Arkansas Crime Information Center . It is also designed to inform victims of services available to them throughout the state including shelter, cash assistance, counseling, and private support organizations. This guide is not intended as a legal reference or to provide legal advice, but as an aid to further understanding of the criminal justice system in Arkansas. TABLE OF CONTENTS. A Crime Victim's Guide to the Justice System in Arkansas. This guide provides an overview of the criminal justice system in Arkansas. It is intended to assist victims of crime in understanding the functions and responsibilities of criminal justice agencies. Arkansas offers a wide range of services, such as shelter, cash assistance, and counseling. The organizations that provide assistance to crime victims are listed, along with a brief description of each. This guide was produced by the Arkansas Crime Information Center. Although the material contained in this publication is believed to be accurate, readers should not rely exclusively on its contents. This guide is not intended as a legal reference and no warranty, expressed or implied, is made. It is not intended as legal advice or as a substitute for legal research. COMPONENTS OF THE CRIMINAL JUSTICE SYSTEMLaw Enforcement. When a crime occurs, law enforcement officers are normally the first to respond. These officers may need to provide protection and assistance to persons with physical injuries and/or emotional trauma. Emergency services, such as ambulances and fire department response teams, may be required. Depending on the size of the law enforcement agency, the first officer on the scene may not be the individual who completes the investigation. After the initial report is taken, a detective, or another officer with specialized skills, may be assigned to the case. Jurisdiction regarding law enforcement agencies' responsibilities, as they relate to a particular crime, can vary. Once the emergency needs of persons at the scene are met, officers then begin collecting evidence. What Is A Bifurcated Trial Process For A Homicide Of A ManWhat Is A Bifurcated Trial Process For A Homicide Detective LooksFrom the beginning, it is critically important to preserve and safeguard evidence. Therefore, officers may be required to prohibit public access. Many times property must be removed from the crime scene and taken to the crime lab for processing. Overthrowing a government takes an enormous amount of planning, strategy, and resources. Or, you know, just a gigantic set of balls. A Google ingyenes szolgáltatása azonnal lefordítja a szavakat, kifejezéseket és weboldalakat a magyar és 100 további nyelv kombinációjában. 12/12/15- UT: How the Monticello City Council allows their police chief, Kent Adair, as well as police dispatchers, to conspire against domestic violence victims.
Families of crime victims will be kept away from the scene until evidence is secured. In order to collect and document evidence of the crime, officers may ask many questions of the victim, family members, neighbors, witnesses, and potential witnesses. These conversations are often audio taped or video taped. This seemingly intrusive technique can prevent unnecessary, repetitive interviews of the witnesses. Follow- up investigations can be conducted days, weeks, months, and even years after the initial investigation. Officers may need to revisit the crime scene and talk to victims and witnesses previously interviewed. When a law enforcement agency makes an arrest, the arrested person may or may not be immediately jailed. In less serious crimes, an offender may only be issued a citation ordering that they appear in court on a certain date. In cases involving more serious crimes, a court hearing is necessary to decide whether the offender should be released pending trial, resulting in a bond or bail being posted and a release from custody, perhaps hours after the arrest. Law enforcement's role does not end with the arrest of the alleged offender. Working closely with prosecuting attorneys, law enforcement officers frequently testify at trials. Officers testify on the contents of the police report, evidence collected at the scene, and how the evidence was preserved for presentation in court. Some law enforcement agencies in Arkansas also operate victim assistance programs within their departments. Specialized victim assistance coordinators provide a wide range of services to victims of crime. These services are discussed in the . Most crimes in Arkansas are defined by the Arkansas Criminal Code. It is vital to understand that criminal cases are brought by the State, not the victim of the crime. The prosecutor has the sole authority to bring charges and they can be brought contrary to the victim's wishes. If the prosecutor decides to pursue the case, a document called an . One of the first appearances by a defendant in court is often referred to as . If the defendant pleads guilty or no contest, he or she will then be sentenced by the judge. A no contest plea has the same effect as a plea of guilty as far as the criminal sentence is concerned. If the defendant pleads not guilty, a trial date is set. The court also considers the amount of bail and other conditions of release, which permit the defendant to be out of jail