Stages of a Criminal Trial
CRJ:100/Introduction to Criminal Justice
Professor Matthew Burleyson
February 8, 2012
One particular case on March Two Thousand seven a trail that lasted seven teen days in South Florida that brought the jurors to tears when a forty eighty years old man call John Evander Couey that kidnapped Jessica Lunsford in Two Thousand Five, sexual assault and murder her. Jessica Lunsford was a nine year old that stayed next door to the subject that murder her when the detectives testified that Couey had tied the girl up with speaker wire and wrapped her in a garbage bag before burying her near her home still a live holding on to her stuffed dolphin. It took four hours for them jurors to come back with a guilty verdicts on Couey, the subject was a convicted sex offender already before the murder of the victim he had admitted before the trial he had killed Lunsford. His confession was thrown out by the judge because the police had made an error by not having a lawyer present during his confession although the psychologist testified that Couey showed signs of mental illness and retardation. The jury that convicted him convened again the trial sentencing phase recommended that he be put to death a recommended by Judge Richard Howard for his part.
The First Appearance
After the arrest most defendants don’t come in contact with an officer of the court until their first appearance of a magistrate or judge of the court. When they are brought before a judge they are given a copy of their charges, be advised of their rights, they get the opportunity to get a lawyer or their own, then here come the bail which they will try to make. Any time u takes a person into custody he must be offer a court appearance before a magistrate without delay. That amendment was put in effect in nineteen forty three by the U.S. Supreme Court case of McNabb v. U.S.
A pretrial hearing is when one goes before a judge to be release depending on what the person did if he committed a serious crime if he committed a serious crime then he will not get out and he will stay in there till he go to trial because he might be a flight risk. The (DA) Defense Attorney has to make the decision on two types of risk one is flight or nonappearance for court appearances and two is the public safety. And there is fore key factor the judge or Defense Attorney also like at one is the seriousness of the current charge, the defendant’s prior criminal record, Information about the defendant, including community and family ties. The supervisor options if the defendant is released. Bail & Bail Bonds
Bail is the most common release/detention decision in America courts, Bail serves two purposes. One is the ensure the reappearance of the accused, and prevent unconvinced individuals from suffering imprisonment unnecessarily. Bail Bonds involves cash deposit or property and valuables. A secured boned requires the defendant to post the full amount of bail set by the court. A bail bondsman charge about ten to fifteen percent of the bond as a fee that has to be pay up front and then there is those that skip bail, by hiding or fleeing and when they do that the court can forfeit their bail. Alternatives to Bail, there are seven, one Release on Recognizance, Property Bond, Deposit Bail, Conditional Release, Third party custody, unsecured bond, and Signature bond.
ALTERNATIVE TO BAIL
Is the Eighth Amendment to the U.S. Constitution that does not got guarantee you the opportunity for bail? But some studies however, have found that many defendants who are offered the opportunity for bail was unable to raise the money. Thirty years ago, a report by the National Advisory Commission on Criminal Justice Standards and Goals found that ninety-three percent of felony in the jurisdiction was unable to make bail. To extend the opportunity for pretrial release of nondangerous...