The Judicial System Of The Court System

Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20)

The court can either choose to do a preliminary hearing or grand jury for John's first appearance.. In a preliminary hearing is conducted with no jury and the judge is the fact finder. A grand jury hearing is where the prosecution presents the case to a group of citizens outside the presence of the defendant and they (the grand jurors) are asked to determine whether probable cause exists based on the evidence presented to them by the prosecution.

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

According to the authors, which of the following suggestions has NOT been offered to permit trial jurors to play a more active role in a trial?

The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..

Cornell Law provides a substantial amount of raw information on the Due Process Clause, covering topics ranging from its meaning in the nineteenth century to court cases that interpret its definition today. The source mentions small details about due process, such as influential procedures that the clause almost always follows, and when due process applies to freedoms and liberties. However, the next two sources describe the amendments which incorporate due process. Dr. Chapman and Dr. Yoshino present the Fourteenth Amendment as a primary source, citing word for word each of its five sections to include the Due Process Clause. The two then go into detail describing the topics “Substantive Due Process”, “Procedural Due Process”, and “Incorporation of the Bill of Rights Against the States”, citing examples of when the Due Process Clause was used throughout history. Mr. Ryan not only a provides a primary source of the Fifth Amendment, one of the only two amendments that mention due process, but goes in depth on the topics of grand juries, double jeopardy, the Just Compensation Clause and self-incrimination, distinguishing them from the due process clause. He

Next, is the preliminary hearing where defendants are charged in a fashion that is less cumbersome and arguably more protective of the innocent. The hearing is held to determine whether there is probable cause to hold the defendant for trial. The primary purpose of this is to give the defendant an opportunity to challenge the legal basis for his or her detention. The defendant in the B.I.G. trial would have the chance challenge the basis of being held in detention.

Many states use preliminary hearings instead of grand jury. Each of these legal institutions serves to avoid misjudged criminal prosecutions. Without this protection it could be that more accused had to wait in jail for a trial without an initial evaluation of the evidence against them. Preliminary hearings and grand juries protect people from unfounded accusations by the government.

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.

During a Gagnon case hearing, a defendant will have two Gagnon hearings. The Gagnon I hearing is referred to as a preliminary hearing. (Lento, 2017) The Gagnon I hearing will most commonly take place at the probation or parole office. The Gagnon I hearing is informal; however, the hearing will be conducted in the presence of a hearing officer. Defendants are entitled to a Gagnon I, which is the pre-revocation hearing; therefore, the due process requires a determination of a pre-revocation hearing. Antonie, 2017) During Gagnon I hearing, the probation officer must prove that probable cause exists and the defendant has violated probation conditions. (Antonie, 2017) Defendants are afforded the Gagnon I hearing to protect against unlawful detention, and it serves as an additional safeguard for those that are on probation or parole.

Constable Police officers are the first responders in the Criminal Justice system. They are sworn to preserve the peace and maintain public order. They work on the front counters in their office to take a day to day complaints from the public and they do active patrols as well as directed patrols. They help to provide information to the public regarding safety and awareness in communities. They are to prepare and present reports both written and verbal in a timely and complete manner.

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

Next is the preliminary hearing. This is where the judge hears the evidence and from the

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.