Preview

Pre-Trail Procedure Case Study

Satisfactory Essays
Open Document
Open Document
124 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pre-Trail Procedure Case Study
Pre-Trail procedures begins with the arresting of the suspect and ends with a criminal trial. The prosecutors, judge and defense attorneys all play key roles in those procedures. For examples prosecutors in the Pre-Trail stage “particularly those operating under a trail sufficiency screening policy, are concerned about the likelihood of convictions. (Craig Hemmens, 2017)”
As for the Judges they decide if there is enough probable evidence to proceed with the case. Finally, the defense attorneys make arguments that certain evidence and certain individuals should be kept out of the criminal trial. I personally believe that the Judge has the most important role during Pre-Trail hearing because they have the final say on what can and will happen

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Trial – If the defendant pleads not guilty, a trial is held The judge at the defendant’s request. Sentencing – If the defendant is found guilty, the court imposes the appropriate punishment. Next is called a Appeals – from decisions of limited jurisdiction courts go to superior court, appeal may be heard as a new trial.…

    • 373 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Checkpoint #6 Cjs/200

    • 337 Words
    • 2 Pages

    First I will start off with the one who has all the authority, the judge. The judge is the one who makes all the rules. Next is the prosecuting attorney. The prosecuting attorney may also be known as the district attorney, state’s attorney, county attorney, commonwealth attorney or solicitor. The prosecuting attorneys duty is to conduct criminal proceedings on the behalf of the state or the people against those accused. The three main roles of the prosecutor are investigating crimes, to decide whether or not to instigate legal proceedings and to appear in court. All of the duties of a prosecutor may become too much for one person to handle so they supervise a staff of assistant district attorneys who do most of the work in the courtroom. The prosecuting attorney determines which cases to pursue by the amount of evidence that they gather. If the attorney cannot find enough evidence to get a conviction then they may make the decision to drop the case. Next is the defense attorney. The defense attorney is the one who represents the one being accused of a crime. Public defenders also represents those accused of crimes, however they are state employed lawyers.…

    • 337 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    One of the important roles a judge, a criminal prosecutor, and a criminal defense attorney will carry out is called, a “courtroom work group”. The courtroom work group interact on a daily basis by these three entities joining together to converse over matters such as if the case has probable cause to convict the offender or whether or not if there is enough evidence to go forward with a criminal trial. Normally, the prosecutor will try to persuade the defense that they do not have a case or try to talk the defense into a guilty plea or possible bail. In other words, anything they can do to speed up the process with various types of negotiations. The judge has to remain ethical and fair to see both sides of the prosecution and defense to determine if the negotiations are valid enough to go through with. Even though the judge, prosecutor, and defense attorney are the main officials of the courtroom work group, we cannot forget about other members that play a part as well. The minor (respectfully) members or other members that make up a courtroom work group are the court clerk, the bailiff, and the court reporter. The court clerk upholds all the records while the court reporter makes sure he/she transcribes the official proceedings. The bailiff helps to keep court order throughout a trial. Although I can understand how the main officers discuss the case and try to solve it without a trial, I feel that every case should be heard. The major problem with this though is time and money. In order for every offender to have a case without the prosecutor trying to convince the defense into something else, there would have to be a lot more courthouses with a lot more main officers. The only way this would ever happen is to hike up the taxes and no one wants their taxes to increase.…

    • 1708 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    CJUS 330

    • 2002 Words
    • 7 Pages

    Judges: in state courts they are elected by the voters. Federal judges are nominated by the president. Judges are the ultimate authority figures in the courthouse. Only they can set bail, instruct jurors, and impose sentences.…

    • 2002 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    They hear preliminary hearings for all criminal cases, but they then transfer indictable offences, some either way offences that are outside their sentencing powers, or are particularly complex, and applications for bail to the crown court. Magistrates also accompany circuit judges in hearing appeals against conviction/sentencing from the magistrates in the crown court. having the magistrates in the appeals helps them to gain further knowledge on how laws should be interpreted and which sentences are appropriate for which crimes so the same mistakes are not repeated.…

    • 489 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    the of the arraignment hearing. The defense attorney will consult with the client, decide on an…

