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.
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
According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense. These may result to releasing of accused persons of the basis of evidence submitted to courts. Types of
In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
November 18, 2012 An arraignment is the process by which the defendant, the person being accused of a criminal act, is read specific charges against him. It is the first step in the criminal process after arrest, it just a brief court hearing. All arraignments are conducted after the suspect is arrested and booked by law enforcement. An arraignment takes place only after the prosecuting attorney decides to file charges. The first two steps in an arraignment are for the accused person, defendant, is addressed by name.
4. What is the difference between probation and parole? * Probation means “testing” it’s a test given to first-time offenders or offenders of minor crimes to see whether they can be trusted to abide by the law. * Parole is a period of time a convict remains under legal supervision after being released from prison. 5.
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.
Appeals Process Eric J. Wickboldt Cjs/220 February 26th, 2012 Ronald Ramsey Appeals Process Appeals Process The criminal justice system employs a number of processes that must be completed before an accused individual can be convicted of a crime. Once the trial is over and the accused individual has been convicted and the sentenced, the appeals process begins. An appeal can be described as a process that allows an individual who has been convicted of a crime to petition a higher court (court of appeals or appellant court), to have his or her case be reviewed for material errors or misapplications of law. The expectation for the convicted individual is to possibly have their conviction overturned. The textbook for the class defines
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.