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.
Braithwaite, supra, the Supreme Court held that reliability is the linchpin in determining the admissibility of identification testimony. The determination is to be made based on the totality of the circumstances as previously indicated in Stovall v. Denno, supra. The factors to be weighed against the corrupting effect of the suggestive procedure are as set forth in Neil v. Biggers, supra, summarized by the court in Manson to include: "...the opportunity of the witness to view the criminal at the time of the crime, the witness's degree of attention, the accuracy of his prior description of the criminal, the level or certainty demonstrated at the confrontation, and the time between the crime and confrontation." 432 U.S. 98, 114. Similar standards had previously been adopted by the Ohio Supreme Court in State v. Lathan (1972), 30 Ohio St. 2d
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.
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect. When an arrest is made the police must advise the suspect of their Miranda Rights before questioning a suspect can begin as anything a suspect says to the police cannot be used against them and be thrown out of court. When the suspect is brought to the jail they go through an administrative procedure called booking where the suspect is finger printed, personal data is collected and are read and have to sign a statement that they understand their Miranda Rights.
Juvenile Rights CRJ 301 Juveniles like adults have a process to go through before they can be charged. Not all states are the same when it comes to processing, but they all have the same outcome. Juveniles like adults need to be punished for their actions regardless of whether it is a mild offense or a serious offense. During the processing there are some organizations that require certain procedure to be done, while in other states it is left up to the courts or the police officer. During an arrest of a juvenile the officer must first decided whether the officer or the general public is in harm’s way.
Third, the defense presents that the defendant was being interrogated. For these reasons, the defense will prove why Mr. Vega’s bracketed statement should be considered inadmissible within the court. Just because the contact between an officer and suspect begins as voluntary, doesn’t mean it remains that way. A change in circumstances can transform a voluntary conversation into custodial interrogation, as per the ruling in People v. Aguilera. This is what happened during the interaction between Adrian and Officer Wright.
To ensure judicial oversight to this decision, Rule 5(a) requires that after arrest, the defendant must be brought before a magistrate judge for an initial appearance “without unnecessary delay,” a phrase discussed at length in later sections. [FN29] The government must then “promptly” file a complaint in the district where the crime occurred that demonstrates probable cause as required by Rule 4(a). [FN30] This can afford the defendant the opportunity to contest his continued detention by challenging the sufficiency of the
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.