Sentencing is the form of punishment the defendant will receive after being convicted of the crime. If the defendant pleads not guilty then they would receive a trial before a jury. During the trial the facts and
Trials will always originate in the trial courts even though sometimes trials maybe referred to as courts of original jurisdiction. A case can move from a trial to appellate court, these two levels of courts form a hierarchical jurisdiction. The trial courts hear trails as well as have witnesses and evidence presented. Trial courts is where individuals are determined to be guilty or innocent and sentences are handed to those found guilty. There are two subdivisions of trial courts which have limited jurisdictions as well as general jurisdictions.
In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
With having standard and true authority in the presiding of civil and criminal cases, such as, juvenile issues, estates administration and probate, divorce and domestic relations, care of the mentally ill and small claims, to name a few. There are 31 separate judicial districts within the state, having 163 presiding judges combined. Allowing each county to have its own district court, although the number of presiding judges will differ from one district to another. A point of interest is that if a person is found guilty of an offense in a municipal court, they may appeal that decision to the district court within their
Along with arrests, the aspect of reasonable suspicion was covered. An arrest Landmark case was U.S. vs. Mendehall 1980. It asks, was the suspect “free to leave” or was the person under arrest. The courts also had a test for this. Interrogations were also impacted by Landmark cases.
National Conference of Commissioners on Uniform State Laws (NCCUSL), is a commission formed in 1892 and is comprised of state appointed lawyers, judges, legislators and legislative staff, and law professors from across the country for the purpose of standardizing laws in an effort to assist in the conduct of transactions and proceedings in other states and reduce the need for knowledge of different laws in each state as individuals and businesses move about the country and as they deal across state boundaries. In the appointing of members from varied positions and localities across the country and its possessions, a
-The local court has two jurisdictions in which it hears matters: 1. Criminal Jurisdiction . All summary offences. Less serious crimes, such as drink driving and shoplifting. The magistrate deals with these matters determining guilt and issuing punishment.
According to the Legal Resource Library, “The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.” Plea bargaining requires the defendant to waive three rights that he/she is normally protected by until the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront hostile witnesses. (Cornell.edu) Some people may try to argue that plea bargaining in unconstitutional, however, this argument has been repeatedly overruled by the Supreme Court. There are a lot of controversial issues surrounding plea bargaining, and victims’ rights groups are arguing that the victim should have inputs and a voice into the bargain that is being established between the prosecutor and the defendant. Victim rights activists also feel that defendants undermine the criminal justice system in its entirety and defendants are let off too
The prosecution and the defense both play very important roles in the criminal justice system. The prosecution is responsible holding criminals accountable for their actions. Whereas the defense is responsible for ensuring the defendant gets a fair and speedy trial. The prosecution investigates violations and works with law enforcement officers during the investigation. They let them know if there is enough information and evidence to charge a suspect with the crime.
Juvenile Crime Juvenile Crime Though there is but one court system itself, there are significant differences between juvenile court and adult court. The biggest differences are the leniency of the courts and the rights of the suspect. In an adult court, criminals are tried for crimes they commit while juveniles are only tried for acts of delinquency, unless the crime is especially severe, in which case the juvenile may be tried as an adult. Juveniles are also denied the right to a jury at trial. Instead, the judge hears all evidence for the case and then rules whether or not the juvenile is a delinquent.