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 courtroom workgroup consists of the participants that work for the court. The Courtroom Work Group is a group that is comprised of the Judge, Prosecutor, Defense Attorneys, Claimants and Defendants. The roles of the individuals in the Courtroom Work Group are to work together to successfully prosecute criminal cases. This group interacts on a daily basis with all having a mutual goal in mind of production to close the case and put the guilty parties away. In Courtroom Work Groups the defendant are already presumed to be guilty and the rest of the group work together to come to an agreement on the sentencing rather than to actually serve justice.
Working with a new group of people was scary at first but everything worked out accordingly. The sheriff explained to me that potential jurors are chosen from a jury pool generated by random selection of citizens' names from lists of registered voters, or combined lists of voters and people with driver’s licenses, in the judicial district. The potential jurors complete questionnaires to help determine whether they are qualified to serve on a jury. After reviewing the questionnaires, the court randomly selects individuals to be summoned to appear for jury duty. These selection methods help ensure that jurors represent a cross section of the community, without regard to race, gender, national origin, age or political affiliation.
Meaning if you don’t have a lawyer then the government shall appoint one to represent you or pay your legal expenses to find one. (Wiki, 2012) the sixth amendment allows several options such as Choice of counsel, Appointment of counsel, Conflict-free counsel, Ineffective assistance of counsel and Pro Se representation. (Wiki, 2012) the right to counsel applies all through the criminal process. State courts must provide counsel at trial to indigent defendants who face even the possibilities of incarceration-and who are charge with any type of crime not just a felony. (Siegel & Worrall, 2010) all defendants have their right to their own counsel and even represent themselves then they waive their right to have an attorney.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
Courtroom Standards Analysis July 30th, 2012 CJA/484 Criminal Justice Administration Capstone David Mailloux Courtroom Standards The courtroom is made up of individuals that are aware of the law to a point and that can make decisions on putting an accused offender away for a criminal act he or she has committed. These individuals consist of judges, attorneys, victims, the accused, and other courtroom personnel. This paper will go over each type of individual involved in a courtroom setting and his or her role. Judges and Witnesses Judges have many responsibilities such as interpreting the law, taking in evidence throughout the case; judges also determine how the hearing and trials unfold while in the courtroom. A judge has five basic tasks, first making sure that order is maintained throughout the courtroom and throughout the trial.
Courtroom Players The workgroup is to be consider an informal arrangement between a prosecutor, defense attorney, and the judicial officer. The way that the courtroom work group interacts on a daily basis is by sharing information and working towards the same goal. The prosecutor roles are too represents the government or the community in a criminal trial. They are to seek justice above getting a conviction. The prosecutor decides to pursue the case on the grounds of the evidence and the quality of it.
Thus, as this happens, it would be right for punishment as this is believed to wrong. In the United State’s Court Systems, the conventional method is for jurors as “evaluator of fact” and judges as the interpreter of the law and the instructor of the jury with regards to the application of the law. In an instance wherein the jury replaces its personal interpretation of the law and ignores the law fully to come up with a verdict, this results to jury nullification. In the courts, the commonly established perception of jury nullification is when a juror acknowledges power but has no right to nullify the law. Jury nullification is frequently practiced, but rarely occurs, in criminal trials and theoretically applicable to civil trials too – where it is focus to civil procedural solutions.
Also in a preliminary hearing, it is the judge who decides whether there is enough probable cause for a case to continue. A judge can dismiss a case if they feel that there is not enough probable cause. In the end though, the prosecutor could override the judge and still prosecute the case. Grand jury proceedings are only conducted by the grand jury. The grand jury consists of about eighteen people who review cases that are to be presented.
Jim Beam 6/4/12 Government Final Period 9 How a Bill Becomes a Law A bill starts out as an idea for a new law. The idea is to change or do away with an existing law. There are hundreds of bills enter the legislative process in West Virginia each time the Legislature meets. Two of the groups that elected citizens are 34 senators and 100 delegates that study, discuss and vote on bills, and in doing so act for the people of West Virginia. Bills that enter the legislative process either through the House of Delegates or the Senate.