Free Essay

Arraignment Essay

In: Other Topics

Submitted By cmmm123
Words 861
Pages 4
One of the most vaguely understood events in the United States is the modern criminal trial. Most people have a faint knowledge of the goings-on of criminal proceedings, mainly due to what is seen on television, but the person who knows the real course of a trail is rare. Before a trail can proceed, certain events must take place. The first is the arraignment of the defendant, which can happen anytime between arrest and a logical, non-specific time before the trial itself. Arraignment consists of the court reading to the defendant the substance of the charge, and calls on the subject to enter a plea within a given time. Not only is the arraignment process a process in a criminal trial that most people do not know much about but it is also a process that society segregate the offender. The arraignment process has been looked into depth in the book entitled The Jail: Managing the underclass in American society by John Irwin is the thesis that American society uses jails to control and segregate the "rabble,' a subset of the poor and disadvantaged. Besides being destitute, the rabble are detached from the conventional social networks and behave in ways that the middle class finds objectionable or threatening. Members of the rabble are jailed not so much because of the seriousness of the crimes they commit as for the offensiveness of their behavior to middle-class sensibilities. John Irwin tells us that "the contemporary jail is a subsidiary to the welfare organizations' that control the poor and defuse their threat to the status quo. I recently went to an arraignment hearing at the District Court of the County of
Nassau in order to see for myself the process that the arrestees go through and if any of the terms used to describe the process or the arrestee were of any relevance. The first case I heard was of a nineteen year old male whom had been arrested for getting into an argument with his girlfriend and running over her foot with his car once he threw her out of the car. The defense attorney advised the judge, that his client had no other arrests, his parents were at the hearing to show support, he was student and that he was currently employment. The nineteen year old male was released without bail, and ordered to return to court on December 13, 2011, and his girlfriend was given an order of protection. The second case was of a male whom was arrested for trying to sell a stolen vehicle. This arrestee was not as “attached to society” as the nineteen year male was he had been arrested in the past for the same charges. The defense attorney tried to reattach him to society by saying that he lived with his grandmother, had a job and had completed up to a high education. The judge was not as lenient with him, and ordered that he pay a
$3,000.00 or remind arrested until his next hearing date. The third case involved an eighteen year old female. She had been arrested for getting into an argument with her mother and destroying the mother property. The defense attorney advised the judge she was a high school graduate, had no criminal record, was currently employment and lived with a supporting family. The Judge released her without giving her bail and ordered she return for her next hearing. The fourth case I found interesting was of a forty-one year old male whom was arrested for stealing four motor vehicles and trying to sell them to a scrap yard. The defense attorney argued that the arrestee was a married male with seven children, college graduate, was employed and his wife was employed, and they own a house. The People had requested that his bail be set for $50,000.00 and the Judge released on a $2,000.00 and set a hearing date for him to return. Another case I heard that I found interesting was of a thirty-five year taxi driver,

whom had been accused of hitting a pedestrian and as a result the pedestrian passed away.

The defense attorney argued that the arrestee was a college graduate, was married with a

child, own a house, and was employed. He also argued that the arrestee maintained his

innocence of the motor vehicle accident. The People requested that the Judge set bail at

$50,000.00 and his license be suspended. The Judge released the arrestee and set a

hearing date for him to return.

As I continued to seat and listen to all the different cases being presented that day

I realized that the book The Jail discussed many of the events I was watching. The Judge

seem to be more lenient with the people whom were considered to be part of the society

and that it was just one bad event that made them end up in front of her. The more the

defense attorney argued that you were not in other words a “rabbel” she would allow you

to go ahead and be part of the society once again.

Similar Documents

Free Essay

Postville

...Abused: Postville Raid Abused: Postville Raid is a documentary made by Luis Argueta. The documentary is about the Postville Raid that took place on May 12, 2008 at a meatpacking plant in Postville, Iowa. It was known to be one the largest, most expensive and brutal immigration raid in the history of the United States. Argueta reveals the devastating effects of enforcement policies on families, children and communities. The film serves as a cautionary tale against government abuses of the rule of law, the constitution and labor rights. The day of the raid, almost 400 illegal workers employed at the Agriprocessors Inc. meatpacking plant were arrested. The arrested workers were taken from the plant to a nearby fairground, the National Cattle Congress, in Waterloo, Iowa. They were bound by handcuffs at the wrists and chained from the upper torso to their ankles in groups of ten. Hearings were being put on as fast as possible, sentencing five at a time over the course of the three days following the raid. Few workers were allowed to talk to attorneys before being presented before the judge. These immigrant workers were arrested for having false identity paper and were charged with identity theft, document fraud, use of stolen social security numbers and other offenses. Most were convicted within four days of the arrest and sentenced to serve a five month prison sentence before being deported. Many of the immigrant workers had no prior criminal record so they were offered a...

