Trial Proceedings

College
Research Paper
Law
Pages 4 (1004 words)
Download 0
The process of criminal justice in the United States involves various steps, starting from the criminal investigation of the crime and concluding with the release of the convicted offender from the correctional supervision of different sorts (Hudis, 2010). In the core of this…

Introduction

1. Investigation of the crime by the police force. This is done to gather the evidence which will identify the suspect in that certain criminal case and will support the arrest. Search – inspecting a certain property or a person – is an important part of the investigation. A standard of proof that is required for search is probable case. Probable case refers to the existence of facts that would indicate that there is evidence of criminal play found at a certain place.
2. If enough evidence is found to make a case, the arrest of the suspect by police force follows – the person charged with a crime is taken in the custody to be held as a suspect until the court rules on this case. To make an arrest, a legal requirement is that of probable cause. Probable cause refers to the existence of a reasonable link between the suspect and the alleged crime.
3. The prosecution of defendant (criminal) is done by the district attorney. To charge the suspect with a crime, the prosecutors have to weigh different factors like the evidence’s strength and the seriousness of crime/offense that defendant is being charged with.
4. Indictment by grand jury or information filing by prosecutor. When prosecution is done for capital offense, an indictment is a necessary requirement under the criminal procedure’s federal rules. A prosecutor has a choice of information or the indictment in the cases that have imprisonment as punishment of the crime. In almost half of the states as well as the federal system, it is the grand jury’s decision whether or not to bring the charges up in a closed hearing against the person if evidence is provided only by the prosecutor. The defendant holds no right of being present at proceedings of the grand jury or get representation by a defence attorney in front of the grand jury. Probable cause is a standard to indict the person for a certain crime. In other states, charging ...
Download paper
Not exactly what you need?

Related papers

Trial book-Advocacy
It commenced on January 23, 2012 and lasted for nine days and closed on February 2, 2012. I witnessed the proceedings from the public gallery and therefore, would comment on the trial as a neutral observer. The hearing on sentencing took place on March 8, 2012 at which I was present.1 In order to protect the right to confidentiality of those involved in the proceedings, their names had been…
Criminal Justice System
Prison life is not an easy life, prisons are basically made to correct human behavior, but the current conditions of US prisons is very bad and instead of correcting human behavior, prison life further ruins prisoner’s behavior. In US prisons individuals experience loss of freedom of life, they are restricted in jails that are even smaller than the bathroom size of an individuals house.…
Cameras in Court Rooms Distort the Trial Process
In UK, citizens do not only watch parliament proceedings but also court proceedings without having to attend in person. On the other hand, they also watch debates in the House of Lords and House of Commons on terrestrial television. In UK, trials of well-published are often televised as either news reports or separate documentaries (Brill, 1996, p.51). A channel that only airs criminal justice…
Trial Proceedings Research Paper
There are various steps involved in the process of criminal justice; the basic ones involved are: 1. Investigation of the crime by the police force. This is done to gather the evidence which will identify the suspect in that certain criminal case and will support the arrest. Search – inspecting a certain property or a person – is an important part of the investigation. A standard of proof that…
Fair Trial Paper
On the one hand the press not only act as an observer and recorder of the trial, but on the other hand, the press can present a distraction which can compromise the defendant’s right to a fair trial (Pugsley, 1997). The main purpose of the 1st Amendment’s freedom of the press and free expression is to provide safeguards against “restraints” in publications and to promote the concepts of…
Courtroom proceedings
County courts essentially handle legal issues on a county level. They are also known as people’s courts since people within a county are inclined to take up legal issues first in a county court (Baum, 2012). County-level courts could handle various criminal and civil issues. This type of courts mainly focus on issues which are minor as higher courts handle major issues for instance felonies…
Trial Proceedings
1. Investigation of the crime by the police force. This is done to gather the evidence which will identify the suspect in that certain criminal case and will support the arrest. Search – inspecting a certain property or a person – is an important part of the investigation. A standard of proof that is required for search is probable case. Probable case refers to the existence of facts that…