He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. 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.
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
This paper will identify the role of the courts in the criminal justice system today. The Courts and its Purpose The United States court system is a branch of the government that resolves legal disagreements through a legal, judicial manner. The courts use a process called the “Adversary Process” that helps to reach a decision in each case that is presented. In this method, the lawyers in the case present their side of the argument to a judge or jury. Each side presents their case.
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.
State supreme appellate courts typically consist of five to nine members who rule as a panel. The first tier of the U.S. federal court system is District courts. The United States is divided into 91 federal judicial districts (excluding the District Courts of the Virgin Islands and Guam). Every state has at least one federal district. The cases typically include those in which (a) the United States is a party; or (b) a federal or constitutional issue is brought.
In criminal cases, appeals can be made either against the conviction or against the sense. This means that the person found guilty of an offence can appeal against the guilty conviction on certain grounds, or can appeal against the severity of the sentence. The crown (Prosecution) also has the right to appeal against the leniency of the sentence. The party appealing is known as the appellant/ applicant. The appeal process for sentencing is important because it allows the higher courts to supervise the exercise of sentencing discretion and therefore helps to ensure consistency.
hat are the legal aspects of sentencing? How do these legal factors affect the sentencing of criminals? What would happen if these legal factors in sentencing were changed, or even eliminated? The legal aspects of the sentencing process after a case goes to trial and the judge and or jury or defendant has pleaded guilty is when the jury can recommend a sentence that the judge can take into consideration or the judge would use sentencing guidelines. While also taking in to consideration if this person was a first time offender or a repeat offender.
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
Question 1 Identify by means of a diagram the principal criminal courts in England and Wales. FIG 1 In reference to fig 1 the principal criminal courts in England and Wales, there are three main courts which are magistrates, crown and court of appeal. These courts deal with offenders on behalf of the state and the public and are there to maintain law and order and protect the society. The magistrates’ court deals with less serious or summary offences which may include, council tax, motoring offences, assaults and threatening behaviour. They also deal with both way offences which can be tried in both magistrates and or crown court.
The court system is divided into two different sectors in order to differentiate the class of the alleged crime; civil law and criminal law are practised in two different courts. Sometimes however, both start in the magistrates’ court depending on severity. Criminal cases could be escalated to Crown Court if they present an indictable offence or a triable either way offence that is deemed too serious for the magistrates, while civil cases could be escalated to High Court if the value of the damages is higher than £30,000. An immediate difference between civil law and criminal law is the parties involved; the rule of court under civil law would usually be plaintiff vs defendant whereas in criminal court it commonly involves government in most criminal cases and the defendant in these cases are called “the accused” which sounds more severe, however you can also have the prosecution (CPS) VS The Defendant. This tells us that civil law is for individual interest while criminal law is for public interest.