When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing. If a guilty verdict is appealed, appellate judges are responsible for reviewing the case and determining whether there was any legal misconduct. Federal appellate judges are nominated and appointed by
The role of a prosecuting attorney is to review all evidence against a person or party and build a case against the person(s). A prosecutor is typically in charge of bringing criminal charges against a person(s) and presenting their evidence to a court to assure a conviction. They work directly for the district attorneys office of a jurisdiction and are responsible for presenting the state’s case against the defendant. The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are an affront to the public. 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.
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.
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.
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.
After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services). Then CPS could state whether it’s enough evidences gathered to take the person to court or it can state that there is not enough evidences. That where it comes to the bail. (www.findlaw.co.uk) The bail can be granted or denied it all depends what is the offence and whether the person can be dangerous if goes back to the society/community. If the person is arrested on suspicious of the murder that would be clearly obvious that the person wouldn’t get the bail, as that person could try to run away also could attempt more murders or even self-harmed.
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
A convenient way to conceive of philosophical arguments is to envision the arrangement of a Criminal or Civil Court. Who are the participants in the typical court situation? Of course there is always a judge with special training and authority to over see the rules for administering justice between the parties to the dispute. Who else? Well there is the prosecutor representing the jurisdiction whether City, State or Federal (or claimant who has filed a claim against a litigant who has done something for which the claimant seeks retribution) and the defendant who under some circumstances may act in his or her own defense but in all likelihood a licensed, practicing attorney who acts on behalf of his client(s).
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.
Booking the where information is taken and a record of the arrest created. Pretrial activities include four events. First appearance is here a suspect is given the charges against them and bail is set if made by judge. Preliminary hearing is to establish whether sufficient evidence exists against a person. The judge will look for probable cause.