    • 1017 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    In the courtroom there is a group of key players that work together on a daily basis. They are made of a group of professionals. These professional are those who know all aspects of a criminal trial and they work together in performing the duties of the court.…

    • 328 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Every case starts with an alleged crime. In the Sandoval case, the crime was murder. Sandoval was soon put into the system after he was arrested. After the arrest, Sandoval would have been book and then gone to his first appearance hearing where he is informed that he was getting charged with first-degree murder. Next would be the preliminary hearing where the defense would have received an arraignment, formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty, not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that…

    • 1340 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Jodie A

    • 1647 Words
    • 7 Pages

    The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys make great efforts to ensure justice is served swiftly and fairly, thus creating a strong and effective criminal justice system.…

    • 1647 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The deal with the judge in the same manner as the rest of the people involved in the court room by showing the upmost respect and following the rules that are enforced by the judge. The interaction with the prosecution can at times be a bumpy ride due to the fact the prosecution will do what is necessary and at times can slip away from playing by the rules. The defense will find holes in the prosecution and provide the information to their client. At times some of the actions can lead to a person who may be proven guilty the chance to walk due to the fact of the rights being broken. The defense does what is best for the client with the information provided and the ability to enforce that their client is being treated to a fair trial.…

    • 1288 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    In the investigation stage evidence is collected from the scene of the crime. In the warrant stage the judge issues a warrant for the police officer to make an arrest it also covers the police officer from any damages. In the arrest stage an arrest is made to either an adult or a juvenile and they are taken into custody. In the booking stage there are photos taken, fingerprints are taken, and other personal information about the person who was arrested. In the first appearance stage they are notified of the charges, told their rights, given the opportunity to retain a lawyer or have one appointed to them. In the preliminary hearing stage this occurs before a judge, allows the defense to assess the strength of prosecution's case. In the information/indictment stage a formal written accusation is submitted to the court from the prosecutor. In the arraignment stage a hearing before the court having jurisdiction in a criminal case in which the identity of the defendant is established, said defendant is informed of the charges against him or her, the defendant is informed of his/her rights and requested to enter a plea bargain. In the adjudication stage examination of the issues of fact and law for the purpose of reaching a judgement of conviction…

    • 476 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome. When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial.…

    • 1226 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The state Trial Courts are responsible for the arraignment of the defendants at the beginning of a case, selecting a jury among potential jurors, hearing the case from the accused side and the defendants side to effectively evaluate the evidence as according to the legal guidelines. After the hearing and evaluating the presented evidence, the state Trial Court is responsible for determining the facts of the case. When facts are determined the State Court is responsible for pronouncing the judgment, basing it on the facts and the legal guidelines. After making the ruling, the state court is responsible for imposing a sentence to the person found guilty.…

    • 322 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    There are many parts of the courtroom work group professionals who successfully pursuit justice and the process of convicting a criminal. The courtroom work group has a major role in convicting and finalizing a case. In the courtroom work group, there are three groups of people that hold the entire courtroom together. Without the work group, the courtroom would not flow, and coming to a conclusion to the case would not be as easy. The work group is made up of the Judge, the Defense Attorney, Public Defender, Court Recorders, and the Prosecutor Attorney. Which all are part of the courtroom work group which they work together to reach a decision, in the case by interacting among themselves and who’s involved an implicit recognition and rule of civility, cooperation, and sharing their goals. There are many roles in the work group, and if they are not all followed through with then the results could be different than what they should be. In this paper, we will look at the roles of the prosecutor, how the criminal justice funnel effects the courtroom work group and what will help eliminate the funnel and reduce the backlog of cases.…

    • 1422 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    As the Eighth Amendment protects against the issuance of an excessive bail, there is no “absolute” guarantee of a pretrial release although as the justice system asserts that a suspect is innocent until proven guilty. That said, it is stated that the courts base the issuance of bail and thus release on the strength of the prosecutor’s case in addition to the actions of the suspect in his interactions with witnesses /law enforcement and the securing of evidence. If the courts find that the suspect is hostile, seeks retaliation or otherwise seeks to intimidate witnesses or destroy evidence, pretrial release is denied (Zalman, 2011).…

    • 380 Words
    • 2 Pages
    Good Essays