen Wuornos, scene of crime officers (SOCO’s) would have
attended each crime scene. They would have recorded, photographed, collected,
packaged and labelled any evidence collected from each of the abandoned
vehicles of the victims, such as; the fingerprints that were discovered in the
abandoned vehicle of Peter Siems that were a match to Aileen Wuornos’s when compared by a fingerprint specialist.
When
attending the crime scenes of the discovered body’s of the victims they would
have worn the appropriate personal protective equipment, cordoned off the scene
if the first attending police officer (FAO) had not already done so,
photographed the area and the body, collected every piece of evidence, packaged
and labelled it correctly prior to its transportation to a forensic laboratory
for analysis. Made an accurate record of
the crime scene, the environmental conditions, any evidence collected and all
those present at the scene. In the case
of Richard Mallory, the first victim, his hands were removed from his
decomposing body and transported to the forensic laboratory to discover the
latent fingerprints in order to provide a possible identification of the victim
which, if found, would provide the detectives with the identity of the victim
which will aid their investigation.
Medical Examiner
It
is the role of the medical examiner to identify an approximate time that the
individual is said to have died. The
medical examiner will have the role and responsibility of using their in depth
knowledge of the processes involved in decomposition to officially document/
record an approximate time. The service
of a medical examiner would only be required when the criminal investigation
involved an individual who is deceased.
The medical examiner would be called to a scene involving a suspected
homicide, for example, in order to identify an approximate time of death. The results obtained will then be
subsequently presented to the detectives working on the criminal investigation. The medical examiner may also be called to
court to verify their findings to the judge and jury.
In
the case of Aileen Wuornos the medical examiner attended each of the murdered
victims with the exception of Peter Siems, whose body was never
discovered. They confirmed each victim
was deceased and if possible provided the police/detectives present with a
possible time of death and possible cause of death. They will make a determination, if possible,
as to whether they believe the person was a victim of a crime.
Forensic
Scientists
It
is the responsibility of the forensic scientists involved in a criminal
investigation to analyse any forensic evidence gathered at the scene of a
crime. The forensic scientists must
ensure, as part of their role and responsibility, that they maintain the chain
of continuity and wear the appropriate items of personal protective equipment
during the analysis of the forensic evidence.
The conclusions that they draw from the analysis of the forensic
evidence will be required to be documented, in great detail, along with
pictures to illustrate to the court their findings. It is essential that any documentation/
records are detailed and accurate as they will be used in court, in the case of
a murder trial, by both the prosecution and defence. Forensic scientists are essential in most
forms of criminal investigation as they enable any relevant forensic evidence
to be gathered and analysed. In a
terrorist attack any fingerprints that are identified and gathered can be ran
through a database and a match could potentially be identified. The findings gathered from the analysis of
the fingerprints would be officially documented/ recorded and shown to the
detectives, working on the case, who would then locate and detain the individual
if possible.
They
receive the evidence collected by the scene of crime officer (SOCO) ensuring
that each packaged piece of evidence has not been tampered with prior to its
examination. They would analyse each
piece of evidence using various techniques dependant on the evidence being
examined, for example; latent fingerprints discovered through superglue fuming
could be compared to a suspect/s or national database which could identify a
match, if no match is found they will be recorded and stored for analysis when
a suspect is apprehended which would prove or disprove their presence at the
crime scene. Blood found at the scene of
a crime will be analysed to provide a DNA profile which can then be compared to
the victim and that of the suspect/s in order to identify a possible
match. In murder cases the victim’s body
would be examined to locate and record any evidence upon it and any clothing
present at the crime scene which could be fibres, blood or marks that would
require analysis to determine their origin and possible link to a suspect/s.
In
the case of Aileen Wuornos evidence was collected and sent for analysis from
each of the victims vehicles.
Evidence
from the discovery of the victim’s body’s was also collected and analysed with
the exception of Peter Siems, whose body was never discovered.
All
the victims had been shot and the bullets recovered were sent for analysis by a
ballistics expert.
