Going before a grand jury is favorable to the prosecutor because the jury only hears what the prosecutor has to say and will then deliberate whether the case should go to trial or not. Before a preliminary hearing ever occurs the prosecutor has to file a complaint within forty-eight hours following the defendant’s arrest. At the preliminary hearing, the hearing judge will seek to determine whether there is probable cause to believe that a crime has been committed and that the defendant committed it. All of the witnesses are brought to the court and the defense will cross examine the witnesses. During the hearing the defense will motion to suppress any evidence against them that could lead to a guilty plea.
The fifth task is to sentence convicted criminals. When a judge sentences a convicted criminal it can be from a fine, community service, restoration, or a prison sentence. Punishment is given to fit the type of crime the criminal has committed. Many criminal cases and almost all civil cases are heard by a judge without a jury present (Role of the Judge and Other Courtroom Participants, n.d.). Witnesses are present in the courtroom to give testimonies about facts pertaining to the case.
There is a lengthy process through the Criminal Justice system for a criminal case. Starts with an investigation and can end with parole or probation. Some cases can take months and maybe even years depending on the seriousness of the crime. The first process of a criminal case is the investigation, once a crime has been reported; officer’s show up to take information from the victim. After the officers have the information they need “evidence is collected, if possible.” If the suspect is still on the scene they are arrested and brought to booking.
Catching up with the text, investigation is the first step. Evidence is gathered and suspects are identified and the sequences of events are reconstructed. Next, an arrest warrant is issued by a judge. An arrest is made, during which defendant is advised of their “Miranda” rights. After arrest, comes booking.
Courtroom Discretion Q&A Response Misty Moore, Victoria Hardin and Elizabeth Ortiz CJA/224 September 19, 2011 Rick Rice Courtroom Discretion Q&A Response What is prosecutorial discretion? When a crime happens evidence is gathered, witnesses are found and a case file is established all the information. Due to an overabundance of case files, prosecutors review each file and which will be brought to trial. When there is enough evidence to convince the prosecutor the person suspected of committing the crime is guilty without a reasonable doubt, he or she will pursue the case to trial. Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them.
If the criminal is charged and tried for murder, but found innocent, then he or she cannot be charged with a reduced offense for the same crime, such as a serious assault. This is called double jeopardy. The Fifth Amendment promises that no one will be made to incriminate him or herself. When someone says they are pleading the fifth, it means they are refusing to answer the questions because he or she would incriminate himself or herself. No person has to incriminate themselves.
In this case the judge would be handling this situation out of spit, because he would be ready to leave and not continue his work, which is very unprofessional. Taking kickbacks from private juvenile detention facilities for locking more juveniles up on questionable charges I believe this is unethical, because this is just a simple form of bribery and is very much known in the Criminal Justice field. Taking a kickback for more juveniles would be unethical because it would be ruining young adults lives by locking them up for their own personal gain. Banning one of the defense attorneys in a case from speaking during the trial I believe that this is unethical, because this will cripple the individual who is trying to win a case especially if they are not guilty of the crime that they are being accused of. Suggesting to persons appearing before him to contribute to certain charities in lieu of paying
With the information it is formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. The indictment it is a formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony. After you have the indictment sometimes you go in front of the grand jury. Then you go for your arraignment it is the first appearance of the defendant before the court that has the authority to conduct a trial. A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.
Once the perpetrator of the law has been booked the court starts its process with the first appearance, this is where within a few hours (usually within 24 hours) of being arrested and booked, the suspect are brought before a magistrate (judicial official or judge) for their first appearance. The judge will again tell them the charges for which they were given, tell them their rights and on occasion depending on how serious the crime was, an offer for bail or money or property pledged or given to the court, for release of legal custody. If they cannot post bail, then they will move onto the preliminary hearing where the evidence of the crime will be presented. The judge will look for probable cause that a crime has been committed and if the suspect committed it. This hearing also allows the prosecutor the chance to assess the strength of the evidence and the defense to council to assess the strength of the prosecution’s case.
Pretrial Defense Motions By: Rebecca Taylor Pretrial hearings take place after a defendant has had a preliminary hearing or a grand jury indictment. A defense attorney uses pretrial hearings to set boundaries on the prosecution during the trial stage. What evidence can be used, the types of arguments that can be made, and what witnesses may appear to testify ends up being based on what pretrial motions are made and whether they are permitted or rejected. There are a multitude of motions that a defense attorney may file, and a couple possible motions that a defense might propose during pretrial hearings are motions to suppress, motions in limine, and discovery of evidence. Motions to Suppress The most commonly used defense motion