Going before a grand jury is favorable to the prosecutor because the jury only hears what the prosecutor has to say and will then deliberate whether the case should go to trial or not. Before a preliminary hearing ever occurs the prosecutor has to file a complaint within forty-eight hours following the defendant’s arrest. At the preliminary hearing, the hearing judge will seek to determine whether there is probable cause to believe that a crime has been committed and that the defendant committed it. All of the witnesses are brought to the court and the defense will cross examine the witnesses. During the hearing the defense will motion to suppress any evidence against them that could lead to a guilty plea.
Courtroom Standards Analysis July 30th, 2012 CJA/484 Criminal Justice Administration Capstone David Mailloux Courtroom Standards The courtroom is made up of individuals that are aware of the law to a point and that can make decisions on putting an accused offender away for a criminal act he or she has committed. These individuals consist of judges, attorneys, victims, the accused, and other courtroom personnel. This paper will go over each type of individual involved in a courtroom setting and his or her role. Judges and Witnesses Judges have many responsibilities such as interpreting the law, taking in evidence throughout the case; judges also determine how the hearing and trials unfold while in the courtroom. A judge has five basic tasks, first making sure that order is maintained throughout the courtroom and throughout the trial.
According to the Sixth Amendment of the United States Constitution it reads: “In all Criminal prosecutions, the accused shall enjoy the right to a speedy trial with an impartial jury of the State and district wherein the crimes shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in is favor, and to have counsel for his defense.” (The Sixth Amendment, 2008-2013, p. para 3) A criminal trial is a chance for both sides to present their case to the jurors---the prosecuting attorney maintains its case by proving the defendants “guilt,” while the defense
The Bill of Rights Introduction to Criminal Justice March 3, 2013 There are many legal rights that we have during a trial. This Bill of Rights provides certain rights to criminal defendants during trial. There are two aspects of the U.S. criminal justice system and they are the defendant is innocent until the prosecution can prove guilt beyond a reasonable doubt (NOLO: Law for All, 2013). Defendants have many other rights and here they will be discussed. The right to confront witnesses is stated that in the sixth amendment “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him.” They are allowed to participate in the accused’s trial process.
Prosecutorial Discretion Prosecutors play very important roles in the courtroom. Prosecutors are granted the right by the courts to have discretion upon a case. Although, prosecutors are obligated to execute the law at both federal and state levels, they still hold the discretion of what charges to try and convict the defendant on. Prosecutors have a wide range of authority in the courts; therefore, the active prosecutor(s) must efficiently analyze any evidence being presented in a case in order to determine if the case will be strong enough to withhold a trial or even if the accused defendant is chargeable. In the case of Bordenkircher v. Hayes (1978), the court stated, “so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” Although there are many factors that come into play when a prosecutor is considering dismissing a case, the most prominent issues are state and federal resources, time, and investigative teams.
After booking, the accused will have an initial appearance where right to counsel is applied and the defendant will be notified of why they are being detained. C. Depending on the type of crime being evaluated, temporary release or detainment is determined based on Eighth Amendment Rights. D. Thesis- All citizens, guilty and innocent, are guaranteed the right to fair and speedy trials when they enter the criminal process. II. Beginning The Trial Process A.
To draft a bill on a particular subject, the appropriate portion(s) of West Virginia law are combined with the proposed changes. After the draft legislation is prepared, the legislator reviews it and submits it for introduction to the clerk of the chamber of which he or she is a member. Prior to introduction, the clerk identifies each bill with a separate number. This number is used as a reference for the bill throughout the legislative session. After the bill is numbered, the President of the Senate or the Speaker of the House of Delegates assigns the bill to a committee or committees to be considered.
The examiners then meet with professors from the approved Virginia law schools to discuss the essay questions and answers proposed by the examiners. The law school representatives often suggest alternative approaches to answering some of the questions, which the examiners consider and adopt if appropriate. Following the meeting with the professors, the examiners reach a consensus on grading guidelines for each question. Then the examiners and the graders assign raw scores to the exam answers in accordance with the grading guidelines. The second part is the Multistate Bar Examination, compiled and graded under the supervision of the National Conference of Bar Examiners Office of Testing.
(Summons for Jury Duty)1 A mailed appointment card with guidelines and instructions is sent to the citizens a week prior to the selection date. This is to give the citizen’s time for things like employers notification, childcare and also to make them aware of the rules of the courthouse before arriving on the given date. Some of the rules of the Virginia Beach Courthouse are; appropriate business attire, arrive before nine o’clock in the morning, use the given jury parking area and items not permitted in the courthouse. The clerk of that court room will asks the potential jurors, to stand, hold up their right hand and swear or
After arrest, comes booking. Pictures, finger prints, and personal info are obtained. A record is created and, in some cases, DNA is collected from the suspect. Next, they go before a magistrate for their first appearance, where they are informed of their charges, rights, and bail. At the preliminary hearing, it is determined if there is probable cause.