...Pretrial Process Paper Alexander Morgan, Kevin Hebert, Chasity Conner CJA 364 05/25/2015 Carla Taylor Pretrial Process Paper In the following paper, we will discuss the pretrial process. We will talk of pretrial detention and the concept of bail. We will also on the meaning of preliminary examinations, the role of the grand jury and the prosecutor’s duty to disclose exculpatory information. The last thing we will discuss is the prosecutorial misconduct. “Pretrial detention refers to detaining of an accused person in a criminal case before the trial has taken place, either because of a failure to post bail or due to denial of release under a pre-trial detention statute.” ("Http://definitions.uslegal.com”,). When you are in pretrial detention is also a possibility that you could be a flight risk and will be denied bail. It depends on the severity of the bail most people don’t have the funds to post bail. They would have to wait until trial start and find a bail bondsman to get a release. “Bail property or money given as surety that a person released from custody will return at an appointed time. The person who agrees to be liable if someone released from custody does not return at an appointed time.” ("Thefreedictionary.com",). It can work in many ways. If you don’t have the money, you could use your house or car as collateral for payment. If you do not pay the money the house and the car are consider payment. According to "Http://www.lawhandbook.sa.gov...
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...Questions 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...
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...Criminal Justice Process 1 Criminal Justice Process Betsabe Aguirre CRJ 100, Section 010016 Professor Nicholas Myles, J.D. October 12, 2010. Criminal Justice Process 2 Criminal Justice Process Imagine living in the US where crime is out of control. Where laws are broken and there is no punishment for our actions. It wouldn’t be a nice place to live. This is why we have the criminal justice process. The agencies of criminal justice must process the cases that come before them. They begin with an investigation of the reported crime. Placing crime under control is a complicated process requiring information and following many steps. It consists of Investigation and Arrest, Pretrial Activities, Adjudication, Sentencing, and Corrections. Investigation and Arrest The first step in the criminal justice process is investigation and arrest. When a crime has been committed the first thing law enforcement does is conduct an investigation. Evidence is gathered at the crime scene and a follow up investigation to try to put together the sequence of activities. Depending on the results they may choose to arrest an individual or individuals. If they make no arrest the process is complete. But if an arrest is made the suspect will be booked. When the suspect is being booked which means a procedure where pictures are taken, fingerprints are made, and personal information such as their name, address, date of birth, weight, and height is gathered and put into the system. Details...
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...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...
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...Processing a Defendant in the U.S Court System CRJS101-1303A-12 Andrew Aguilar 08/19/2013 AIU Online Abstract Processing the important view on properly processing a defendant in a federal investigation will ensure the defendant prosecution, and due process. The best way to present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions, will ensure that justice, also to present the processing requirements and the mandated pretrial measures required by law. * Serving the warrant * Investigate the crime thoroughly and correctly * Arrest the defendant * Take the defendant in front of a federal Magistrate to set pre trail * Having the Miranda rights read to the defendant and the right for a legal counsel * The right to plead not guilty * The right to jury trail * Sentencing the defendant * The right of the defendant to have an appeal process * The rehabilitation of the defendant Outline According to (westmichiganfender.org) the united states can constitution requires that most federal criminal charges be reviewed by a grand jury”. If the majority of the grand jury votes that there was a probable cause. The grand jury will issue written charges against the individual, and what is called indictment. The federal prosecutor is accusing the individual of the crime. The initial appearance role is to advise the defendant of their charges, and the maximum penalty for...
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...promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas being accepted as defendants are desperate to be released from custody, the loss of liberty being used as a punitive system even before a trial verdict of guilt, a defendants’ diminished capacity to work and provide for himself/herself and his/her family, and a diminished capacity to prepare adequately for trial. The current bail system breeds economic discrimination; as it stands it provides...
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...for the officers involved in tomorrow's arrests. Individual Portion: Each individual will share 3 deliverables with each other in the group and will provide a copy for the instructor for accountability of participation in the group. The following are the deliverables: A 1-page bulleted list of 10 points that are the more important in your view on properly processing a defendant in a federal investigation. A 1-page outline on the best way to format and present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions. Please provide examples in your outline of your recommended format for presenting the process. A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law. Please add your file. Group Portion: As a group, you will take all the information that you have attained in the individual portion and decided to use for coordinating the information for briefing on the process at the federal court building. Your group is expected to produce a paper of 8–10 pages that will fulfill the following requirements. As you answer each requirement, you must provide support or evidence that will enhance and empirically prove your answers. Academic criminal justice articles or real-life criminal justice findings that are found in journals or other academic sources must be used in supporting...
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...to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is appealed. · Describe how e-filings are used in court. · Explain the use of arbitration and other nonjudicial methods of alternative dispute resolution. III. Key Question Checklist · Does the dispute or controversy lend itself to out-of-court resolution? · Once jurisdiction is established, was the proper sequence of pretrial steps taken? · Was the trial sequence properly followed? ·...
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...Investigations U.S. CONSTITUTION First, the Constitution of the United States says that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The wording allows judges and justices to interpret and apply this rule as they see fit. UNITED STATES ATTORNEY’S MANUAL The manual states that the United States Supreme Court has made clear this amendment to restrict the imposition of excessive bail without establishing a right to bail in criminal cases stating "the eighth amendment does not grant an absolute right to bail," United States v. Salerno, 481 U.S. 739, 754-55 (1987). The subject of bail and detention also entangles the Fourteenth Amendment's Due Process Clause, requiring that laws requiring pretrial detention must "serve a compelling governmental interest." In federal criminal proceedings, release and detention determinations are governed by the Bail Reform Act of 1984. This contains specific protocol that must be followed by judicial officers when considering whether or not the defendant is to be detained or released pending federal criminal proceedings. Section 3141(a), of Title 18, United States Code, states that judicial officers have the power to...
