Kayla Belue BA 316 March 1, 2012 Module 5 Are Defendants Really Innocent Until Proven Guilty? According to Gary F. Churak of the San Antonio criminal defense attorney offices, defendants are not innocent until proven guilty. In this time people forget that saying and believe just because someone is arrested than they committed that crime. This is why defense attorneys try to not let the media have a good look at this case in fear of persuading the jury. Also the defense will ask for a change of venue to help with juries with believing someone is innocent.
Analysis and Application: Legal Rights Afforded to the Accused William Geer Criminal Procedure January 8, 2013 There are several steps that police officers have to take when arresting a person and it is very crucial the police officers obey the steps because it could cause them to lose to a criminal. The Miranda rights which tells a person their rights was not started until 1966. Many people did not know that they could have a lawyer present when being asked questions. John Doe is a person that is being charged with a crime. I am going to discuss the grand jury and how they work, what the judge may do and what the officers are required to do.
During the preliminary hearing, a magistrate will determine if a crime had been committed, if the crime committed occurred in the court’s jurisdiction, and if there is probable cause to believe the person committed the crime(s). If the magistrate does not find probable cause then the case will be dismissed. After the facts are heard from both the persecution and defense, the magistrate determines if the person will be allowed to leave the court on his own recognizance or if the subject will be held in custody until the arraignment. The defendant makes their first appearance in the courtroom during the arraignment. In this process, the defendant enters their plea of either guilty, not guilty, or no contest.
When the officers are notified that the defendants have been arrested, the investigation begins. The officer who is arresting will then place a call to the pre-trial service office with information about the defendant, and the circumstances about the arrest. Officers then interview the defendant. These interviews are done to determine the source of support for the defendant, activities, living style, and working situation. Also, during this interview, a criminal history check is done.
Consent to Search Sondra Silverberg Criminal Evidence Prof. Alana DeGarmo Date The Fourth Amendment protects people from police searches unless they consent to the search. In many cases, suspects consent to a search because they are not aware of the fact that they can refuse to consent. However, it is easier for a police officer if the person consents to the search. Without the consent, the officer has to prove that the search was necessary. The court will also contemplate other justifying circumstances.
D. Arrested Charges could be filed against the youth once it reaches juvenile court. The youth can also be arrested with probable cause. The officer arrest the youth and take them into custody. Formal charges is also known as petitioning the court. II.
The criminal justice process begins when an officer informs a person that they are under arrest. An arrest is when a person is taken into police custody, and is no longer free to move about as they please. Handcuffs and physical restraint are not necessarily used, but as a precaution, officers usually utilize handcuff’s to prevent the escape of a suspect. The key to an arrest is the ability of officers to exercise authority over an individual, and that person’s submission whether voluntary or involuntary. An arrest is called a custodial arrest and defined as an officer taking into custody a person pending criminal charges, and the individual’s right of locomotion is restricted.
Since the husband is there at the scene and has not defended his self from when she said he is the abuser. The wife can make a citizen arrested on her husband or the officer can make the arrest. The husband should be arrested immediate because the proof is there and his silence answer the abuse questions itself (Hess Orithmann, C. and Hess, K.M., 2013, p 310). What are the legal requirements that the police officers have to consider and follow? The legal requirements that they have to follow are based on the evidence that is present looking into the physical signs of the aggressors.
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
Now if he or she has been mirandized they will again be made aware of their right to a lawyer. Normally, if the charge is not one of Murder then a bail amount should or shall be set forth. Now if a charge being murder is sought, bail can be given, but only at a judge’s discretionary ruling. After the judge’s decision,