Criminal Justice System Vs Preliminary Hearing

Any case that proceeds to a court hearing and expectation of judgement becomes the fight for justice which becomes a very critical entity. While it may seem easier with more online resources to get legal information, and it may save the defendant some money, self-litigating one’s own case in criminal court may cause damage and be a burden to the bench, the court, the justice system and even the defendant. At the end of a court hearing, it is the preceding judge or a jury that must make a conclusion which affects one side of the conflicting parties. Our justice system recognizes lawyers as the best people to represent a defendant in court. In recent years, self-representation in the court system has drastically increased. This move might be too risky for most defendants.

The first research question is: how can providing better resources and decent financial compensation to public defenders influence criminal verdicts for the indigent population? This question is important because dipartites in resources between public defenders and private attorneys may put the clients of pubic defenders at a significant disadvantage, which could lead to higher rate of conviction in the indigent population (Cornwell,2015). It is an important to study how supplying resources can influence a conviction in order to understand why improving funding in the system is particularly important.

Defendant argues that Congress did not mean to include defense attorneys in 18 U.S. Code § 1001 since defense attorneys have a duty to their client of loyalty. This duty would stop defense attorneys from revealing confidential information without the consent of their client. As a result, defendant argues, there has to be an exception for defense attorneys in court as they represent criminal defendants. Defendant argues the court to judicially make acceptance of 18 U.S. Code § 1001 for defense attorneys as they represent criminal defendants.

A preliminary hearing is held to determine whether there is probable cause for the defendant to be held in violation of their release terms. The preliminary hearing while governed by the normal rule of procedure for trials, judges tends to be flexible in procedural matters (Palmer & Palmer, 2014). Additionally, during the hearing the defendant is entitled to question witnesses, adduce evidence on his behalf and to defend themselves against the charges. While the hearing need not be conducted by the convicting judge, procedurally the hearing is held in the court that convicted the

In my Criminal Law class, I learn that the Preliminary Examination which can also be called a “Preliminary Hearing” is a hearing before a judge of the Municipal Court where the DA has the burden of proof to show that there is cause for the defendant to be bound over for trial in the Superior Court. This process involves the presentation of evidence as to the commission of a crime d the like hood that the accused is responsible for it. Most of the times, victims call the office or want to know more information about the criminal justice system and they want to know when do they have to show up in court. The Preliminary hearing is typically the first time that a victim is called to court and we have to inform the victim that their testimony is generally limited to that which is necessary for the judge to issue a

However, if one side is lacking resources to afford good representation, then the court appoints an attorney, usually a public defender. This defender ends up misrepresenting the defendant because of the lack of resources to investigate each case properly and time to spear per case. Looking at the first choice which talks about the rights of the individual versus the common good we conclude that United States operate under the Crime Control Model which advocates for swift prosecution of defendant in attempts to stop criminal activities from reoccurring. However, if one is clearly misrepresented, then justice cannot be served. In many cases individuals and their families lose faith in the justice system because they see how insufficient it is. Such disbelief might correlate with increased recidivism rates and national crime rates in general.

During a preliminary hearing, an accused individual and his or her lawyer will present the defendant's case along with any evidence and witnesses that are available. The prosecutor, which is the government, will also present its

The 4th Amendment requires that a probable cause hearing be held if an arrest is made without a warrant. The purpose of the probable cause hearing is to determine if there is probable cause to hold a person in custody. To prevent prolonged confinement the probable cause hearing is usually held quickly to determine the validity of the arrest charges. A neutral party needs to determine the validity so that the suspect is not detained unnecessarily as detainment affects their income and family.

The pretrial process is basically a meeting that takes place prior to trial. It is held before a trial judge or a judicial officer or someone that possess less power than a judge. In both criminal and civil cases a pretrial conference may be held. This is usually ordered by the courts. This is usually conducted because this may help expedite disposition of the case, help the court manage the case better, get rid of and wasteful information, and help prepare the quality of the trial.

A preliminary hearing is held before a magistrate or lower court judge. It is this stage of the pretrial process that the prosecutor is required to present its case in order for the judge to determine if there is enough evidence against the defendant to proceed to trial. The defense attorney for the accused has the right to challenge the evidence and cross-examine any witnesses. After the hearing, the judge will decide if there is enough probable cause to proceed to trial. If the judge decides probable cause is lacking the case is dismissed and the defendant is released. If sufficient probable cause is found the case will proceed to trial and the prosecutor’s information or formal charging document will be filed with the trial court. Every

Moreover, privilege is essential to maintain effective legal advice through the lawyers’ promise of privacy and honest client disclosure.9 And by giving there attorneys all applicable information, clients enable their lawyers to give them the widest array of legal advice as possible.10 In addition, given the law’s intricacies, privileging attorney-client communications enables a client to put forth his or her best case.11 The attorney-client privilege is especially important in a criminal case, where the government can use all of its powers against an individual, and the stakes are higher than in a civil context.12 The defendant or criminal should not be denied the opportunity to enable his lawyer to compete adequately in the adversarial

1. A defense counsel is a professionally trained and licensed attorney of law, whose job is to represent the defendant in the criminal justice system. Defense counsels are needed to ensure the defendant’s civil rights are protected, and to present the best case possible. They are responsible for providing the defendant with legal advice, counsel, and representation during criminal trial.

Before we get started ask yourself just one simple question, why would a criminal offender waive their right in obtaining a lawyer and advance forward representing themselves during their criminal trial? After we have taken a couple of minutes to process the above question, the majority of individuals will state that there really is no verifiable reason why someone would turn away counsel unless they were mentally incompetent. Over the years, courtroom proceedings have taken place where individuals like Ted Bundy and Colin Ferguson have made national headlines where they both choose the path of self-representation. However, not only do outsiders recognize self-representation can have a huge impact on one’s case, but all the court systems as well have gained a complete understanding that choices like this can affect one’s future. With society growing more studies and statistics are being developed in regards to what a criminal offender is thinking and why they choose to represent themselves in the court of law.

The preliminary hearing is an important part of the judicial system but under the federal constitution and various state laws, it is not required by the constitution. The defendant also has the right to counsel under the sixth amendment. Under the preliminary hearing statue, the prosecutor may show probable cause to arrest and the evidence can also be admissible at trial. The preliminary hearing typically takes place after the initial appearance, the Gerstein determination, and the bail hearing. In the preliminary hearing, the judge can also decide if there is enough evidence to send the defendant to trail. In Lem Woon v. Oregon (1913), the court refused to apply the Fifth Amendment’s obligation that only serious

According to (“How Does a Grand Jury Work”, 2017), a grand jury is when 16 to 23 people random people are selected in their community to serve jury duty at the courts. However, this action is mandatory and is known to be the first procedure in a criminal trial. The role that the grand jury performs is to work with a prosecutor to make a decision by observing a crime that was committed, as well as trying to make a decision on whether or not that individual is guilty or innocent using the “facts” of the case. The proceeding of the grand jury is a lot calmer than a regular courtroom proceeding. Although the proceeding is to be strict and confident, this helps encourage the witnesses to speak freely without being fearful and thinking that someone will try to retaliate on them. It also protects a potential defendant’s reputation; just in case the jury does not see it is the right thing to agree on to indict the individual. The reason for this is because there is no judge present or any lawyers unless the defendant requests his defense lawyer to be there. The prosecutor will be present. The prosecutor will also give a better understanding of the law to the jury, and introduce themselves as the person that will assist the jurors with collecting and understanding evidence, as well as hearing testimony.