Words: 978 - Pages: 4

Free Essay

Keyboard

...two years of imprisonment and will pay a fine of 100,000 pesos. However, Giner immediately applied for probation, which was eventually granted by the court during Wednesday’s arraignment, the DoJ said. 2. Did ant prosecution results? Yes,  because JJ Maria Giner pleaded guilty on Wednesday to hacking the government portal "gov.ph" and other government websites, making this the first Philippine hacking case to have ended in a conviction, the Department of Justice (DoJ) said. The granting of the probation will allow Giner to skip jail time but he will still be required to report to a probationary officer on a regular basis. Giner's lawyer Rodolfo Viajar, Jr. agreed with the court's ruling, according to the copy shown to INQ7.net. Giner's arraignment started at 8:30 am Wednesday at branch 14 of the Metropolitan Trial Court in Manila. The conviction of Giner is now considered a landmark case, as he is the first local hacker to be convicted under section 33a of the E-Commerce Law or Republic Act 8792, according to DoJ Secretary Raul Gonzalez and Chief State Prosecutor Jovencito Zuño who have provided support to the prosecution of the case. In a separate interview, Geronimo Sy, the state prosecutor handling the case, revealed that Giner's lawyer had agreed to a plea bargain before Wednesday's arraignment, wherein the local hacker was advised to...

Words: 797 - Pages: 4

Free Essay

Ethics and Corporate Social

...Ethics and Corporate Social Responsibility Kelli Penner Introduction to Business SP16 Dr. Carl W. Proehl, Jr March 22, 2016 The nature of the article I chose is on fraud, bribery, and overcharging. It is about a retired Navy official, Edward Aruffo, who started a second career working for defense coordinator Glenn Defense Marine Asia. They plead guilty in federal court on July 7th, 2014. Admitting that he and others overcharged the Navy by up to $2.5 million for port services to American ships and then used some of the proceeds to treat Navy officials to lavish diners, cocktails, and entertainment. The article does report wrong doing as Edward Aruffo was a “held a position of trust and responsibility conferred on him by the Navy, betrayed his former service for personal gain by rigging invoices and deserves to be held accountable for his criminal activities”. (www.m2.com)Edward Aruffo did not act alone seven other employees from GDMA was indicted on charges for fraud, bribery, and overcharging. The action was illegal and unethical. They affected tax payers and the Navy. “According to court documents, GDMA owner and CEO Leonard Francis enlisted the clandestine assistance of Navy personnel -- including Commander Michael Vannak Khem Misiewicz, Commander Jose Luis Sanchez, NCIS Special Agent John Beliveau and Petty Officer First Class Daniel Layug -- to provide classified ship schedules and other sensitive information about an ongoing criminal investigation...

Words: 537 - Pages: 3

Free Essay

Psc 304 Notes

...PSC 304 03/27/12 Arrest to Arraignment – Chapter 10 Type I Offenses (serious crimes) -homicide -rape -arson -aggravated assault -burglary -auto theft -larceny Universal Crime Report (UCR) – based on crimes reported to the police Arrest -taking a person into police custody under suspicion that he/she committed a crime -Standard of proof: “probably cause” -Quality of arrest >Physical evidence >Witnesses Initial Appearance -Usually occurs in local courts -Advised of charges -Charging document -Attorney -Bail -Order of protection >restraining order >for witnesses/victims Preliminary Hearing -Usually occurs in local courts -Seldom used to short & routine to mini trial -Probable cause/reasonable cause that a crime was committed & that defendant committed it -Screening device Grand Jury -secret proceedings >The grand jury is secret so that those involved act without any concern for repercussions. -size varies 6 to 23 -majority vote -subpoena power -“shield & sword” (exam) >shields individuals from improper government process >investigatory power (Can subpoena witnesses/documents, compel someone to be present) -true bill vs. no bill -Indictment -5th Amendment right: Immunity for testifying? Superior Court Arraignment -Advised of felony charges -Re-visit bail issue -Ensure legal representation -Set motions/hearings schedule Attrition/Screening/Funneling -Legal judgments -Policy Priorities -Personal standards...

