There is also the pretrial motion where the defense attorney can seek an exclusion for irrelevant prosecution information as well as evidence that does not go with the case in order to take it to a trial court. After this is done then there is the criminal trial of the case. Unfortunately, for Mr. James the judge in the part of the trial will make the decision on whether he gets life in prison or the death penalty if it is still available but the jury in the case if he decides to have a jury trial will determine if he is actually innocent or guilty of the charges that are before them. However, if Mr. James attorney feels that he was not guilty he/she can apply for an appeal. He/she will then have to file an appeal to the higher court and give them all of the evidence surrounding the case that they feel was wrong or did not give
After the arrest or citation comes the prosecution and pretrial. The prosecutor considers the evidence by the police and makes a decision whether or not to file charges against the accused. If charges are filed, the first court appearance is held. The accused will then appear in court and be informed of their charges and rights. The judge will then decide whether there is enough evidence to hold or release the accused.
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.
Further when one talks about the superior court the entire case is decided by a grand jury. They look into the merits and demerits of the cases and usually the grand jury is a group of citizens. They hear the evidence presented by the prosecutor. If there are reasons to believe that a crime has been committed or once they are reasonably satisfied with the arguments put forth by the prosecutor, they usually issue what is known as an indictment. The accused is then notified of the same and must make himself present in the superior court on the date and time set by the first court.
The jury, led by the foreman, gives the verdict to the judge in open court. If the verdict is guilty, the defense attorney may choose to ‘poll the jury.’ He asks each juror his personal opinion, and in a few cases, a juror’s doubts re-emerge to cancel the verdict. This rarely happens, but if it does the result is a victory for the defense. A criminal trial is a complicated but closely choreographed event. Almost nothing happens without proper precedent, and even the most factually guilty defendant can be sure of having at least a small chance of getting “off the hook.” The unbiased trial is a constitutional institution that may not always make sense to the average person, but that reflects the value of justice in American society.
After the criminal charges have been given to the prosecutor they will then decide what charges will be given for what the evidence provides. The next step is a preliminary hearing, the U.S constitution states that before a trial can take place the government must first prove probable cause (Fagin, 2014). The fifth step of the process is an arraignment this is before a trial, the individual will be brought in (arraigned) this is where the charges will be presented to the person charged. After that a person will be granted or not granted bail, which is a money bond to ensure the return of the individual for their sentencing. If a person cannot afford bail they will be housed in the facility.
A defendant is the individual that has been charged with a crime and is standing trial. A defendant in a criminal trial is usually under the custody of the justice system, having been arrested and escorted to the trial. It is up to the defendant to hire an attorney or his defense to represent him during the trial. A defendant is protected under the Constitution to have the right to have an attorney appointed to him if he can not afford one. When the Miranda Rights are read to one that has been arrested it states, “You have a right to an attorney.
When a prosecutor is deciding whether a case should be prosecuted in the courts and charges should be filed against someone, prosecutors consider two important questions: Is it in the best interest of the public to proceed? And, is there a strong reasonable likelihood that there will be a conviction? If the answer to both are yes, then there is the task of deciding whether there is enough evidence to prosecute the case and whether the evidence is reliable and can it be used in court. This means carefully assessing the quality of the evidence from all related witnesses before reaching a final decision. Grand jury indictments will be presented by the prosecutors only when and if a criminal case has not been diverted, downgraded, or dismissed.
A jury consists of twelve persons when it comes to serious felonies and six members when it is only a misdemeanor. The reason why the judge gave them the facts on the law was to help them deliberate after the case was over to establish whether the accused person was guilty or not. The judge was referred as to your honor by the counsel, the accused and the prosecution. Additionally, there was the judge’s associate whose duty was to swear in the jury, keep the trial exhibits during the court proceedings and record the court verdict at the end of each trial. There was also the judge’s tipstaff whose work was to announce that the court was in session as well as swear in witnesses.
In a criminal case, the Crown prosecutor must prove the defendant’s guilt "beyond a reasonable doubt." This means that at the end of a trial the judge or jury can only find the defendant guilty if they are left without a reasonable ... ... middle of paper ... ...th a great deal of malice directed toward the victim. And to convict in the criminal court, the case against the defendant must be proven beyond a reasonable doubt. In a civil case for wrongful death, on the other hand, you have to show only that the defendant was legally responsible for the death. But, to get punitive damages, as the plaintiffs did in the O.J.