Pretrial Detention Paper

There are several different options that judicial officials have at the disposal when setting a defendants pretrial release conditions five basic conditions that a judge or magistrate may set, NC statute lists them in 15A-534(a). There is the first one which is the release on written promise to appear. This option basically allows the defendant to be released without paying any type of bond, as long as he promises to appear in court on his written court date. The second option is to release the defendant upon his execution of an unsecured appearance bond. An unsecured bond is one that is backed only by the integrity of the defendant. No assets or collateral is required to be posted on this type of bond. The

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

The United States Pretrial Services is a Federal Judicial System. This system provides more information about defendants in a small timely matter, to assist the court in making release and detention decisions. The Federal Bail Reform Act of 1966 was primarily focused in making this decision fairer and rational on the release of defendants on the least and restrictive conditions that would assure the defendants appearance at trial when required. The Bail Reform Act eliminates the courts reliance on money as the sole purposed of pretrial release. The release and detention must be base sole based in nonappearance or danger risk. Therefore, the United States Pretrial Services as intended by Congress, provides judicial officers with verified and

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.

Bail Reform Act of 1984 History 1) Judiciary Act of 1789 <ul> <li> Defined bailable offenses and established judicial limits on setting bail <li> All noncapital offenses were bailable <li> Bail was left to the discretion of the federal judge </ul> 2) Bail Reform Act of 1966 <ul> <li> Established a statutory presumption in favor of pretrial release in all noncapital cases <li> Primarily concerned with defendant's flight <li> Attempt to set reasonable conditions of pretrial release and eliminate bond requirements <li> Failed to address crimes committed by those awaiting trial </ul> 3) D.C Court Reform and Criminal Procedures Act of 1970 <ul> <li> First federal attempt to define eligibility for pretrial release

Several states across the Country have enacted or attempted to enact legislation which can enable detention of a prisoner past his/her release date. This type of legislation’s general purpose is to provide a mechanism whereby prisoners who, if released pose an unacceptable risk of

These accused offenders are only released by recognizance bond which is a bond that doesn’t require a payment. In most of the recognizance bond cases within the United States the judge orders the accused to be electronically monitored. Riskier clients with serious charges, repeat offenders, and ones that already have a form of community supervision or a history of failure to appear are the ones that are supervised with electronic monitoring. It’s noted that clients who are electronically monitored commit more technical violations than accused that aren’t being monitored. But is outweighed because the non-monitored clients have more failure to appear violations and new arrest than offenders that are electronically monitored. An alternative to pretrial detention, supervision with selective use of electronic monitoring. With electronic monitoring use, higher risk clientele can be released with effective supervision. Pre-trial monitoring depends on how high the risk is for the accused to be released into society with monitoring supervision and the decision is based on the judges thoughts and assumptions on facts that have been gathered on the offenders past. PIR reports are filled out by officers and prior probation officers if the offender has been in custody before. The defense and prosecuting attorney give their recommendations for the judge’s consideration. With the

As a criminologist advisor to a member of the state legislature. The legislature will soon vote on a bill that, if it passes, would double the maximum prison term for anyone convicted of armed robbery. My boss knows the bill is popular, but wonders if it will do much good. I will explain what recommendations I would make, the reasons for my recommendations, and is it a good bill or a bad bill to pass and how effective the bill will be.

On May 4 1920 at the school of Washington high they were preparing for their field trip to the Washington prison. The principal was trying to scare the kids so they don’t go to prison. They began the ride on the bus and talked the whole way, they finally go there and there were giant walls around the prison. All the kids wondered why they needed walls that high. Then a man named Jim walked out and smiled he said he was going to be giving them there tour.

The defense of minors charged with criminal offenses in Harford, Cecil and Baltimore Counties, is something Timothy A. Cook, Attorney at Law is well equipped to handle. In fact, it’s one of their practice’s main focus areas. Juvenile law of course refers to individuals aged 18 years-of-age and under who have committed acts that would be treated as crimes with regard to punishment if they were older. In other words, someone charged with a crime while aged 18 and under will be treated differently than those aged 19 and over. The goal of the juvenile justice system in each state is to rehabilitate the individual while they are young, hopefully releasing a responsible adult into society who can contribute in a positive way. The following is more information on

    The United States Prison System’s population has increased dramatically since the country’s “War on Drugs” nearly tripling from 585,804 prisoners in 1987 to 1,612,395 in 2010. (Guerino, Harrison , & Sabol, 2011). Women are typically incarcerated at a  much lower rate than men; however, since 1986, the female prison population has grown by 400% (Miller, 2006). These statistics are a direct result of the country’s implementation of harsher crime laws and policies as well as the criminal justice system wanting to have a stringent approach towards crime. The “War on Drug’s” lead to the government passing sentencing reforms which have resulted in longer, more abrasive sentences. Although the purpose of the executing a “War on Drug’s” was to control the crime rate throughout the country, the repercussion that is continually overlooked due to the increased mass incarceration is the growing rate of parental incarceration.

On Friday, April, 4, 2014, I observed the Vanderburgh County Superior Court to observe different family law cases. The cases I heard involved contempt of court for failing to pay child support, failure to appear for a court appointed drug test, birth certificate affidavit, request for contest hearing time, and an issue of paternity case. Magistrate Judge Sheila M. Corcoran was presiding over the family court hearings. When entering the courthouse, I was greeted by security and advised to remove any cell phones, and/or, any other items that would trigger a metal detector. After this, I proceeded straight to look for the family courtroom. After roaming around mindlessly for a couple minutes, I decided to ask the courthouse officer monitoring

The first court that I attend was district court, the judge was Fernando r. macias

According to Brad Plumer in the article Throwing Children in Prison Turns out To be a Really Bad Idea, “The United States still puts more children and teenagers in juvenile detention than any other developed nations in the world, with about 70,000 detained on any given day in 2010. And as it turns out, this is very likely a bad idea” (Plumer, 15). Juvenile delinquents are children under eighteen years old that commit illegal crimes. Juvenile delinquents are kids that are likely to come from an urban area where they lack education opportunities. They are defiant, hostile and impulsive. They started to commit crimes because of the lack of economic opportunities they were facing. For example, in urban areas they do not have any jobs