The Composition Of Felony Criminal Trials For The Public Defender 's Office

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 court could choose either a preliminary hearing or grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. Preliminary hearing would indicate that John Doe was arrested and a complaint issued or filed with the Ocean County of where the violation occurred. Thus, prompting the judicial process: i.e. Preliminary hearing, plea, and trial. Grand jury would entail the officer or ADA presents the Grand Jury with the facts or probable cause of reasons why John Doe was arrested. Grand Jury could hear testimony from the officer and witnesses associated with the case. Once the facts are presented the Grand Jury would have an opportunity to ask questions. After the hearing, the Grand Jury would be requested to vote and either issues a true bill of indictment or find a no bill for Mr. John Doe.

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).

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

All criminal defendants are provided certain procedural rights. All procedures must comply with laws protecting defendants' rights even in Texas. The purpose of this paper is give some insight in how Texas processes its criminal defendants when they are convicted of capital murder.

In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.

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

Let’s pretend that you have been accused of a serious crime. You allegedly match the suspect description and have been picked up by your local police department. Your family and neighbors all watching you as you are being hauled off to your local jail. You are being detained in a cell awaiting to speak with someone that can help you. A public defender has been assigned to assist you because you only earn minimum wage and cannot afford to hire your own private counsel. The public defender informs you that the prosecutor has offered a plea bargain; plea guilty and get only 2 years in jail or go to trial and possibly face 15+ years if found guilty. You know you are innocent, but the thought of being incarcerated for that much time begins that weigh in on you. Your public defender, who is supposed to be there to help you, recommends you take the plea. “It’ll only be two years”, he says “more than likely less with good behavior”. You don’t even know what evidence the prosecutor has against you, if any. You are given a week to accept or reject the offer, while being detained in a cell because you couldn’t make your monetary

In the United States, the criminal justice system is a combination of laws and institutions. Laws are to be enforced in order for society to work appropriately as a whole. The many institutions of the criminal justice system include law enforcement, juvenile and adult courts, and correctional facilities. It is a unique system that has developed a specific process to serve justice. It is however, a process that is not without its faults. In order to protect and serve the many different faces of society, the process is structured to ensure the justice system continues to flow in the proper direction. Throughout this paper, I will summarize all the steps between arrest, pre-trial, trial, and appeals. I will explain the contingencies for each stage

The processing of a crime and the criminal case can be terribly confusing, especially for those unfamiliar with the criminal justice system scheme. Once a person commits a crime, it is the obligation of the public to enlighten the police. That is where the journey through the justice system of a country or state begins for the offender. There are certain minor variations in the justice process of different states; nonetheless, most of the procedures are similar in all states (Neubauer, 2011). The process of justice can be a dreadfully long journey and similarly extremely short. The case can take shortest time when there is a quick plea of being guilty. Consequently, in case of repeated appeals, the case can be prolonged for decades. The main phases that detailed by law are; pre-arrest, arrest, initial court appearance, grand jury, preliminary hearing, arraignment, plea bargaining, trial, sentencing, appealing and the last is corrections or incarceration.

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

The criminal process and can be overwhelming, confusing, and intimidating for the defendant and the victim especially if you don’t have knowledge on how the criminal justice system work. Both the defendant and victim should have a support system that is able to show how the process works. It begins by having a lawyer thoroughly explain your rights as a citizen and what choices to make upon any questioning from the police. The victim should be able to get information or guidance on how to be safe if the criminal escape from jail or prison or any pending parole. The victim should immediately be notified of this matter to make aware of the offender's status. This will help the victim gain confidence in criminal justice system.

In the criminal justice process, the first step, the Investigation, is significant as it provides the information of the case as well as the crime supposedly committed by the defendant to both parties; both the prosecutor and defendant must use the information for their benefit such as cross-examination of the evidence. Following the investigation, after studying the information provided by the investigators, the Charging takes place and an indictment on the defendant; “indictment contains the basic information that informs the person of the charges against him/her” (Steps, 2016). This is crucial as the indictment and the decision made by a grand jury will determine if the defendant is rightfully accuse of a certain crime and the court case may continue; this is presented by the prosecution against the defendant. After the Initial Hearing process, the fourth step of the criminal justice that affects these two parties is the Discovery, which entails more information be presented to the prosecution and defense attorney (prosecutor and defendant respectively). According to Neubauer and Fradella (2014), "The term discovery refers to the exchange of information prior to trail." Furthermore, this stage provides a level of direct interaction between prosecutor and defendant as the “prosecutors must also provide the defendant copies of materials and

(Harcourt, 2016) The major steps in processing a criminal case begin with police investigation of a crime. (Harcourt, 2016) The purpose of the first step is to gather evidence to identify a suspect and/or support an arrest. (Harcourt, 2016) The next step is arrest of a suspect, which includes taking a person into custody for the purpose of detainment until court. (Harcourt, 2016) Prosecution is the third step and it involves a district attorney charging a criminal defendant. (Harcourt, 2016) Indictment by a grand jury is the next step, but it is mandatory for a capital offense. (Harcourt, 2016) Arraignment is the next step, which involves a defendant entering into a plea of usually guilty or not guilty. (Harcourt, 2016) Pretrial detention is the next step, which sets bail or the amount of money by a defendant ensuring he or she will show up for trial. (Harcourt, 2016) The next step is trial or adjudication of guilt. In this step, a trial is held before a judge or jury. (Harcourt, 2016) Sentencing by a judge is the next step if he or she is found guilty. Possible sentences include a fine, probation, incarceration in jail or prison and/or community service. (Harcourt, 2016) Appeal is the next step and probably the most important after the trial. This is the step when

The Pre-Trial Division resolves any and all issues that arise before the trial proceeds. In general, they are appointed to ensure that the Office of the Prosecutor carries a fair and equal investigation and to guarantee not only the rights of persons suspected of a crime but victims and witnesses as well. This division is also in charge of deciding whether to issue an arrest or summons. The Trial Division determines whether the party is innocent or guilty and determines if the person convicted will serve a prison sentence or if there are any reparations that need to be made. However, any prison sentence made cannot exceed a total of thirty years or life imprisonment. Additionally, trials are held in public hearings except in cases of extreme circumstance such as confidential or sensitive information given in evidence. Although the Pre-Trial and Trial Divisions only include a total of six judges between the two, the Appeals division includes the