Pretrial Criminal Process Analysis

The next step in the criminal justice process that the defendant would experience is grand jury indictment or a preliminary hearing to establish probable cause. Prosecutors present evidence to a grand jury without the

The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.

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

Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury.

The Criminal Justice System is a set of legal and social institutions used to enforce a defined set of rules limitations (3). This system in the United States is divided into three subsections: Federal, State, and Military. Each state's criminal justice department is then divided again into separate juvenile and adult systems (3). The system begins when the crime is committed and observed which leads to an investigation and arrest here the accused enters the system. The first step is after the arrest is made the criminal is held in jail until they can go to Criminal court, this usually happens within twenty four hours of the arrest unless it’s a weekend. In that case the trial will be held on Monday. While the prisoner is waiting for trial they get brought to central booking where their fingerprints and photograph are taken. At this time

The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.

Once arresting, officers must inform “the accused” that he has the right to remain silent, anything he says can and will be used against him in the court of law. He has the right to an attorney or have an appointed attorney if she cannot pay for one; and have an attorney present during questioning. If he wants to assert these rights, he must affirmatively say so. The process of reading the defendant his rights should take no more than five minutes. Within forty-eight after an arrest, he must be taken before a judge. The judge must inform the accused of the charges against him and whether there is an affidavit supporting the charges. The judge also must inform the defendant of his rights as well. The initial appearance before a judge can last anywhere between one to two hours. Next there are time limits on filing charges. If he cannot post bond and remains in jail, the prosecutor must file charger against him by complaint, which can take fifteen to ninety days for any felony. Then the prosecutor must file the charges against him by complaint. If he is not in jail, then the prosecutor

If during all of this process no agreement or deal has been made it goes to trial. “A trail is the proceeding during which the government and the defense present evidence to prove or disprove the charges” (Victim Assistance, 2013). If the defendant chooses to have a trial by jury than the jury selection process begins. “Twelve jurors are selected randomly from the jury pool, a list of potential jurors compiled from voter registration records of people living in the district” (Steps in the Federal Criminal Process, 2015). An ideal jury should consist of all types of people from different races and cultures (Steps in the Federal Criminal Process, 2015). Each attorney asks each potential jury member questions about their prejudices to help them decide whether or not they want them on the jury (Steps in the Federal Criminal Process, 2015). The judge is there to make sure that the attorneys are fair with their questions, and that the jury selection ends up fair and impartial.

Then is arraignment and the plea which once an indictment has been returned or information has been filed, the accused will be formally arraigned. The purpose is to once again inform the defendant of the specific charges against him or her and to allow the defendant to enter a plea. The defendant has the chance enter a plea of guilty, not guilty, or nolo contendere. Then there is

The first process would be an arrest, Miranda rights and booking. All perpetrators are considered suspects. The suspect is arrested by warrant when probable cause is present. When the suspect is placed under arrest they are read their Miranda rights. After the accused is taken into custody they are booked into jail. The defendant must appear before a judge within 48 hours of arrest unless it transpired on a weekend. (“Arrest, Jail,

The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and

There are many different aspects of the criminal justice system. Each part of the criminal justice system has their role to ensure that the laws are being upheld. When an individual has committed a crime they are taken to a central location, which normally is a jail and booked under charges that pertain to their arrest. However, there are instances where individuals are not arrested and a judge has issued an arrest warrant and the individual has the chance to turn themselves in. There are times when an arrest warrant is being issued and the defendant’s lawyer will make arrangements for the defendant to turn themselves in while their attorney is present.

In order to justify the grant of pre-arrest bail, the petitioner must show that he apprehends his arrest on account of ulterior motives. Pre-arrest bail may not be granted where there is no allegation made against the police that they have falsely implicated the petitioner in the case. Where there is nothing to show that there has been false involvement and the accusation is of a heinous offence like sodomy bail before arrest cannot be

The trial process begins with the selection of the jury. After the jury is selected the next stage is the opening statements. Since the prosecution has the burden of proof as to the defendant 's guilt, the prosecutor 's opening statement is given first. An

Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association).