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How would you define the pretrial criminal process? How does the pretrial criminal process affect post arrest processes and trials? Is there a better solution to the current process? Explain. * * * * Pretrial process is when the prosecution and the lawyer provide all the evidence that will presented in the case. This would be a list of all the witnesses that will be call by either party or from one party. Both the prosecution and lawyer also have the chance to motion for the use of a way of referencing something that they think might help the case. * * * * * * A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. [ A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant's guilt or innocence. Under rule 17.1 of the Federal Rules of Criminal Procedure, pretrial conferences for criminal cases may be conducted to promote a fair and expeditious trial. In practice, federal and state courts use the pretrial conference in criminal cases to decide such preliminary matters as what evidence will be excluded from trial and what witnesses will be allowed to testify. legal- * * * The court may set any criminal case for a pre-trial hearing before it is set for trial. A pre-trial is a meeting with the state?s attorney and the defendant and/or his or her attorney to determine the following: ? Any motions that the defendant or [ defendant?s attorney wants to file. ? Motion of discovery (any facts and information about the case) ? Motion for continuance (to set another trial date) ? Motion to suppress evidence (to keep secret, to keep from revealing to a jury) ? Motion for appointment of interpreter, if needed ? The exceptions to the form or substance of the complaint (defendants in municipal court may file a motion that says there is a problem with the form or substance of the complaint) ? The pre-trial is used to try to resolve the case in a way that is agreeable to both the defendant and the court, whenever possible. The pre-trial process, however, should not be used as a tool to thwart a defendant?s effort at obtaining a trial before the court * *
You are here: Home » Issues » Pretrial
Pretrial
by krystansheridan in Issues, October 25, 2011
Simple questions for the open minded.
How would you define the pretrial criminal process?
Pretrial is the process of which the prosecution and the defense provide all the evidence that will be presented in the trail, a list of all the witnesses that will be called or could be called by either party. The prosecution and defense also have the opportunity to motion for the use of a terminology or a way of referencing something that they think, might help the case. The judge has the authority to decline said motions.
How does the pretrial criminal process affect post-arrest processes and trials?
The pretrial can affect the post-arrest process and the trials in many ways meaning; for one they could be a major lack of evidence and the no witnesses, the judge is likely to throw out he case. On the other hand the prosecution could offer another plea barging that would land a guilty plea or some type of arrangement. All the information that is gathered and provided at the time of the pretrial has a major effect on the trail based on what disclosed and what’s not going to be disclosed.
Is there a better solution to the current process?
I think that the current process has served its purpose for many years and is becoming out dated in a sense. There are no exceptions to the laws, and sometimes this will land someone in prison that doesn’t deserve to be imprisoned. People make mistakes and mistakes are becoming big business of the criminal justice system. So, I would make it mandatory that the prosecution have to provide their evidence in a trail setting (unofficial) and prove what evidence they have against the defendant and the defense likewise. Before, they ever offer a deal. This would cut out shady deals that are made behind judges back and still allow for a fair process.

Read more: http://socyberty.com/issues/pretrial/#ixzz20pinrSHf * * * *
What is an appeal? How does an appeal relate to the overall criminal process? What would happen if appeals were eliminated from the system? * * * Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it (Frank Schmalleger). * * * * * * * If the defendant in a criminal case, or a plaintiff in a civil case, believes that their original trial was flawed in some manner, [ they may appeal it to the next higher court (i.e.: The Court of Appeals) and ask for a review. An appeals court is not automatically required to review the case, but if they do, they will scrutinize the original case for possible errors in applying the law or in judicial procedure and issue a ruling either affirming the verdict ((.e.: the original verdict stands) or sending it back for re-trial or overturning it altogether. If the defendant/plaintiff is not happy with the finding of the Appeals Court they may once again appeal, this time to the to the Supreme Court, where the process begins anew. The procedure is the same whether it is in the State circuits or the Federal circuits It should be noted and emphasized that, the only court in the process that actually conducts a trial is the court of original jurisdiction. The Appeals Court and the Supreme Court both conduct "en banc" hearings (i.e.: judges only). ]

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