Federal Bail Reform Movement

The United State Constitution and state constitutions, as well as criminal rules of procedure for state courts, provide that Bert can be held for only a limited time on the basis of an arrest and criminal complaint. In order for the court to continue holding a Bert in custody, the court must conduct the preliminary hearing within the amount of time prescribed by state law and issue a formal charging instrument, sometimes referred to as"criminal information." If the preliminary hearing is not conducted within the time prescribed Bert must be released. Then if Bert has been released on bail or "own recognizance" ("OR"), the court can conduct the preliminary hearing at a later time. However, the preliminary hearing must occur within a reasonable time after arrest. An unreasonable delay violates Bert's federal constitutional sixth amendment right to a speedy trial. If Bert is arrested or charged in a criminal complaint and the prosecutor's office or the court does not schedule the preliminary hearing until months or years later, the case can be dismissed because of the delay. The judge must review the circumstances of the delay and determine whether the delay was unreasonable and, therefore, violated Bert's constitutional right to speedy trial. Bert's preliminary hearing is somewhat like a mini trial. The prosecution

The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the

I specifically chose this internship experience because previously, I held internships at Flood Law, a defense law firm, and the Macomb County Prosecutor’s Office and I figured this internship is a progression. I was definitely interested in exploring the different areas in law to figure out what it is that I wanted and did not want to do and this internship, by far has helped me do that. This internship experience has shaped my career ambitions, as I will further go into detail during the duration of this paper, by allowing me to be exposed to the different areas of law, which then made me decide on what I found to be interested in and areas I did not so much

Facts: Defendants were arrested after being charged. They were charged in a 29 count indictment alleging various RICO violations. These included mail and wire fraud offenses, extortion, and criminal gambling violations. At Ds arraignment, government moved to have them detained based on the Bail Reform Act of 1984. The government moved on the grounds that no condition of release would keep the safety of the public.Government made a detailed progger of evidence. This was based mostly on conversations intercepted by court ordered wiretap that found the two Ds had been part of wide-ranging conspiracies. Salerno opposed the motion and challenged the credibility of it and the government’s witness. D offered testimonies of many witnesses and a letter

Release of an accused pending trial on the accused’s written promise to appear at all required court proceedings is a mode of pretrial release known as the accused’s personal recognizance.

As the internship program and the training intended, I have learned much related to my major, Criminal Justice. This internship helped me to acknowledge that qualified, knowledgeable professionals are needed by our complex society to define, administer, and put our rules and standards into force. Like jobs in any other field, to work in the field of law requires expertise. Trained experts are the most desirable to be hired by organizations, tasked to manage justice, to direct their operations. By writing articles for the legal website, I learned to assess law enforcement situations orderly. I learned to make use of the basic legal and management theories to analyze the situations. I got the opportunity to show my understanding of the key process in the U.S. criminal justice system. I also learned to combine approaches from management, law, and the behavioral science to apply them to the situations I was studying.

people in there are people waiting for their trial. The average delay between arrest and

In the essay "Prison "Reform" in America," Roger T. Pray points out the much attention that has been devoted to research to help prevent crimes. Showing criminals the errors of their ways not by brutal punishment, but by locking them up in the attempt to reform them. Robert Pray, who is a prison psychologist, is currently a researcher with the Utah Dept. of Corrections. He has seen what has become of our prison system and easily shows us that there is really no such thing as "Prison Reform"

From its early inception as a necessary aspect of modern society to its broken state that can be seen today, the American penal system has changed radically in recent history from an institution that performed the duty of safeguarding the public from those too dangerous to be left unsupervised to a business model concerned more with generating a profit for shareholders. With a 500% increase in inmates that is rivalled by no other country, the United States leads the world in imprisoning a fast-growing portion of its population. It is without a doubt that adverse changes in policy regarding imprisonment along with the formation and privatization of the prison industrial complex contributes substantially to the state of mass incarceration in the United States and will continue to shape its future for the years to come.

The First Appearance- this is the step where someone is brought before the judge and the defendant is informed of the charges that against him or her, rights advisement, right to have a lawyer or if they can’t afford one , then they have one chosen to represent them, and if possible have the right for bail. This pretrial activity takes place in a magistrate court. Probable cause determination is when a judicial officer will look and check police documents and make sure they obtained reasonable evidence that can be supported in the cause of the arrest. If probable cause is not presented in the court then the defendant is released. Probable cause determination is a key part in the first appearance.

Laws tend to make the lives of every individual safer and pleasant. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. How these safeguards to the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel will have on the day- to- day operation for juvenile and adult courts.

If you’ve been charged with a criminal offense and taken to jail, most cases other than some capital crimes like murder or rape, will have a bail amount set by the judge. Understanding your rights to have a reasonable bail amount set, plus how to arrange bond will be initially established at your first appearance.

A Pretrial system flow chart was made. The chart starts at the beginning when someone is arrested. Then the law enforcement officer has to make the decision in the community to cite this person to attend court or make the decision that they need to be jailed. The flow chart then shows what the process is for that person should they be booked, detained, and then go through the pretrial process.

The criminal justice system, although in theory should be focused on the due process model, seems to operate under the crime control model. In which prosecutors use their discretion to make plea bargains for the highest charges and quickly move cases in and out of the system. Defense attorneys on the other hand are so overloaded that they struggle to give their clients 100% of their efforts, therefore, they must spend their time negotiating pleas to try and satisfy their duties. This analysis will directly look at Cook County’s courts system in regards to its use of the crime control model, prosecutors discretion, and the defenses negotiation for pleas.

During this day I was able to observe on how to make a report for the arrest at the county jail and what information had to go on the report. There had to a summary what had happened, the information from the detainee, and the affidavit report that goes to the judge. During this day I was also able to see what the procedures that the jailers have to follow are. First they get all of your information and your finger prints, and then they search you for anything that is not allowed after they confiscate everything that you had and they put them in a vacuum sealed package that is place in a secure place after that they give the detainees there jail apparel and take their picture. During this internship I was able to experience how well this deputies were well trained for their job and how much experience they had which could help me understand what the life experience of a deputy is like which could help me make a decision in what agency I would like to work for in the