A
thumbprint on documentation of pawned items belonging to Richard Mallory on the
6th December 1989 at OK Pawn and Jewellery Inc by a Cammie March
Green was analysed and matched to Aileen Wuornos who had used the alias Cammie
March Green, making her a prime suspect in his murder.
Forensic Pathologist
It
is the responsibility of the forensic pathologist to ascertain the
circumstances surrounding an individual’s death. The forensic pathologist should identify the
following; the identity of the deceased, the type of injuries sustained by the
deceased, at what time the injuries were inflicted, what caused the injuries
and ultimately what was the main factor that led to the deceased’s death. The pathologist will ascertain if the victim
died from natural causes, such as; stroke, heart failure or asthma. In certain cases it may not be compulsory to
carry out an autopsy as the reason behind the death of an individual may
obvious to the forensic pathologist. An
example of an autopsy not being required would be an individual passing away
naturally because of a known medical condition, such as cancer. The evidence gathered by the forensic
pathologist will be officially documented/ recorded as it may be required for
use in the court. The forensic
pathologist involved in the particular criminal offence will inform the
detectives, working on the case, regarding the findings that they have
obtained. The forensic pathologist would
not be required to attend a crime involving a mugging but they would be
required to attend a scene where the circumstances of an individual’s death are
unclear, such as a body being located in a canal. The forensic pathologist would have the role
and responsibility of identifying the main factor that led to the deceased’s
death.
In
the case of Aileen Wuornos that pathologist/medical examiner would have
initially examined each of the victim’s external appearance, noting any
injuries or marks on the body. An
internal examination of each victim would reveal that they had been shot which
was the cause of death. The location of
each gunshot wound was recorded along with the damage it inflicted on the
victim’s body and subsequent cause of death.
The bullets lodged within each victim’s body were retrieved for
ballistic analysis.
The
accurate recording of the autopsy and subsequent report by the pathologist are
important evidence in any trial when a murder is suspected or known to have
taken place.
Forensic
Anthropologist
It
is the responsibility of the forensic anthropologist to attend the scene and
state that the bone/s do in fact belong to a human skeleton. The forensic anthropologist will also have
the role and responsibility of using their knowledge regarding the study of
bones to answer the following; do the bones belong to a male or a female, how old
the deceased was, the ethnic origin of the deceased and finally the damage
inflicted upon the bone/s. The forensic
anthropologist will be required, as a part of their role and responsibility, to
document/ record their findings. The
forensic anthropologist would play a vital part in the criminal investigation
regarding the identification and analysis of human bone/s and the results
obtained would be reported to the detectives working on the case. The service of a forensic anthropologist
would only be required when an investigation involving the identification and
analysis of bone/s is necessary.
Forensic anthropologists would, for example, be called to investigate
the presumed human remains present in a mass grave. They would determine if the remains were
human and if so when they died and how which would provide important
information for the police/detectives to use in their investigation. Facial reconstruction of a victims skull
could also provide police/detectives with their identity through media coverage
and recognition by a member of the family or public. The forensic anthropologist would use their
knowledge to answer questions as stated above.
In
the case of Aileen Wuornos a forensic anthropologist was not required as the
remains were badly decomposed but not fully skeletal remains.
Forensic
Entomologist
It
is the responsibility of the forensic entomologist to identify an approximate
time that the individual is said to have died by using their in depth knowledge
regarding the study of insects. The
forensic entomologist will have the role and responsibility of attending the
scene and identifying what insects are present and at what process the insects
are at in regards to growth. The
forensic entomologist will also collect samples of the insects for further
analysis at the forensic laboratory. The
forensic entomologist will be required, as part of their role and
responsibility, to document/ record their findings. The service of a forensic entomologist would
only be required when the events that led to an individual’s death cannot be
ascertained, such as in a criminal investigation involving a suspected
homicide. The forensic entomologist
would gather any insects on or located near to the body and analyse them and
report their findings to the detectives working on the criminal investigation
in order for them to have an approximate time that the individual has
died. The information reported to the
detectives is vital as it enables the alibi of suspects to be verified along
with other forms of evidence.