Words: 329 - Pages: 2

Premium Essay

Winterbourne Case

...Winterbourne View hospital abuse From Wikipedia, the free encyclopedia The Winterbourne View hospital abuse occurred at Winterbourne View, a private hospital at Hambrook[->0], South Gloucestershire[->1], England, owned and operated by Castlebeck.[1][->2][2]A Panorama[->3] investigation broadcast on television in 2011, exposed the physical[->4] and psychological abuse[->5] suffered by people with learning disabilities[->6] and challenging behaviour[->7] at the hospital.[3] Local social services and the English national regulator (Care Quality Commission[->8]) had received various warnings but the mistreatment continued. One senior nurse[->9] reported his concerns to the management[->10] at Winterbourne View and to CQC, but his complaint was not taken up.[4] The public funded hospital has been shut down as a result of the abuse that took place.[5] Contents [hide[->11]] 1 Abuse[->12] 2 Reaction[->13] 3 Systemic failings[->14] 4 Investigations[->15] 5 Convictions[->16] 6 See also[->17] 7 References[->18] 8 External links[->19] Abuse[edit[->20]] The undercover footage showed staff repeatedly assaulting and harshly restraining patients under chairs. Staff gave patients cold punishment showers, left one outside in near zero temperatures, and poured mouthwash into another's eyes. They pulled patients' hair and forced medication into patients' mouths. Victims were shown screaming and shaking, and one patient...

Words: 1243 - Pages: 5

Free Essay

Laci Peterson

...was arrested at the Torrey Pines Golf Course, in Sand Diego County, California. At the time of his arrest, Peterson had colored his hair blonde, grown a beard and mustache, and was carrying $15,000.00 in cash. During his arrest police also discovered that Peterson’s car was full of camping and survival equipment. Peterson was arrested less than 20 minutes from the Mexican border. Peterson waived booking in San Mateo County, California, and was transferred back to Stanislaus County, California, where he was formally booked by the Stanislaus County Sheriff’s Department. Scott Peterson had his preliminary hearing on April 17, 2003. Superior Court Judge Al Girolami ordered Scott Peterson to stand trial on two counts of murder. Peterson’s arraignment quickly followed. Peterson was arraigned on April 21, 2003. The Prosecution charged him with the following: Count I: On or about and between December 23, 2002 and December 24, 2002, the defendant did commit a felony, Murder, violation of Section 187 of the California Penal Code; the defendant did willfully,...

Words: 328 - Pages: 2

Free Essay

Serial Murders

...Serial Murders and the People Who Commit Them Written assignment for Criminology, Module 9, Serial Murders and the People Who Commit Them, December 8, 2013. Abstract Ronald Dominique was labeled as "The Bayou Serial Killer". He murdered at least 23 victims between 1997 and 2006. His victims ranged in age between 16 and 46 years of age. He murdered his victims by suffocation or strangulation. He pleaded guilty to only eight murders and was sentenced to eight life sentences (Blanco) Ronald Dominique spent most of his youth in the small bayou community of Thibodaux, LA. Thibodaux sits between New Orleans and Baton Rouge and is the type of community where everyone knows very little about each other. He attended Thibodaux High School where he was in the glee club and sang in the course. Classmates say he was ridiculed about being a homosexual during is teen years, but at the time he never admitted he was. As he got older he seemed to live in two worlds. There was the Dominique who was helpful to his neighbors in the small trailer parks where he lived. Then there was the Dominique who cross-dressed and did bad impersonations of Patti LaBelle at the local gay club. Neither world embrace him and among the gay community, many remember him as someone who was not particularly well liked. Through most of his adulthood, Dominique struggled financially and would end up living with his mother or other relatives. In the weeks before his arrest, he was living...

Words: 829 - Pages: 4

Free Essay

Trials and Verdicts

...Trial and Verdict Arquisa Ross Dorothy Sliben Into to Criminal Justice 02/28/2015 Contentious Teacher Related Policies Moving From Legislatures to the Courts National teacher unions won a landmark victory in a California lawsuit last year that challenged tenure protections, a case that became the beginning of a national effort to roll back teacher tenure laws in state courts. Teaching professions are shifting from legislative arenas to the courts giving judges the chance to make decisions that could shape the way teachers are hired, fired, and paid. Lawsuits show that two of the nation’s most contentious battles over the teaching professions. Now some of the largest unions in the country are using similar tactics to end test based evaluations, teachers say that they are arbitrary and unfair. Teachers are turning to the courts to fight for one of their most pressing interests. A lot of the teachers have come together stating that there’s nothing wrong with teacher evaluations when done right. President of the National Education Association the nation’s largest teachers union which has helped argue the case in Florida and Tennessee. Many of the lawsuits says that were widespread errors in the new evaluations because of a rushed rollout and faulty data including incomplete or wrong test scores and some teachers were docked due to absences which should’ve been protected under the federal Family and Medical Leave Act. Many of the teachers has stepped up and said “ It’s...