until the trial. In Arkansas, every defendant is eligible for bail. Judges, however, are not required to set bail for defendants charged with capital murder where specific circumstances exist. The trial may be avoided if the defendant and the prosecutor agree to a negotiated plea. Agreements such as these save time, stress, and money. Also, taking a case to trial is always uncertain; there is no guarantee of a conviction at trial. It is important to recognize that a guilty plea is a conviction. Back to Top. Juvenile Justice. Arkansas has a separate court division for children who commit criminal acts. In the juvenile justice system, focus is placed on rehabilitation of the juvenile offender and victim restitution. The commission of some crimes, however, can expose a person age 1. If a person under the age of 1. When a prosecutor believes a juvenile has committed a crime, he or she may choose to file a . The delinquency petition summons the juvenile to an . If the allegations in a petition are found to be true, a juvenile is . If he or she is to be incarcerated before or after the hearing, the child is placed in . These children who commit acts that would be criminal if committed by an adult are referred to as juvenile delinquents. Under Arkansas' juvenile code, a delinquent juvenile is defined as a person age 1. If a juvenile is an adjudicated delinquent, there are several disposition alternatives available to the judge. The judge may require the juvenile to undergo counseling, place the juvenile on probation, or require him or her to perform community service. Other available options are the C- Step Program, detention, and transfer into the custody of the Division of Youth Services. The judge will decide the appropriate alternative. It is also important to note that juvenile delinquency proceedings usually are more private than adult criminal trials. Juvenile court records are not public records and are not subject to release under the Freedom of Information Act. The court proceedings and filings may also be closed and confidential. A crime victim and persons providing victim support, or a victim's representative, may be present unless the judge decides that that person's exclusion is necessary to preserve the confidentiality or fairness of a juvenile proceeding. Crime victims do not have the right to present victim impact statements, but some judges may allow them. Information regarding juveniles is not available through the Arkansas VINE Program unless the juvenile is charged as an adult. Back to Top. Courts. Under current law, there are four basic types of courts in Arkansas with authority to hear criminal cases. District courts hear misdemeanor cases, while Circuit courts can hear both misdemeanor and felony cases. The Arkansas Court of Appeals and the Arkansas Supreme Court have jurisdiction to hear criminal appeals. Under Arkansas law, defendants are entitled to a jury trial for criminal cases. The defendant, however, can waive his or her right to a jury trial. When the defendant waives the right to a jury trial, the judge alone decides whether the defendant is guilty and determines the punishment. The trial court judge is an impartial official who along with the jury hears the case. Based on the law, the judge decides what evidence can be presented to the jury. The judge also instructs the jury at the end of the presentation of evidence on how the jury should apply the law to the facts. Arkansas law requires that defendants have the opportunity to be represented by an attorney. If the defendant cannot afford to pay for an attorney, the court will appoint an attorney or public defender to represent the defendant. The defendant can, however, waive the right to an attorney and choose to represent himself or herself in the case. The defendant is not required to present any evidence at all, since he or she is innocent until proven guilty by the prosecution. The defense attorney may believe the prosecution has failed in proving its case and that it is not necessary to present his client's defense. Arkansas law provides for twelve members of the community to hear the case. When the trial begins, all the witnesses scheduled to testify in the case are removed from the courtroom until they are called to testify. This is so they will not hear other witnesses' testimony and be influenced. Whenever possible, separate waiting areas are provided for prosecution and defense witnesses. In order for the defendant to be convicted at trial, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime charged. The members of the jury hear the evidence and decide the defendant's guilt or innocence. The verdict must be unanimous in a jury trial. Arkansas uses a . This means that the . Generally, the jury is allowed to return only one of two verdicts: guilty or not guilty. If the verdict is . If the verdict is . Then, the sentencing phase of the trial begins. The sentencing phase is almost like another trial. Evidence of aggravating and mitigating circumstances that may not have been allowed during the guilt phase is now introduced. For additional definitions of legal terms used in the courtroom, refer to the Glossary section of this guide. Back to Top. Arkansas State Hospital.
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