In
the case of Aileen Wuornos evidence from a forensic entomologist was collected
but not required as evidence in court as the time and cause of death of each of
the victims was established by the pathologist through the autopsy that was
carried out on each body, with the exception of Peter Siems whose body was
never discovered.
Ballistics Expert
The
role of the ballistics expert will be to carry out various forms of testing at
the ballistics laboratory in order to be able to; identify the particular make
of firearm that was used in an attack, match shell casings to a particular make
of firearm, ascertain the space between the victim and the individual using the
firearm and whether or not the injury that the victim has sustained has been
the result of the firearm in question due to matching the striations on a
bullet recovered from the scene and comparison tests with those test fired in
the ballistics laboratory. The
ballistics expert may also be required to match the wound that the individual
has sustained to a particular firearm.
The ballistics expert will use various forms of equipment that are an
essential part of identifying the answers required regarding firearms in a
criminal investigation, such as; the database or a comparison microscope. The role and responsibility of the ballistics
expert will be to identify the firearm make and model using various forms of
testing in the ballistics laboratory and also document/ record their findings
as they will be required for use in the court.
It is essential that the documentation/ recordings are accurate and detailed
as they will be questioned by the members of the prosecution team in court if
the case regards an attack on an individual using a firearm and the individual
on charge denies that they were involved.
The service of a ballistics expert would only be required in a criminal
investigation that involved the use of a firearm, therefore in a terrorist
attack that involved the use of firearms the ballistics expert may be called to
attend the scene. The ballistics expert
would have the role and responsibility of looking at the bullet holes found in
the walls of a bank following an armed robbery where a gun has been fired, for
example.
In
the case of Aileen Wuornos the ballistics expert received the bullets retrieved
from each of the discovered victim’s body’s.
They examined them in order to determine the calibre of the bullet, the
gun used to fire them and not the striations on each of the bullets.
When
each of the bullets was analysed and data compared it revealed that they had
all been fired by the same gun.
When
the gun disposed of by Wuornos was retrieved from Rose Bay and test fired it
was a match to all of the bullets retrieved from each of the discovered
victim’s body’s. This evidence would be
crucial to the police/detectives and subsequent court case at it proved that
the gun Aileen Wuornos had possessed and disposed of was definitively the
murder weapon.
Justice System
The
British Criminal Justice System consists of the Crown Prosecution Service (CPS),
Judge, attorneys for the prosecution and defence and solicitors for the victim
and suspect/s.
Judge
It
is the role and responsibility of the Judge at a trial to listen to the
evidence presented by both the prosecution and defence attorneys and to
instruct the jury (at a jury trial) before they begin their deliberations. To record the jury’s verdict and if the
accused is found guilty deliver a sentence that is both effective as a
deterrent to others and appropriate according to sentencing guidelines for the
crime committed. A Judge will preside
over many different trials, such as; murders, muggings, rapes, assaults,
robberies etc, and each of which will carry different sentencing guideline
tariffs. However the judge will also
consider what made the person/s commit the crime, if found guilty, which may
have an impact on the sentence given. If
found not guilty it is the Judge who discharges the accused.
Crown Prosecution Service (CPS)
It
is the role and responsibility of the Crown Prosecution Service (CPS) to
evaluate all of the evidence gathered on a suspect/s in a criminal case and
determine if the evidence is sufficient and from reliable source/s to charge
the suspect/s and present that evidence in a court of law. A prosecution attorney is then appointed to
prosecute the crowns case and defence attorney is appointed if the suspect is
unable to retain one privately.
It
is the Crown Prosecution Service (CPS) that decide if a suspect/s are to be
brought to trial for an alleged criminal offence, whether that is murder,
robbery, assault, rape etc. They make
their decision based on the evidence presented to them.
Prosecution/Defence Attorneys
The
prosecution attorney/defence attorney’s roles and responsibilities are to
present the evidence on behalf of the victim or the accused to the best of
their ability in order to obtain justice.
