List the Stages of Case Processing That Characterizes the American System of Criminal Justice and Describe Each Stage.

705 Words3 Pages
Depending on what the magistrate determined in regards to keeping or releasing a person or if that person posted bail a preliminary hearing will be set. This will be the first court room representation for the person. This person will not be sitting in court as there are no sentencing or pleas taken at this time. This subject will be represented by his attorney or public defender. During the preliminary hearing, a magistrate will determine if a crime had been committed, if the crime committed occurred in the court’s jurisdiction, and if there is probable cause to believe the person committed the crime(s). If the magistrate does not find probable cause then the case will be dismissed. After the facts are heard from both the persecution and defense, the magistrate determines if the person will be allowed to leave the court on his own recognizance or if the subject will be held in custody until the arraignment. The defendant makes their first appearance in the courtroom during the arraignment. In this process, the defendant enters their plea of either guilty, not guilty, or no contest. A majority of defendants take a “plea deal” from the prosecution. This is usually a lesser charge and less time to be served. This deal is negotiated by the prosecution and defense. However, the magistrate may not always approve of the plea if he believes the defendant was coerced into agreeing to the plea. In this case the magistrate will order the case to trial. If the defendant pleads not guilty to the charges then the case would be set for trial. Now if the defendant pleads no contest or guilty then the court may provide sentencing at that time or at a later time. 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

More about List the Stages of Case Processing That Characterizes the American System of Criminal Justice and Describe Each Stage.

Open Document