I observed the police prosecutors consulting the defendants’ legal agent on many occasions discussing alternatives to a prison sentence and what the prosecutors felt was fair in way of punishment for this defendant. The bench clerk is the person appointed to assist the Magistrate in the court
Their main role outside the court is to undertake training by visiting prisons and the local community but they also have the power to issue search or arrest warrants and to interview or hold a suspect. Most of their roles are inside the actual Court this is where the trial takes place. All trials start in the Magistrates Court but can either stay there or be sent to the Crown Court – Lay Magistrates generally make this decision. If the defendant has committed a summary offense (traffic offences, assault), they are kept at the Magistrates Court where they are tried, however if the defendant has committed a indictable offence (murder, rape) they are sent to the Crown Court straight away where they will be tried. If the defendant has committed an either-way offence (s47 abh, theft) it can be up to the defendant which court to be tried in, or if the Magistrates believe it’s too serious for them to deal with, they will send them to the Crown Court.
Instead, the judge hears all evidence for the case and then rules whether or not the juvenile is a delinquent. This process is known as an adjudication hearing. Adults will also be sentenced more harshly than juveniles because of the purpose
Plea Bargains Andrea Dennis-Hart September 23, 2009 Tony Stroud A plea bargain according to Black’s Law Dictionary is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge (Black, 1991, p. 798). Many plea bargains need to get the approval of the court, but some may not be; this is when prosecutors may drop charges in exchange for a guilty plea. There are different forms of plea bargains. All involves some form of sentence reduction.
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
Courtroom Participants March 19, 2012 A group of participates in a criminal trial are deemed the courtroom work group. The members of the courtroom can be separated into two classifications: outsiders and professionals. The professionals are the members who work for a living within the courtroom, which includes court reporters, bailiff, judges, defense attorneys, prosecuting attorneys, and public defenders. The courtroom work group is dedicated to bringing the procedure to a successful close. The outsiders of the courtroom include spectators and the press (Schmalleger, 2009).
The first time offender might get a second chance with a non-conviction program and be scared straight. The benefits of the bargaining system here are obvious. While most prosecutors do consider victims of the crime in bargaining, it is a case by case basis on whether or not the prosecutor will consult the victim before reaching a bargain with the defendant. It is likely that the bargaining system will continue to be practiced within our criminal system for a long time to come. I disagree with plea bargaining for the fact that if they did something once and get a plea bargain many will think of it as they got away with something, also they may think if they do something again they will think they can get another plea bargain deal.
Pretrial Process Tracie Mauck, Joshua Cabrera, Adrain Stewart, Lisa Lopez University of Phoenix June 4, 2012 Jonathon Kingsbury Introduction Many believe the real action in criminal court only happens during a trial. This is not the case. Most criminal cases are disposed of with a guilty plea and many cases seldom reach to trial phase. The entire pretrial process is important to understand as this is when the most important aspect of a trial can take place. From a bail hearing to the role of a grand jury, the accused should know what they are entitled to before the criminal trial begins.
COURTROOM PLAYERS Vamp Poe CJS/200 DOUGLAS BLINKELY The courtroom player are the judge, prosecutor, defense attorney, plaintiff, bailiff, and most of the time a stenographer and the court clerk, the judge who is like an umpire. The judge ultimately is the leader he lay down the rules of the court, rules on objections, and rules on legal motions. The judge is more of a reaction person. You have the Prosecutor Attorney when in a criminal case he or she decide if the defendant is guilty by looking at the police report, decide whether they think the defendant is guilty beyond a reasonable doubt. But should never file a case on the notion that the defendant is guilty because that’s his MO, or maybe has done other things
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.