Pretrial Dention When a crime is allegedly committed an individual can be taken into custody‚ after the arraignment which is the formal reading of a criminal complaint in the presence of the defandant to inform the defendant of the charges against him or her. In response to arraignment‚ the accused criminal is then excepted to enter a plea. Then the accused may not be able to post bail/bond or even be denied realase. This indvidual must stay in jail until his court hearing‚ the time the person
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PRETRIAL PROCESS This outline is to show the Pretrial process. Above all else we need to be aware of the suspects Sixth Amendment rights. The right to a lawyer- This right is given to all. This is a guided hand for the defendant. Prosecutions decision to charge After arrest the government has the decision on whether to file charges or not. If they decide to charge then they will file an indictment‚ Based on the facts. Reviewing the charges Once the indictment is filed in the lower
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THE LAW REGARDING BAIL IN KENYA AND ITS PRACTICE Introduction Bail is one of the rights protected by the Constitution‚ based on the notion that one is presumed innocent by the law until proven guilty. In general‚ an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However‚ the court has the option of releasing the individual before that determination is made‚ and this option is called bail.1 Bail is set by the judge
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Despite numerous efforts to reduce torture during police custody and pretrial detention‚ it is still a remaining issue around the world‚ mostly occurring in the LEDC countries. It is debated heavily for a clear and myriad different kind of consequences across the world‚ but yet there hasn’t been any clear resolution to this problem. Although the practice is banned currently‚ however there are still countries which take place such as: China (Solitary Confinement)‚ Egypt (beating)‚ Iran (sleep deprivation)
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Pretrial and Trial On T.V. pretrial receives very little attention but is an important aspect of the criminal justice process. There are seven steps to the pretrial process including‚ arrest and booking‚ the criminal complaint‚ arraignment and plea‚ probable cause hearing‚ discovery‚ pretrial motions and plea bargaining. First is arrest and booking‚ this step begins one of two ways. One is the typical way of making an arrest and the second way of the process starting is by having an arrest
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through bail bonds. Bail bonds are basically contractual undertakings between the person posting bail and the bail bond broker. With the bail bond‚ it is the responsibility of the bail bond broker to promise the appearing of the defendant in court when summoned. It is usually kith or kin who contacts the bail agent for the release of the defendant through a bail bond. The bail amount for the defendant is decided by the judge‚ where the bail agent receives a percentage of the amount. Once the bail bond
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understand how the system works and what are the sequence of events in the Criminal Justice System(CJS). Below is the diagrammatic representation of the sequence of events that follow in the CJS. As the scope of our project has been restricted to the Arrest and Pretrial process the focus of our research was these two phases and the decision points that fall in these phases. To start off it was essential to understand what is Arrest and Pretrial process and what these processes entails.
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Using the issue of bail/remand‚ complete a practice piece of writing. The legal concept of bail refers to the conditional freedom of a person charged with a criminal offence. The purposes of bail are to protect society from potentially violent and dangerous offenders and to minimise the amount of inmates held on remand. The decision to grant bail is made by a magistrate in a formal bail hearing held in the local court. Under certain circumstances police can grant bail. Bail is a crucial part of the
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What activities are typically undertaken during the pretrial period? (That is‚ before the start of a criminal trial)? A activity that happens during a pretrial is the first (initial) appearance‚ meaning that they have to make an appearance before a magistrate or lower-court judge where which the lawfulness of the arrest of the suspect has been initially reviewed and the suspect is informed of the charges they will be facing‚ meaning that they will be informed and given the formal charges‚ they
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Pretrial Publicity allows for the media to put out information about a person on trial before the case even takes place. This type of publicity can be very effective‚ but it can also be an invasion of personal rights. In the case of pretrial publicity there are conflicting rights such as freedom of press and the right to a fair trial. These rights are essentially equal‚ but does the freedom of press impose on the right to a fair trial? Jurors are people from the public‚ who are not to have any prior
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