Monday, June 10, 2019
Judicial System and Application of Criminal Responsibility Essay
Judicial System and Application of Criminal Responsibility - Essay ExampleThe primary(prenominal) role of any judicial system is to mitigate crime, provide social control, and impose sanctions to violators of the law and to rehabilitates soulfulnesss who have violated the law. Germany Criminal Justice system The Germany flagitious justice system is one of the most elaborate systems in the world due to the proper structure and the eloquent due process. The German police argon the first line contact with crimes happening on the ground. Additionally, their main mandate is to detect, conduct investigations and arrest lawbreakers. After the police have made an arrest, they proceed to testify the crime and embark on thorough investigations. However, in other cases, the police can conduct undercover investigation in order to detect wrong activities and gather sufficient evidence for prosecution purposes. Additionally, when they find sufficient evidence, then they hand over the case to the public prosecutions officer who is has the mandate of prosecuting the suspect on behalf of the public (Miller & Gaines, 2011). However, the prosecution moldiness have a high degree of specificity in order to prosecute an individual according to the German laws. Additionally, the matter must be an offense against the public interest. However, when the spirit of crime is minor and the prosecutor sees no ground of public prosecution, then the penal sanctions are applied that whitethorn include fines. The prosecutor can go ahead and prosecute an offender, when the crime is against the public and has sufficient evidence. However, the courts will commence proceedings after thoroughly examining the charges, the nature of crime and the degree of seriousness (Hess, Orthmann & Cho, 2012). When an individual commits a crime for instance robbery, the police conduct an intensive investigation regarding the crime before they register it and forrad it to the public prosecutions officer who t hen evaluates the case against the evidence in order to forward it to court for proceedings to commence. However, the crime must cause significant defile to the public for instance robbery causes harm to the victims. When the public prosecutor forwards the case to court, the court examines the case against the evidence that the public prosecutions officer puts forward in order to establish grounds for commencing proceedings otherwise without sufficient evidence and legal grounds the court throws out the case (Cole & Smith, 2008). The public prosecutor has to adhere the due process model to the letter in order to achieve successful prosecution. The first court that majorly deals with criminal cases has one professional judge alter in criminal cases and two other lay judges. Similarly, a higher court consists of three professional judges and two other lay judges. When an individual is arraigned in court with charges of robbery, then the case may take two major directions, they cour t may terminate the proceeding on grounds of wanting(p) evidence or the case may proceed if the court establishes grounds for the case. At this point, the defendant may be sentenced to imprisonment if found guilty. The main project of the German Judicial process is to reform the individual, protect the public from such criminal offences that the individual may commit. Additionally, the
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