Catching up with the text, investigation is the first step. Evidence is gathered and suspects are identified and the sequences of events are reconstructed. Next, an arrest warrant is issued by a judge. An arrest is made, during which defendant is advised of their “Miranda” rights. After arrest, comes booking.
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.
d- There might be someone involved in the crime, in the grand jury. 3- I will contact the District Attorney. Pros. a-An internal affairs investigation will be made. b- My name will be cleared.
Courtroom Discretion Q&A Response Misty Moore, Victoria Hardin and Elizabeth Ortiz CJA/224 September 19, 2011 Rick Rice Courtroom Discretion Q&A Response What is prosecutorial discretion? When a crime happens evidence is gathered, witnesses are found and a case file is established all the information. Due to an overabundance of case files, prosecutors review each file and which will be brought to trial. When there is enough evidence to convince the prosecutor the person suspected of committing the crime is guilty without a reasonable doubt, he or she will pursue the case to trial. Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them.
With the information it is formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. The indictment it is a formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony. After you have the indictment sometimes you go in front of the grand jury. Then you go for your arraignment it is the first appearance of the defendant before the court that has the authority to conduct a trial. A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.
This hearing also allows the prosecutor the chance to assess the strength of the evidence and the defense to council to assess the strength of the prosecution’s case. From here the prosecutor may seek to file an information, a formal written accusation, with the court to continue the case or an indictment by grand jury may need
Pretrial Defense Motions By: Rebecca Taylor Pretrial hearings take place after a defendant has had a preliminary hearing or a grand jury indictment. A defense attorney uses pretrial hearings to set boundaries on the prosecution during the trial stage. What evidence can be used, the types of arguments that can be made, and what witnesses may appear to testify ends up being based on what pretrial motions are made and whether they are permitted or rejected. There are a multitude of motions that a defense attorney may file, and a couple possible motions that a defense might propose during pretrial hearings are motions to suppress, motions in limine, and discovery of evidence. Motions to Suppress The most commonly used defense motion
After the officers have the information they need “evidence is collected, if possible.” If the suspect is still on the scene they are arrested and brought to booking. (Schmalleger, 2009) During the arrest the suspect is read their Miranda Rights before they are questioned or took into custody. “If the suspect is caught in the act the officer can
In my example, this would include tracking down the suspect identified by the surveillance footage and apprehending the suspect. After being arrested, a preliminary hearing would take place. The
Depending on the crime: misdemeanor, felony, or petty offense; punishment is rendered after a conviction is determined. Mitigation by the defense attorney occurs prior to sentencing. According to The Law Offices of Patrick Maher (n.d.), “after a guilty finding, the judge gives the attorney an opportunity to speak on behalf of the client. This is called mitigation, defined as “to make less severe.” This is a very important part of the process and can have a dramatic impact on the judge’s decision.” The crime and circumstance dictates punishment and sentencing. Punishment can include probation, imprisonment, community service, and fines.