Correction and Community Justice - Essay Example

Customarily, the suspect is arraigned before a judge a day or two following the issue of the warrant. Defense attorney represents the suspect, while the solicitor represents the state. The preliminary hearing involves the submission of facts of the case and the determination by the judge if the case can proceed to trial. At the plea stage, which follows preliminary hearings, the suspect is formally charged. The second hearing is conducted in front of a grand jury, consisting of eighteen natives after which a trial is held either before a judge and the jury or before a judge only.

If a “guilty” plea is arrived at, the judge passes a sentence on the accused, but in cases dealing with death penalties, the jury is mandated to pass the sentence. In a criminal court, the government (the plaintiff) institutes a suit against a person(s) suspected of going against the law. There should be a certainty for a “guilty” verdict to be passed. On the other hand, in a contemporary court, an individual (plaintiff) institutes legal proceedings against another (defendant).

Reasonable doubt is never a requirement.