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
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. A this time the defendant can waive his appearance for the arraignment if signed by both the defendant and the counsel. The written waiver is signed by both affirming that the defendant received a copy of the indictment stating the plea is not guilty, and the court has to accept the signed
Bail and Powers of Arrest In this part of assignment I will write about the police powers to grand bail, as well I will assess why the police have the powers to grand bail and at the end I will evaluate the police powers of arrest, warrant, detention and search. Bail is the term used when the person is under suspicion or has been charged with a criminal offence but is released from the custody until he or she next appears in court or police station. Once the person did any kind of offence, police have the power to arrest the person and take it in to the custody. Once the person into the custody, he or she will be taken to the questioner by the police officer or investigator. 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).
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.
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
The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace. In a large number of very minor offences (such as parking or speeding offences) the first step is the infringement notice. A person may receive a summons, an order to attend court, specifying the alleged offence. It may be served in person or through the mail. An alleged offender may be arrested, charged and fingerprinted.
Assess the role discretion plays in the sentencing and punishment of offenders. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Discretion involves the power of Judges and magistrates to determine the most appropriate sentence for a case. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role discretion plays or alternatively doesn’t play in the sentencing and punishment of offenders.
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.
An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction (Nolo, 2014). An appeal is not are retrial. In juvenile court juveniles must wait until their case has concluded in adult court before they can appeal the fact they were transferred there in the first place. In adult cases they can have a retrial with a different jury to see if they get a better sentence.
The second task is to determine if the evidence presented by the defense is legal and proper. The third task for the judge is to gives the jury instructions about the law as it applies to the case they are hearing and the rules they must use to decide the outcome of the case (Federal Courts and what they do). The fourth duty of the judge is to hold