Tuesday, April 23, 2019

Judicial System and Application of Criminal Responsibility Essay

Judicial System and Application of Criminal Responsibility - Essay ExampleThe main reference of any judicial system is to mitigate shame, provide social control, and impose sanctions to violators of the law and to rehabilitates individuals who have profaned the law. Germany Criminal Justice system The Germany guilty justice system is one of the most elaborate systems in the world delinquent to the proper structure and the eloquent due process. The German police are the origin 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 register the crime and embark on thorough investigations. However, in early(a) cases, the police can conduct undercover investigation in order to detect criminal activities and crumple qualified testify for prosecution purposes. Additionally, when they find sufficient evidence, thus they hand over the case to the existence prosecutions officer who is has the mandate of prosecuting the suspect on behalf of the popular (Miller & Gaines, 2011). However, the prosecution must have a steep degree of specificity in order to move an individual according to the German laws. Additionally, the matter must be an offense against the public interest. However, when the nature of crime is minor and the prosecutor sees no ground of public prosecution, then the penal sanctions are applied that may include fines. The prosecutor can go ahead and prosecute an offender, when the crime is against the public and has sufficient evidence. However, the judicatorys 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 forward 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 harm 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 follow 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 specialized 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 cou rt may disregard the proceeding on grounds of insufficient 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 aim 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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