The Court : The Supreme Court

In some cases, the CPS will encourage the court to agree to allow a witness to

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 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

2. A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime or requires that bond be set?

The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

After an arrest is made, the police will create a report for the prosecutor. With this information, the prosecutor will decide

Manifesto sees the decision of the supreme court as “clear abuse of judicial power” (1).

procedures. The supreme court will be the deciding factor in this in the end; what will affect their

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

If a plea agreement is not reached, the case may go to an Adjudication Hearing (also called Fact-finding. All parties to the case, including the prosecution witnesses and defense witnesses, will be subpoenaed (summoned) to testify before a Judge. Witnesses may be excluded from the courtroom until they are finished testifying (Clallam County, 2011). The argument for this rule is to ensure that a witness is not influenced by the testimony of another witness. If you are a victim, you have the right to be present throughout the hearing. Since there are no jury trials in juvenile court, the Judge will determine whether or not the juvenile is innocent or guilty of committing a delinquent act after hearing the facts of the case. At the Adjudication Hearing, the prosecution and the defense may make opening statements to the Judge to explain the case. The Juvenile Prosecutor then presents the case against the juvenile respondent. It is the responsibility of the State to prove "beyond a reasonable doubt" that a delinquent act was committed and the juvenile respondent is guilty of committing the act (Clallam County, 2012). To meet this burden of proof, the Juvenile Prosecutor presents evidence and calls witnesses to testify. Witnesses are required to testify under oath and may be cross-examined by the juvenile's defense attorney.

First, if a juvenile is stopped by a police officer for a crime the officer will determine what to do with the juvenile. The officer can either release the juvenile with a warning or go as far as arresting the juvenile and referring them to the District Attorney’s office. Once the juvenile is in custody they go through a process called intake. It is at the intake stage that the prosecutor (DA) determines whether to refer the case to juvenile court; similar to what is known in the adult criminal justice system as prosecution. It is at this stage that several factors are evaluated. The evidence is reviewed and the seriousness of the offense is considered along with whether or not the juvenile has a previous history with the juvenile court. After the evaluation and review of these factors a case may be dismissed, handled informally or the juvenile may be held in detention pending a formal hearing before a juvenile court judge. The prosecutor must file a petition to the courts

The following month the first hearing to occur after a defendant is indicted is the

In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in