There are 4 reasons why bail could be refused; if they believe the defendant will commit an offence while on bail, if they would interfere with any witnesses or the course of justice, if they need protection from anyone, and if they would surrender to bail. There are also factors to consider when granting bail such as; the seriousness and nature of the crime committed, the strength of the evidence against the person, the antecedents-family or social background and their previous bail record. The court and the police can impose conditions on bail and this is known as conditional bail. They have the power to impose a curfew - specified hours you are allowed, a report - to report to the police station regularly, reside - living at a certain address, surrender a passport and finally a
Justification and excuse will be described as well as the outcome of each case. Types of Defense A defense consists of evidence and arguments offered by a defendant and his or her attorney to show why a person should not be held liable for a criminal charge. There are two types of defenses, factual and legal. Factual defense is when an individual insist he or she did not do it. Legal defenses can have a signification effect on disposition of the case.
Therefore, by having sufficient evidence this would be enough to convict a criminal in the court of law. Crime control is based on handling crimes that occur with a quick and effective outcome. For example if the prosecutor does not have strong evidence to receive a conviction there is a slight chance the offender’s case will get dismissed. Therefore, emphasizing the capacity to arrest, and convict a high proportion of offenders in other words put the criminal in jail first and question later. However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution.
Depending on the crime: misdemeanor, felony, or petty offense; punishment is rendered after a conviction is determined. Mitigation by the defense attorney occurs prior to sentencing. According to The Law Offices of Patrick Maher (n.d.), “after a guilty finding, the judge gives the attorney an opportunity to speak on behalf of the client. This is called mitigation, defined as “to make less severe.” This is a very important part of the process and can have a dramatic impact on the judge’s decision.” The crime and circumstance dictates punishment and sentencing. Punishment can include probation, imprisonment, community service, and fines.
The accused are innocent until proven guilty and cannot be found guilty unless the prosecution can prove beyond reasonable doubt that the accused did in fact commit the crime or crimes that he or she is being accused of. The accused have the right to remain silent, the right to an attorney and if they cannot afford it one will be provided for them, they have the right to a trial by jury and the right to confront witnesses against them, and the right to bail bond unless they are charged with murder or the court determines them a flight risk. The accused also have the right against self-incrimination meaning that a person cannot be forced to be a witness against himself. Rule seven of the Federal Rules of Criminal Procedure states that the accused must have a plain, concise, and definite written statement of the facts constituting the offense they are being charged with. The accused have the right to counsel which means that under the sixth amendment the accused has the right to representation by an attorney.
A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty. They ensure that the defendant’s side of the story is heard, counteracts overcharging by the prosecution, and to supply their client with the best defense possible including: “providing legal counsel to client, arguing for legal innocence (not necessarily factual innocence), searching out violations of the defendant’s rights, and arguing for reduced penalties in some cases” (Meyer & Grant, p. 144). A prosecutor is paid by the state and cannot be hired, like a defense attorney, by an individual. They are hired by the public to punish those who commit crimes, in order to
The third kind of plea bargaining is fact bargaining. With fact bargaining, a defendant admits to some facts so that other facts will not be introduced in court that could incriminate them even more. While plea bargaining may be sufficient enough for the defendant and the prosecutor, that may not necessarily be the case if there were other parties involved. For instance, for murder
The defendant enters a plea 1. Guilty- admission of allegations 2. Not guilty- defendant denies committing the crime 3. No contest- same as guilty but may not be used against defendant in later litigations C. The trial goes to jury IV. Selecting an Impartial Judge A.
I am going to choose the fifth amendment of the constitution of the U.S., because it is used quit often by criminals. The way the Fifth Amendment works; when people are arrested by any law enforcement agency for any crime committed, they have the right to remain silent when interrogated by the detectives, because any statement made can be used as evidence against them, and during the interrogation it is recommended to have an attorney present and if you can’t afford an attorney, the court will appoint one to make sure that the suspects rights are not being violated (Mallor, J., 2013, p. 153).The Fifth Amendment pretty much protects people against compelled testimonial self-incrimination by establishing that no person will be forced to make a statement against himself (Mallor, J., 2013,
While on probation there are rules you will have to follow so you don’t violate your probation and end up in prison. Some of the rules are checking in with you PO, rehab programs if your case was drug related, and maybe community service. Some offenders can be released early on parole, and are also superviesed but by a Parole Officer. “Parole is designed to give the prisoner a chance to readjust and to expedite the process of rehabilitation.” (Free Dictionary) A parolee has to also check in with his Parole Officer and tell him of any travel plans ,adress changes and they are not suppose to be around any illegal activity. Just like probation if you violate your parole you can return to