Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue a warrant for his or her arrest. Once the criminal or civil trial has begun, the judge presides over the courtroom (Meyer & Grant, 2003). When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing.
However, the defendant may leave the courtroom to confer with his attorney when he feels the need. A formal arraignment usually happens within twenty to thirty days after the aforementioned. At the arraignment the list of charges brought against the individual are recorded from the preliminary trial. At this point the individual can plead each of the individuals charges brought forth in which the norm being the individual proclaims their
According to Legal Definitions.com, 2004-2007, no contest “refers to the defendant’s plea to the court that he or she would not fight against or dispute the allegations or charges filed against him or her.” If the defendant enters a plea of not guilty, and the crime committed is severe enough, the defendant may be applicable to with stand a jury trial. These crimes mainly include major drug trafficking, murder, kidnapping, etc. Steps in a Jury Trial The first step in a jury trial is the selection of a jury. Selection of a jury is a process that begins with a large group of individuals in the same room interviewed, and asked questions by a lawyer to determine his or her eligibility. The jurors must not withhold any personal biases and must be completely honest in his or her answers.
At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.
This is also a system of check and balance that hopefully will contribute to a fair trial. Peremptory challenges are challenges that are allowed by the court to the attorneys which give them the power to eliminate a juror for no reason at all with only two exceptions race or gender. Opening Statements Each lawyer outlines the main points of the case to the jury, putting the best interpretation on the case. Both in voir dire and in opening statements, lawyers also try to make good personal impressions on jurors. (Zalman,
The role of a prosecuting attorney is to review all evidence against a person or party and build a case against the person(s). A prosecutor is typically in charge of bringing criminal charges against a person(s) and presenting their evidence to a court to assure a conviction. They work directly for the district attorneys office of a jurisdiction and are responsible for presenting the state’s case against the defendant. The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are an affront to the public. The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case.
The tutorial discussion this week was essentially discussing how the system operates and some of the flaws within the system such as false convictions which come about through human error or in extreme cases racial bias (Alberto F. Alesina, Eliana La Ferrara, 2011). There was also discussion about the members of the jury and if they are qualified or competent to decide he guilt or innocence of an individual based on their opinions and perceptions of the trial. My view on the criminal justice system is that overall the system is adequately effective in terms of providing a fair trial for the accused and well suited to punish individuals based on viable evidence and the judgment of experienced judges and magistrates. These issues reflect the interests of the JSB173 unit because the unit focuses on a fair trial through either the
Prior to appointing counsel, what needs to be read out loud in open court? I think that the charges against the accused nee d to be read, a formal arrangement where the judge read the charges and informs the defendant of his/her rights. 2. What choices does Judge Fletcher have in appointing counsel for Slick Martin? He can appoint a public defender to Martin, which he doesn’t have to pay for or appoint counsel where he can pay
The judge will look for probable cause. Information or indictment: Information is a formal written accusation submitted to the court by a prosecutor, alleging that a specified person has committed a specified offense. Indictment 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. The arraignment is the first appearance of the accused before the court that holds that has authority to conduct a
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is sufficient evidence for a ‘prima facie’ case. The prosecution is required to produce evidence and witnesses. The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace.