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School
Walden University **We aren't endorsed by this school
Course
NURS 6050
Subject
Law
Date
Oct 29, 2023
Pages
8
Uploaded by PrivateProtonCobra38 on coursehero.com
Student ID Number: School: SCHOOL OF LAW Department: DEPARTMENT OF CRIMINOLOGY Module Title: CRIMINAL JUSTICE PROCESS Module Code: LALA145S4 Credit Value: 30
PART A: SHORT ANSWER QUESTIONS Determinate, maximum and suspended sentences A determinate sentence is the situation where the courts give the maximum prison sentence that the individual can serve. For example, if the offender is supposed to serve five years for a crime, this will be the determinate sentence that they can serve in prison. However, as a determinate sentence, it is the maximum limit but it is not a must for the offender to finish this term. He/she can be released early if one meets a number of requirements in prison. They can serve half of the remaining years while under supervision during which they have to meet certain conditions, for instance, not breaking the law again. If they do so, they will go back to be punished for the same. When it comes to maximum sentence, it also means the highest amount of years that the offender can face in prison. However, this does not mean that they will necessarily be sentenced for these years. The judge can decide to give the maximum sentence or reduce the sentence depending on how the case was argued. For instance, the maximum sentence for an either-way offence is a fine and/or spending six months in prison. The judge can hand down these or choose to give a lesser amount. Thirdly, the suspended sentence is that which the judge hands down to the offender but the offender does not have to go to prison. They will be considered under probation for this duration. For instance, if the deferred sentence is for six months, the individual will be given probation where they need to fulfil a number of conditions, for instance, not breaking any law. When they do this for the six months sentencing period, then the person will have served the sentence. If not, then they will be taken into custody.
Vulnerable witnesses (or complainants) and how they are protected in the Criminal Justice Process Vulnerable witnesses or complainants are those who have been traumatized by the circumstances surrounding the offense. They can be physically or mentally harmed from the events. Also, it can include any individual that is sensitive, for instance, a juvenile or child (Bates, 2014). There are also witnesses that are endangered by being a participant of the proceedings due to intimidation, threats, or any other such action. A vulnerable witness will have to be protected by the courts accordingly. However, witnesses have to consent to any arrangement. One of the arrangements is to give the individual access to social or psychological professional help. The courts will direct a professional body to offer these services and will notify the body of the status of the witness as far as hearings or examination is concerned (Bates, 2014). Secondly, the judge can watch over the manner of presentation or examination of the witness to protect them from confusion or harassment. For instance, the courts may pose the questions directly to the individual instead of the defense attorney or the parties involved. Another consideration is to use technical means that will transfer sound or image to the witness not in the same room. This will protect the witness from physically being in the same room with the offender, for instance, to avoid further trauma. Another consideration is to remove the accused from the courtroom after the defense attorney or the other party has been heard. The testimony can then be recorded and given to the accused to watch later. There is also a time when the testimony of the vulnerable individual can be protected from the public to ensure that the individual or their family are not exposed to personal dangers by giving the evidence (Bates, 2014). There are many other considerations that can be included. Advantages and disadvantages of the Victim Impact Statement
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