At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
A criminal trial process usually starts after the individual has been arrested, or warrant charges have been filed between two to forty eight hours after arrest, the individual then has an informal arraignment. This is when the individual is made aware of his or her charges against them. Take into consideration if the individual has not been read their Miranda rights. At this stage the individual shall then be read those rights. Now if he or she has been mirandized they will again be made aware of their right to a lawyer.
Once defendant agrees, if he does, then the plea bargain is presented to a judge. If the judge accepts the plea barain and he speaks with the defendant to make sure he/she is making a “knowing and intelligent” plea, then the defendant will be sentenced. If the defendant or judge refuse to enter into a plea then the case is taken to trial. Prosecution Benefits One of the biggest benefits to the prosecution from a plea bargain is that it is an assured conviction. Also, plea bargains allow prosecuters to protect government informants, which most likely have criminal records.
Marty (Marthena) Clabaugh CJA/224 December 6, 2010 Dr. Beverly Spencer Courtroom Participation Paper The courtroom group consist of several participates the prosecutor, the attorney for the defendant, the defendant, the judge, the baliff, the court reporter, the witnesses, and the jurors. All these participates play important roles in the justice system drama. Each work with one another in accordance with the laws and jurisdiction of the court. The prosecutor is central to the justice drama in their part as the district attorney the review cases within their jurisdiction. District attorney’s process cases, determine whether police have made arrests which are procedural and follow the rules.
Criminal Justice System Paper CJA/204 Criminal Justice System Paper The criminal justice system is complex with all the different components and processes that make it up. The justice system is not perfect in how it handles every case when officials have their own self interests involved in the cases, but justice will prevail when the truth comes to light. There are three components that make up the criminal justice system and they are the police, courts, and corrections system [ (Schmallager, 2009) ]. The system begins with a crime or discovery of a crime. According to [ (Schmallager, 2009) ]”a crime is a violation of the criminal laws of a state, the federal government, or local jurisdiction, for which there is no acceptable legal justification or excuse”.
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is sufficient evidence for a ‘prima facie’ case. The prosecution is required to produce evidence and witnesses. The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace.
The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case. They also have to make sure they the correct evidence that is needed to pursue the case. Then they have to gather their evidence and witnesses. Review it, eliminate anything not strong enough for the case, gather evidence that proves in favor of the case, then they file motions. This is how the prosecutor determines which cases to pursue.
There are many crimes committed in the United States. Crime is overwhelmingly apparent that it is divided into categories. Those who commit crime go through various stages of the criminal justice process to determine if they are found guilty or innocent. The justice system has components to ensure everyone who commits a crime had fair treatment and given the same opportunities through the judicial system. The following paper will discuss crime, the criminal justice process, and the stages of the judicial system Crime encompasses a multitude of behaviors and is defined as “conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse