Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue a warrant for his or her arrest. Once the criminal or civil trial has begun, the judge presides over the courtroom (Meyer & Grant, 2003). When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing.
Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty. A this time the defendant can waive his appearance for the arraignment if signed by both the defendant and the counsel. The written waiver is signed by both affirming that the defendant received a copy of the indictment stating the plea is not guilty, and the court has to accept the signed
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
1 Final Exam Essays Katherine Keeler Kaplan University PA260-01 Unit 9 May 22, 2012 2 Distinguish between the detention of an individual and the arrest of an individual. What is “stop and frisk” and what is the landmark ruling of the U.S. Supreme Court case that first set forth the law relating to stop and frisks. Sum up the Court's holding in this case. Dentention The detention of an individual occurs when police officers stop a person they believe have been involved in or will commit a crime. The person will be asked to identify themselves and to tell the officer about their presence and activity in a certain area.
Bail and Powers of Arrest In this part of assignment I will write about the police powers to grand bail, as well I will assess why the police have the powers to grand bail and at the end I will evaluate the police powers of arrest, warrant, detention and search. Bail is the term used when the person is under suspicion or has been charged with a criminal offence but is released from the custody until he or she next appears in court or police station. Once the person did any kind of offence, police have the power to arrest the person and take it in to the custody. Once the person into the custody, he or she will be taken to the questioner by the police officer or investigator. After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services).
Case Analysis Assignment-The Trial of Orenthal J. Simpson April 7th, 2013 Fundamentally, the burden of proof falls on the prosecution and means that they are required to present evidence during a trial that must prove beyond the shadow of a doubt that the defendant did in fact commit the crime they are being charged with. The burden of proof entails that the prosecution present evidence that is accurate of the guilt of the defendant and in addition persuade the jury that the evidence presented establishes that guilt beyond a reasonable doubt. The Latin meaning of prima facie is first look. It refers to criminal prosecution wherein the evidence previous to the trial is satisfactory to prove a case except there is significant ambiguous evidence given at the trial. Subsequent to the prosecution putting on the total of its evidence, the defense attorney will customarily ask for a dismissal of the charges due to lack of sufficient evidence.
The defendant is first asked whether he pleads guilty or not guilty. If guilty then the defendant has no right to ask for the case to be heard at a Magistrates court. However magistrates may decide to send the defendant to the crown court for their sentence. 6. When are mode of trial proceedings conducted and which factors should magistrates consider under s.19 Magistrates Court Act 1980?
A criminal trial process usually starts after the individual has been arrested, or warrant charges have been filed between two to forty eight hours after arrest, the individual then has an informal arraignment. This is when the individual is made aware of his or her charges against them. Take into consideration if the individual has not been read their Miranda rights. At this stage the individual shall then be read those rights. Now if he or she has been mirandized they will again be made aware of their right to a lawyer.
Plea bargaining exist for juvenile and adult offenders. A trial in juvenile court is different from trial in an adult court. A plea bargain is an agreement between the prosecution and the defense by which the defendant agrees to plead guilty for certain considerations, such as a lenient sentence. They both have this process in courts. In juvenile court a plea bargain hinges on a juvenile's compliance with certain conditions.
The Sixth amendment protects the accused upon the case against him. The Right to Counsel is given to everyone and this constitutional mandate adheres to the constitution. An accused may choose his own if his means permit him to do so. If not, however, and it is upon the court to appoint who shall represent him, the accused has no say of who will be appointed for him since what is contemplated by law is the essence of a competent lawyer’s presence. The right of self-representation may, of course, be opted upon refusal to receive the services of the one appointed by the court, but it shall still be in conformity with the set guidelines for the same right (Tomkovicz,