Words: 939 - Pages: 4

Free Essay

Peds

...Youssef Haggag Prof. Brian Altano WRT-101-098WB January 14, 2016 Performance Enhancing Drugs in Sports Have you ever considered the pros and cons of Performance Enhancing Drugs?! Nowadays Performance Enhancing Drugs are so popular in athlete's life and athletics have a big temptation about it and its effect however its forbidden in the united states unless it is used for specific treatment. Decades ago the facts of performance enhancers have shown us a lot about what these drugs can do to our bodies and how badly does it affect the body. Since they discovered These stimuli they tried it at the beginning on animals for example the racing dogs and horses then athletes started to use it after seeing its crazy effect on the performance and the shape of the body. In the first place, according to researches and surveys about the advantages and disadvantages of Performance Enhancing Drugs on health some people think that “If each of us ought to be free to assume risks that we think are worth taking, shouldn't athletes have the same freedom as anyone else? In particular, if athletes prefer the gains in performance allegedly provided by the use of steroids, along with the increased risk of harm to the alternative of less risk and worse performance, what gives anyone the right to interfere with their choice? After all, if we should not forbid smokers from risking their health by smoking, why should we prohibit track stars or weightlifters from taking risks with their health in...

Words: 1778 - Pages: 8

Free Essay

Criminal Trial

...or the filing for an arrest warrant. An arraignment usually occurs within 48 hours after an arrest. At this time if the defendant has not been mirandized, they will advise them of their rights and of the charges against one. Bail will be set as long as the charge is not murder (2011). A judge can determine if he wants to impose bail for someone charged with murder. They will be given a date for their next court appearance and will be able to post bail and leave or if bail is denied will be remanded into custody (2011). In a state case the preliminary hearing is the next step. Within 7 to 10 days of the initial arraignment the preliminary hearing will take place. During this hearing a district judge will decide if the charges should be upheld. The prosecutions job is to prove that the charges are valid via a prima facie case. Witnesses and evidence will be provided by the prosecutor. The defense attorney does not provide any at this point. If the charges are federal charges an individual goes before a grand jury instead of a preliminary hearing. Grand jury trials are private hearings comprised of 23 citizens. The only one allowed to present in this hearing is the jury, prosecutor, and any witnesses the prosecutors deems necessary. The witnesses can only enter one at a time and have to leave immediately after giving there testimony. A formal arraignment takes place within 30 days from the hearing. At this arraignment a list of charges is recorded and the defendant...

Words: 1026 - Pages: 5

Premium Essay

Pretrial Detention

...Pretrial process Suspect who have been arrested go through a pretrial process as one of the criminal justice proceedings. The pretrial process is an important part of the judicial process. Prosecutors use the factual evidence to determine whether or not a case will be tried in court or released based on the evidence. Most cases will have the defendant plead guilty. The guilty plea is given in exchange for a lighter sentence, in most cases. The prosecutor goes over the evidence and questions the arresting officer to make sure the story is legitimate and that there are no loopholes in the story. The prosecutor decides what to charge the suspect with. The prosecutor establishes a prima facie case or the case is dismissed (Zalman, 2008). The pretrial hearing can also be seen as a negotiation tool for the defense. Charges at this stage can be droped, reduced, or the defense can plea bargain. If a defendant cannot afford an attorney one is appointed to him or her. The pretrial process allows the defendant to receive fair treatment and receive his or her due process. The pretrial process is filled with many legal steps and is complex (Zalman, 2008). Pretrial Detention Pretrial detention is when a suspect is detained in a jail or government facility while he or she awaits for his or her trial or legal proceedings. The suspect has not been found guilty of any crime. The guilty or not guilty verdict will come later in the court proceedings. Pretrial detention occurs when the judge...

