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. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue a warrant for his or her arrest. Once the criminal or civil trial has begun, the judge presides over the courtroom (Meyer & Grant, 2003). When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing.
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.
And with the help of Lawbreaker statement it would be easy to prove that Martin committed the crime along with the evidence. IV. Section III: Appointing Counsel A. Fact Pattern: After formal charges are filed against Slick Martin, he appears at arraignment. Judge Fletcher calls Slick’s case.
According to FindLaw.com, 2012, the Sixth Amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The Fifth Amendment declares that “no individuals shall be deprived of life liberty or property without due process of the law” (FindLaw.com, U.S. Constitution: Fifth Amendment, 2012). An individual who receives the obligation or privilege of a jury trial before a judge is exercising his or her Fifth and Sixth Amendment rights of the United States Constution. As mentioned earlier not every criminal case makes it to a jury trial. However, criminal defendants do receive his or her due process rights. These rights are handed down to the states from the Fourteenth Amendment of the United States Constution.
Week 1 Individual Work Criminal Evidence Judith Ramos The country that I chose to write about is Aruba. I believe all countries have different approaches in determining the truth in criminal proceedings. In the U.S. the legal lsystem is det up with judges; lawyers; juries; and prosecutors. What the purpose of the trials in court is to bring justice to the victims involved in the crime. We have to make sure that all evidence is brought to court; all witnesses are present; have all the necessary documents needed to prove a guilty or innocent verdict.
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.
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.
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.
The fate of another human being is in your hands. Now you have the jury. The jury sits there and hears everything that comes out of the case from both the defense and the prosecution and sums it all up. They then go and deliberate to see if they can come to a unanimous decision about whether the defendant is guilty or not. This can also have a moral dilemma involved.
A jury can be defined as a group of people (usually 12 in number) who have been selected to consider the issues of fact in a trail in a Court of Law, in order to make a finding as to an individual’s guilt or lack thereof to a standard which is either “beyond reasonable doubt” or “on the balance of probabilities”. In criminal cases, the jury system exists to decide if the defendant is guilty or not. In civil cases, they aim to decide if the claimant has proved their case and the amount of compensation to be awarded. It should be noted that in the United Kingdom a Judge usually presides over civil trials except where a jury is deemed necessary. BRIEF HISTORY OF THE JURY SYSTEM The system is believed to date as far back as Norman times and is thought to have been used as a means of gathering information for the king.