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
Sentencing is the form of punishment the defendant will receive after being convicted of the crime. If the defendant pleads not guilty then they would receive a trial before a jury. During the trial the facts and
A District Attorney is a public official who acts as prosecutor for the state or the federal government in court in a particular district (Hill 2005). A DA is involved in both the investigative and prosecutorial stage of interaction with a criminal defendant. Their role is to investigate the crimes the defendant has allegedly committed and deciding to file criminal charges or bring forth evidence that may lead to an indictment for a
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). Then CPS could state whether it’s enough evidences gathered to take the person to court or it can state that there is not enough evidences. That where it comes to the bail. (www.findlaw.co.uk) The bail can be granted or denied it all depends what is the offence and whether the person can be dangerous if goes back to the society/community. If the person is arrested on suspicious of the murder that would be clearly obvious that the person wouldn’t get the bail, as that person could try to run away also could attempt more murders or even self-harmed.
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.
Processing a criminal case it includes investigation, arrest, booking, first appearance in court, preliminary hearing, indictment, arraignment, adjudication. Sentencing, and corrections and how the structural of the government works with the criminal justice system (Schmalleger, 2011, pg 28-29). References CliffsNotes.com. (2013, April 26). The Structure of Criminal Justice.
These surfaces include countertops, doors and handles, cash registers and computers, and any furniture encountered by the suspects. In this case, another evidence would also be the store’s computer and anything touched by the robbers. 2.) What would be the best way to locate, document, and package the evidence? Reference: Criminal Investigation The Art And The Science Custom Edition by Michael D. Lyman-Chapter 2, pg.
Well, the defense attorney is supposed to protect the defendant's rights prior to trial. In a civil case, the defense attorney will file papers responding to the plaintiff's case, will investigate the case, talk to the defendant, talk to witnesses, gather evidence, get ready for trial, and negotiate with the plaintiff. In a criminal case, the defense attorney's role is even more strongly aligned with the defendant, to do everything they can to try to prevent the defendant from being found guilty; whether that's by going to trial or negotiating a plea bargain. Most criminal cases end with the defense agreeing to plead guilty to something. It's the defense attorney's role to try to get the charges reduced as much as possible.
March 18, 2013 CJA-364 Criminal Procedure Policy In the criminal justice system, there are laws and certain guidelines that must be to follow, because the United States Constitution has requirements that rule. Due process and crime control models have been put into place in order help shape how the criminal justice system deals with criminals when they are caught doing criminal acts. They are the building blocks and help shape the criminal procedure policy, and have allowed the system for some fair trials or to some not so fair depending on the model being used. The United States Constitution has help shape these models because of the rules put into place by the fourth, fifth, sixth and the fourteenth amendments. Each of the selected
But if the accused is convicted of an indictable offence under section 554 of the criminal code, he or she may choose how they want to be tried. The defendant can choose to