Words: 639 - Pages: 3

Free Essay

Criminal Justice Process

...Steps of the Criminal Process Investigation: Investigation is when someone reports a crime that has just happened and the police gathered the information that they had discovered, like evidence. To investigate the crime that has been committed to see, if possible to charged the offender(s). Example: A Homeowner had just reported to the 911 operator that her home is being robbed and the bad guy is still here. The location is at 123 Jane Doe St. Hollywood, CA 90122 Arrest: Arrest is when the offender(s) was found wrong doing of something bad to something or someone. Example: Luckily, there was a police cruiser down the street patrolling the neighborhood, so the police went straight to the house that was reported. And caught the bad guy red handed stealing the victims belonging. The offender was arrested by the police. Booking: Booking is when the offender(s) is caught and taken into custody at the police station to take pictures, be fingerprinted, and ask questions to be recorded by the police in the computer system. Example: The offender that was arrested was taken away and went straight to the police station for booking. The police took his pictures and fingerprinted him. Name: Jack Black DOB: 01/01/1964 Address: 12 Mary Lane Hollywood, CA 90123 Steps of the Judicial Process 4. First Appearance: After the arrest the offender(s) need to show up in court to see was charges is against him/her and if bail is provided...

Words: 576 - Pages: 3

Premium Essay

Koss Company

...New details have emerged on the methods used and the outcomes following the case of 47-year-old convicted embezzler Sujata “Sue” Sachdeva, who was the trusted 15-year veteran vice president of finance, secretary, and principal accounting officer of Koss Corporation. During a span of more than five years, she stole nearly half the company’s pretax earnings. The scheme was uncovered when American Express noticed her credit card balances were being paid through large wire transfers originating from a company bank account. Koss is the Milwaukee-based, mostly privately held small company that’s a prominent global designer and marketer of stereophonic headphones. Sachdeva’s criminal case concluded after she pleaded guilty to embezzling $34 million from her employer, an increase of $2.5 million over earlier estimates. The six felony fraud counts carried a maximum penalty of 120 years in jail, but 15 to 20 years is appropriate under federal sentencing guidelines. Because she cooperated with authorities from the very beginning of their investigation, the judge limited her sentence on November 17, 2010, to 11 years in federal prison, plus restitution to Koss of $34 million. Her physician husband filed for divorce after the sentencing hearing. Federal officials have seized most of her assets, including a 2007 Mercedes-Benz, timeshares, jewelry, shoes, furs, and other luxury items – some that were never worn because they were put into storage for lack of space. Sachdeva’s attorney...

Words: 351 - Pages: 2

Premium Essay

Court Observation

...involve a wide assortment of encounters and sentiments as individuals are pushed through the framework once they are put into it. Customarily, individuals are very nearly in an exacting sense "pushed" through the framework as they regularly turn into an unimportant instrument moving down a transport line in a production line. The encounters of individuals who enter through the legal procedure may be effortlessly seen in the court by any onlooker. While as an onlooker, one is not getting the immediate experience of being a litigant or casualty, it is not hard to understand the emotions that get from court procedures by seeing them. The run of the mill sample of the production line like framework is most unmistakably seen amid arraignments. It is likewise where a lawyer will be formally informing the court that they are speaking to the litigant. While on the books it seems like a generally clear strategy, practically speaking, it is normally experienced to be perceptibly diverse. As I have watched, these occasions do happen, however don't show up so clear to the respondents themselves. They frequently show up in the court and sit tight for a considerable length of time and hours on end holding up to be approached, not comprehending what's in store and with little correspondence with their lawyers preceding being called upon. The room is dependably entirely filled...

Words: 2296 - Pages: 10

Premium Essay

Annie Proulx Essay

...Academic essay on Annie Proulx's "Job Story" Choices are something we all make. Not necessarily important choices, but there will always be a time to make them. It's not always good choices, but they have to be made. There will always be consequences, whether it's bad or good. Throughout the story, Leeland Lee has to make a lot of choices. Where to live, where to work and when to work. All the different choices he made, put him in the position he is now. Leeland Lee is an awkward-looking young boy. His face is heavily boned, which he has gotten from his mom, his neck is quite thick and he has red-gold hair. His eyes are as pouchy as a middle-aged alcoholic. His nose is broad and lays close to his face. Lori Bovee is Leeland Lee's wife. She has an undistinguished oval face, and hair of medium length. Leeland Lee is the protagonist of the story, because he is the main character. I would say Leeland is a flat and static character as he is an endless optimist. He doesn't give up when it comes to finding a new job, and despite his wife dying he still gets a job at Unique Eats. The reason he is a static character is because he doesn't change at all. After getting several different jobs he doesn't change anything, after his mom and wife dies he doesn't change one single thing except the fact he isn't listening to the radio anymore, but since that have been an important factor of the story all along, it can also show a lot about how he has changed. The story starts November...

Words: 733 - Pages: 3