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
The Canadian Criminal Court system uses bail, plea bargaining and legal aid as way to improve prison overcrowding, faster process of cases and equality of all participants. Bail is the temporary release of someone charged with a crime when waiting his/her trials. It is mostly granted to the accused who do not have a criminal record. The defendant is released on the condition that they will not contact the victim nor their family. Furthermore, they must show up to their court date. In Canada, we hold up to the “Proven until guilty” statement, which is basically receiving bail. This is one of the many reason that Canada does not have overflowing jails. We would not have the space to put everyone awaiting trial to be placed in prisons. Similarly, plea bargaining not only lets us evade cramped jail cells but also keeps courts from be overcrowded.
It’s at this time a bail application may be considered. Bail in the criminal justice system is also heavily influenced by discretion. First and foremost, discretion allows the assessment of a defendant’s suitability for bail on a case-by-case basis. R v William Edward Hamilton (2013), for example, where the suspect was granted bail on the account he had no record of previous contact with the law and was granted bail on the judge’s belief that he did not present a threat to community welfare. The use of discretion is also important in preventing individuals having to undergo arbitrary detention, such as the case of BDU v The State of Western Australia (2011); due to the six-month waiting period for the suspects trial, the judge deemed it to be a breach of the suspects rights to remain in remand for this period time as it wasn’t deemed likely for him to commit any offences during this
The pre-trial powers which the state are provided with lie with the police force. They are empowered with the authority to arrest, interrogate and detain suspects. If the police see a person and suspect the are someone who is committing a known crime then, under s.13(1) of the Criminal Procedure (Scotland) Act 1995, they can either ask for an
Bail laws (NSW) Bail has always been part of the common law system. In NSW, they have based their concept from the Statue of Westminster I (1275), where there are different categories that separates who are to be bailed or refused bail, which had become part of the Bail Act
When a family member or close friend goes to jail, the remaining loved ones will want to help with the bail bonds process. Unfortunately, most people don't have a lot of experience with the process so it can be overwhelming, confusing and a touch frightening for all parties involved. Choosing
Jackson County Jail In Kansas City, Missouri, city officials are responsible for overseeing several aspects of the city’s administration. This includes collecting taxes, budgeting, infrastructure maintenance, jail supervision, among others. The Jackson County Jail is housed in Kansas City, and the Kansas City council is partially responsible for the funding and operation of the jail, as it houses city statute violators. The correctional staff is made up of members of the Jackson County Sheriff’s Office, so are outside the scope of the city’s supervision. Since the jail is housed in the city of Kansas City, the city legislature is responsible primarily for the operations of the jail.
On April 7,2018, I was assigned the duties as Field Training Deputy. At approximately 0420, Arrestee Hedman, Roy (#1749220) was refusing to follow any orders given to him by Deputies when he entered the Intake Area. While in Holding Cell B116, Arrestee Hedman attempted to kick Deputy Holliday twice. I
A bail bondsman is a person who pledges money on behalf of an individual facing legal charges as a guarantee they’ll appear in a court of law. By signing a contract with a bonding company, an individual is able to get out of jail until their appearance before a judge. Even if a person can pay their own bail, it can be advantageous to use a bail bond agent because they will reduce the cost to a fraction of the original posting.
Before any method of release is accepted for the defendant, a pretrial release hearing takes place. If the arrestee doesn't pose a significant risk of flight, and has only been arrested for a relatively minor offense. If the arrestee doesn't pose the threat, then they are
In my opinion, the United States in the case of Bailey was not in the wrong to detain Polo aka Chunon Bailey while searching his apartment. I believe the officers did everything in their power to make sure they had valid evidence before requesting a search warrant for Polo's apartment
Jane B. Spott who is part of the Department of Criminal Justice and Criminology in Ryerson University and Anthony N. Dobb, who is part of the Centre of Criminology at the University of Toronto, collided to examine the gender treatment with in youths under the bail court system. Their examination
When a person has been arrested, it can help to learn all about the process for getting them released. Having knowledge makes the entire experience less frightening for everyone involved from the person who was arrested to their loved ones. What is Bail? When officials talk about bail, they are referring
Many policies have been passed to “fix” the criminal system to insure that people were treated equally. Most of these policies were in effective and only made things worse. Two policies from the reform Era that were intended to address to criminal justice issues were the plea bargaining and bail system causing unintended consequence. The original intent behind plea bargaining was to keep the courts flowing to avoid over crowdedness so that prosecutors could focus more on serious crimes. For this reason, the result was that individuals rights are taken away by using the plea bargains to make the innocent plead guilty to avoid mandatory sentences. Author of The Collapse of the American Criminal Justice,William Stuntz (2016) explains that “the various trial rights the Constitution
In order for a pretrial to take place, there needs to be a decision to charge. This begins with an officer bringing a case to a prosecutor, whose job is to determine if there is enough information derived by the responding officer on behalf of the case, which could prove the suspect was involved in the crime. Once a case is given to the prosecuting attorney, there needs to be enough probable cause to detain the suspect. The case is then given to independent magistrates to make a quick decision on whether or not there is enough probable cause to defend the officer’s determination to make an arrest. Whether or not there is sufficient probable cause to detain a suspect is decided at the first appearance.