The Court Proceedings Before Trial Essay

The Court Proceedings Before Trial Essay

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In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment is held to inform the defendant of the charges against them and the settlement of bail or detainment.
In the majority of cases, defendants are released on bail while they wait for trial or the results of a plea bargain. Bail is often left to the judge’s discretion and depending on the seriousness of the offense, the judge can act accordingly to the bail sentence, whether it may be a money bond or a mere promise to appear in court. The judge also has the authority to deny a defendant’s bail if deemed a danger to society. I personally believe the preventive detention act is important, especially in cases of high risk witness to testify against the defendant. U.S. v. Salerno is an intriguing case involving the captain of the Genovese crime family. Charges against Mr. Salerno demonstrated several accounts of racketeering and also alleged murder. Given such a high risk target, the courts rule to confine Mr. Salerno was important to protect society.
The right to counsel is the proceeding of event...


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...ic threats. The techniques implemented under this doctrine have given government officials immense freedom to act on their own means. Roving wiretaps is a surveillance technique used to target specific individuals rather than devices. Under probable cause counterintelligence officers can engage in lawful surveillance of the immediate target. Sneak-and-Peek search warrants allow officers to enter private places without the owner consenting or even knowing about the search. Under the Patriot Act, the fourth amendment is ineffective.
In detainment, suspected terrorists are interrogated to prevent further harm and to gather information to prevent future attacks. Typically, officers do not give the suspect their Miranda rights until an exception is met. Advancing to trial, terrorist suspects are either tried in ordinary courts or for war crimes by military commissions.

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