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...Criminal Justice Process 1 Criminal Justice Process Amber Parker Saint Leo University Criminal Justice Process 2 There are 16 processes in the Criminal Justices system. They are Intake ,First Appearance, Bail, Right To Counsel, Substance Abuse Evaluations, Pre-Indictment Events , Plea Bargains, Pretrial Intervention Program (P.T.I.), The Grand Jury, The Indictment Process, The Pre-Arraignment Conference and Arraignment, The Status and Pretrial Conferences, Trials, Presentence Investigations, Reports and Sentencing, Post-Conviction Motions, and the "TEAM" concept in Criminal Case Processing I will address a few of those process and how they work. The first process is the reporting of a crime and the arrest. The second process is Intake the Criminal Division of Superior Court manages criminal complaints from the time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an "indictment" by a panel of citizens gathered to consider evidence, called a "grand jury". Arrests can occur at the scene of a crime or based on warrants or sworn statements ordering a court appearance. All arrests must be based on "probable cause", or reasonable grounds...
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...State of Confusion BUS 415 Tanya Trucker, owner of a trucking company in the state of Denial, plans to file suit against the State of Confusion to challenge the State’s new statute requiring all trucks and towing trailers that use their highways to use a B-type truck hitch produced only in Confusion. Although Tanya’s business is located in Denial, she must use Confusion’s highways to conduct business. Tanya must incur additional business costs to comply with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the...
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...in the court process. For this assignment, create visuals to illustrate various aspects of the court system and process. Be creative with the visuals—you may create tables, matrices, diagrams, graphics, images, or any other types of visuals you would like. Each of the visuals may vary in style as well. Format any information, images, or graphics used from outside sources in the visuals consistent with APA guidelines. Select and complete one of the following assignments: Option 1: Court System Visuals Collection Option 2: Court System Presentation Option 3: Court System Handout Option 1: Court System Visuals Collection Create a collection of 4 to 6 visuals, such as diagrams, images, or matrices that illustrate and explain the following topics: • Major historical developments of the U.S. courts. • Dual court system of the United States • Steps of the pretrial process • Six steps necessary for appeal • Five philosophical reasons for sentencing criminals • Six forms of punishment Address all of the topics fully in your collection. You may combine topics in the visuals if they are associated. Option 2: Court System Presentation Create a 8- to 10-slide Microsoft® PowerPoint® presentation, with speakers notes, that addresses the following topics: • Major historical developments of the U.S. courts • Dual court system of the United States • Steps of the pretrial process • Six...
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...The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial Criminal procedure is the process of investigating, prosecuting, and punishing crimes (Scheb & Sharma, 2013). Criminal procedure includes law enforcement activities, including the arrest, interrogation, and identification of suspects. Criminal procedure also involves a process of criminal trial, in which a person is tried for their crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic...
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...State of Confusion Paper Diane M. Freeman BUS/415 April 12, 2012 Geneace Williams, J.D., Ph.D. State of Confusion Paper Tanya Trucker, who owns a trucking company in the state of Denial is unhappy with a statute enacted by the state of Confusion. The statute requires all trucks and towing trailers to use a B-type truck hitch in order to drive on the state’s highway. If a trucking company decided not to have the hitch installed, they would not be allowed to drive on the highway and would have to drive around Confusion. The statute poses added expenses on Tanya’s business and the only place to get the hitch installed is also located in the state of Confusion. To make things more unfair is the fact that the federal government does not have any regulations on truck hitches used on highways. Tanya’s plan is to file suit against the state of Confusion to overturn the statute. Tanya’s suit falls under the jurisdiction of the federal courts for two reasons. The first reason is that the suit has a federal question. Federal question cases address the U.S. Constitution, treaties, and federal statutes and regulations (Cheeseman, 2010). Tanya’s suit questions the state of Confusion’s right to enforce a statute of driving privileges on national highways. The second reason is based on diversity of citizenship. Diversity of citizenship jurisdiction is allowed when the parties involved live in different states or countries and this prevents state court bias against...
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...resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). In either traditional litigation or ADR, an objective third party decides the outcome of the dispute. In traditional judicial dispute resolution, a judge or jury reaches a verdict. In ADR, a third party typically decides upon a resolution or facilitates an agreement whereby the parties reach an agreement through compromise. This third party can take the form of arbitrator, mediator, judicial referee, or conciliator. The type of third party used and the method of reaching an outcome in ADR is determined by the earlier contractual clause, or at the election of the disputing parties. (Cheeseman, 2010). Contrast The judicial litigation process can be time-consuming, public, and expensive. Before a case goes to trial, the parties engage in a pretrial litigation process. This process includes “pleadings, discovery, dismissals and pretrial judgments, and settlement conference” (Cheeseman, 2010, p. 35). If, during the pretrial process, a case is not settled or dismissed it will go to trial. The trial process consists of jury selection, opening statements, the plaintiff’s case, the defendant’s case, rebuttal and rejoinder, closing arguments, jury instructions, jury deliberation and verdict, and entry of judgment (Cheeseman, 2010). In contrast, ADR is a quicker process, with terms the parties can...
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