Essay on Legal Rights Afforded to the Accused

The court can either choose to do a preliminary hearing or grand jury for John's first appearance.. In a preliminary hearing is conducted with no jury and the judge is the fact finder. A grand jury hearing is where the prosecution presents the case to a group of citizens outside the presence of the defendant and they (the grand jurors) are asked to determine whether probable cause exists based on the evidence presented to them by the prosecution.

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

From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.

In America’s justice system, a grand jury is a group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged (Gaines G-4). In the Central District of California, prospective jurors who report and are not excused or postponed, the Jury Clerk will use a computer program to randomly select 23 members and ten alternates for each grand jury. A grand jury designated “investigatory” meet for a 12-month term, while a grand jury designated “accusatory” meets for a 6-month term. A grand jury has 23 members and meets once a week, always on the same weekday. Grand juries do not meet on weekends or Mondays. The average workday is 5 hours. Absences for medical appointments, vacations, graduations, etc. may be accommodated, but 16 members must be present for the grand jury to conduct business. The grand jury serves the United States District Court, Central District of California. In contrast, a trial jury is asked to reach a verdict based on the evidence presented during a civil or criminal trial; a grand jury meets in secret to consider whether there is sufficient evidence to justify a formal criminal charge against someone. That formal criminal charge is called an “indictment” (Central).

In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?

But most states require them. It usually depends on how each county files a criminal charge. Each state has to determine what is required at these trials. If there is a case, the prosecutor then has to determine whether or not the case will be given to a grand jury or if it needs to go to a trial. During a Preliminary Trial, you have to actually show what the probable cause is for going to trial. A Probable Cause hearing is different as where those state the charges that apply to the arrest and the Preliminary is actually showing the probable cause and any evidence that you have supporting that probable cause. Sometimes you have cross-examination, but you have to have a subpoena to have them appear, and if that happens, the court is concerned it may result in a criminal

After doing more in depth research about wrongful convictions I believe instead of my research questions becoming no longer feasible or interesting it rather enhanced and ignited my perspective and passion on this subject. It enhanced and ignited my perspective and passion because it shows even though we have come a long way when it has come to overturning and exonerating the wrongly convicted but we still have some ways to go to get justice for all the individuals that are still being affected to this day. Some additional research questions that I would like to know would be what is the primary cause leading to wrongful convictions and How has the innocence project impacted individuals who have succumb to falsely imprisoned.

The United States of America relies on due process of law to ensure equal protection of life, liberty and property to all citizens. Police officers work tirelessly to accommodate regulations adopted to ensure only criminals are convicted. These restrictions have been part of the United States since the Bill of Rights was generated in 1791, but in the 1960s, as “Law and Order,” the view that crime must be dealt with harshly to deter citizens from breaking the law, the Supreme Court was forced to decide the constitutionality of the rules of interrogation. In the Sixties, crime was escalating and public safety was becoming a growing concern; police began to treat suspects harsher in an effort to raise

Next is the preliminary hearing. This is where the judge hears the evidence and from the

The suspectes personal belongings would be taken and placed into storage, he would be photographed, fingerprinted, then plaec into a jail cell. Fingerprinting is done to confirm the defendant's identiy and also to check for any outstanding warrnats for any other crimes. After being booked teh suspect will be held for arraignment where he will go before a judge and the chrages are read to him. During this time the judge will decide if there is enough probable cause for his arrest. During the arraignment the judge will decide if there will be a bail amount or if the defendant will be released on their recognizance without having to pay a bail. Because John is not a legal citizen of the United States it is possible that after he is released he would put on “hold” by immagration. Even if he is able to afford to post the bail amout, he would not be released due to the hold from immigration. Immigration will then wait for his current criminal case to finish and then they will proceed with the deportation

First a persons must be arrested and booked before they are to be found guilty in a trial court. Reasonable suspicion and Probable cause are the level of reasoning from the officers that begin the evaluation of a situation that will either determine the level of evidence needed to detain or arrest a suspect. Once arrested, the defendant is recited their Miranda Rights; an explanation of their constitutional rights, read off by law enforcement before being questioned by police.

Everyone in the United States have specific rights when they are criminally accused. “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” This quote was from Thomas Jefferson. Trial by jury goes along with everyone having rights when they are accused, it is one of the basic things in the bill of rights, that when you are accused, you have the right to a trial by jury. There are many other rights as well.

Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.

A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences, be prescribed in the same law that defines the crime, be administered intentionally, and be administered by the state.