The evidence they present if based on facts and not their own personal
opinions.
Solicitors
It
is the role and responsibility of a solicitor who represents the victim (if
applicable) or the suspect/s to collect all the facts relevant to the case
which can be used as an argument that could win the case in court.
In
the case of Aileen Wuornos, following her arrest on the 9th January
1991 and subsequent interrogation, she was indicted for the murder of Richard
Mallory on the 28th January 1991.
Wuornos’s
trial began on the 14th January 1992 in Florida and was presided
over by Judge Uriel ‘Bunky’ Blount Jnr.
The defence attorneys for Wuornos were William Miller, Tricia Jenkins
and Billy Nolas and the prosecution attorney was John Tanner.
Following
the presentation of the prosecutions and defences cases the Judge charged the
jury on the 27th January 1992 to consider their verdict.
It
took the jury only 91 minutes to return their verdict. The foreperson of the jury, Pamela Mills, presented
the jury’s verdict to the bailiff who gave it in turn to the judge who having
read it passed it to the clerk to be read out to the court. “We the jury, find
Aileen Wuornos guilty of the premeditated felony murder in the first degree”. The jury also unanimously recommended that
the judge sentence her to death at the penalty stage of the trial on the 28th
January 1992.
The
judge sentenced Wuornos to death on the 31st January 1992 in the
courtroom.
Aileen
Wuornos did not stand trial for any of the other murders she committed. She
pleaded ‘no contest’ to the murders of Dick Humphreys, Troy Burress and David
Spears on the 31st March 1992.
Judge Thomas Sawaya delivered three further death sentences for these
murders on the 15th May 1992.
On
the 9th October 2002 Aileen Wuornos was executed by lethal injection
and pronounced dead at 9.47 a.m.
Although
Curtis ‘Corky’ Reid was believed to be a victim of Aileen Wuornos, she never
confessed to his killing and he later turned up alive.
The
American Justice System is based around the application of various criminal
investigative processes. These are governed by the ‘U.S. Constitution and Bill
of Rights, state constitutions, the U.S. Code, State Codes, court decisions,
federal rules of criminal procedure, and department and agency rules and
regulations. The Federal Rules of
Criminal Procedure, for example, govern the procedure in all criminal
proceedings in courts of the United States.’
The
following are the stages of the criminal justice process that would have been
applicable in the Aileen Wournos case:-
Investigation - The
arrest of a suspect/s is based upon the evidence gathered from a criminal
investigation.
Arrest - To
make an arrest in the American justice system ‘probable cause’ is required in
order to arrest and detain a suspect/s.
Prosecution - This
is based on the district attorney’s decision that the evidence gathered
supports the decision to prosecute the suspect/s.
Indictment - In
this stage probable cause needs to be shown in order for a suspect/s to be
indicted.
Arraignment - At
this stage of the process the defendant/s will appear in court in order to
enter a plea of either guilty or not guilty.
PretrialDetention(Bail
Hearing) - This stage is when the defendant/s can apply
for bail while awaiting trial subject to the defence and prosecution’s case.
Plea
Bargaining - This stage of the process may involve the
defendant/s admitting their crime with a plea of guilty in order to received a
lesser charge or sentence.
Trial/Adjudication
of guilt - This is when the prosecution and defence
present their cases before a judge and jury and await their decision. Guilt is
based on a case proved beyond a reasonable doubt.
Sentencing - If a
guilty verdict is given the judge will then decide on the appropriate
punishment for the crime the defendant/s has been convicted of and if a not
guilty verdict is given the judge will release the defendant/s.
Appeals -
These can be lodged by the defence and prosecution attorneys following
the verdict given at a trial.
Punishment/rehabilitation - This
is the final stage of this process and is governed by the local, state or the
federal correctional authorities. The
convicted person/s will serve their sentence, be paroled or pardoned during
this stage. However in certain cases the
final solution is the administration of the death penalty.
No comments:
Post a Comment