Once the prosecutor determines he or she will pursue charges, he or she must decide what charges to press according to the presented facts of the case. If a case is weak on evidence, the prosecuting attorney may offer a plea bargain to the offender, or negotiate one through the defense attorney, if the offender is willing to plead guilty (Schmalleger,
I also observed that it was the bench clerks role to use a microphone from the courtroom, that was linked to the waiting area of the court building, to call defendants into the court room as they were required for their hearing. The defendants’ legal agent worked with the prosecutors discussing the crime being alleged and the charges the defendant faced. At times the legal agent would talk in whispers to the defendant, however these whispers would be verbalised aloud to the prosecutor and to the Magistrate once the legal agent and defendant had agreed on 4. what had been said. The legal agent is the person who represents the defendant on a legal level in regards to any charges a defendant is facing. The legal agent presented background and personal information regarding the defendant to the Magistrate for consideration should the defendant be found
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.
They let them know if there is enough information and evidence to charge a suspect with the crime. They also determine what charges will be filed against the offender, interview witnesses, review search warrants, and subpoena witnesses. In preparation for trial should a plea bargain not be offered or accepted. When and if the case goes to trial, they represent the government in pretrial hearings and motion procedures, enter into plea-bargain negotiations with the defendant and his or her counsel. The prosecutor will try the actual case, make sentence recommendations, upon the defendant being found guilty, and represent the government in appellate court, should an appeal be filed.
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
Prosecution versus Defense Sherri Porter Introduction to Criminal Court System December 4, 2011 Stephen Slaughter Axia College of University of Phoenix Prosecution versus Defense Two very important roles in the criminal justice system are the defense and the prosecution. Holding the criminals accountable for their actions, and proving they were the ones who did it are the prosecutions responsibility. The defense is in charge of making sure the person accused of the criminal offense is proven innocent of the criminal act they are being charged for. The defense also makes sure the accused gets a speedy trial. The prosecution’s job starts the minute they are informed about the criminal act the person is being accused of.
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.
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.
What is a jury Trial A jury trial is when someone has been charged with criminal offenses but they also have that constitutional right to a trial by jury as well. The defendant also has the right to elect a bench trial and what this means is that the trial in which the judge decides the verdict so therefore the defendant can elect to have a jury tri.
331). During a trial, witnesses and evidence are presented by the prosecutor and the defense attorney (p. 334). After the witnesses and evidence are presented the prosecutor and the defense attorney provide closing arguments to the jury. Closing arguments are used to influence the juror’s verdict by providing a summation of facts. The prosecutors have the first and last arguments in a trial as they “carry the burden to prove the defendant’s guilt beyond a reasonable doubt” (p. 335).