Arraignment: Court Case Study
After listening to both sides present their case the judge will issue a ruling on the defendant’s
Assistant District Attorney John Norsetter concealed exculpatory evidence for close 11 years. Ralph Armstrong was convicted for rape and murder in 1995. John Norsetter was aware that Armstrong was not guilty of such tarrying crime, however, he remained silence even though he knew Armstrong was innocent. Back in 1995, a woman made a call to the district attorney testifying that Stephen Armstrong, who was Ralph’s cousin was the responsible of the crime. The prosecutor never told defense attorneys of such valuable information.
MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
In criminal cases, Pretrial release is where a defendant is released from jail while the criminal case is pending. The release usually begins with a bond (criminal-law.com). Pretrial procedures tend to follow the general pattern of civil cases, but with imperative modifications. The functions of the pretrial release decision by attaining defendants for trial which maintains the integrity of the judicial process, the protections of witnesses and victims, as well as the community from interference, threats, or dangers (americanbar.org). The most crucial crimes are felonies which, the punishment is imprisonment for at least a year, usually in a federal or a state penitentiary.
That’s when is released from jail while the criminal case is pending. Usually begging with a bond which is a contract between bondsmen and defendant’s the defendant pays to get out of jail. There are three types of bonds personal recognizance bond this type is when a defendant promises they will show up to court also known as release on recognizance or (ROR) this is when the defendant is seen as reliable and has roots in the community. Since you can’t do that with every defendant another type of bails bond is a cash bond used in many states the defendant will have to post ten percent of the bail amount in cash with the court. Last but not least the most common type of bails bond used surety, Surety bond makes sure you show up to your court dates.
Bail bond agencies keep the fee that is paid to them and attorneys will likely make the bail part of their legal expenses. A secured personal bond is set for some defendants. In this situation, the accused pays his bond cost directly to the court. He/she does this in hopes that the money will be refunded at the end of the trial process.
Officers provide a citation to the arrestee that has an official court date listed. The appearance of the defendant is purely up to the integrity of he or she cited as no financial burden is imposed, but arrest warrants and additional fines for failure to appear may be issued if the defendant does not attend court. Surety Bond: A surety bond essentially describes the function of a bail bonds company. A bail bonds company or other licensed third party becomes the indemnitor of the suspect 's total bail amount, meaning they legally take on responsibility for the total amount. A fee is charged for the service that the third party or bail agent keeps.
To put it in a simple way, bail is the refundable exchange of cash, bond, or property between the court and the arrestee in return of the freedom of the arrestee until the trial date. [1] Bail exists not for the courts to make money but to allow arrestees who are in jail awaiting trial for a non-capital crime an opportunity to go back to their communities while leaving a personal interest with the court. [2] The personal interest that the arrestee left with the court will ensure that the arrestee will come back to the court on the trial date and not flee. [2] In felonies and some misdemeanors allowing an offender the privilege to pay a bail and go free until trial is up to the discretion of the judge, if for some reason the judge suspects that
The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.
In previous occasions, the state of Texas has been known for being different with regard to gun control and stand your grounds. In this occasion, however, it has to do with the judges. Texas is one of many states that give the residents the ability to choose who will be the judges, unlike most states where the governor has final say (Horwitz, 2014). In other words, the decision of the judge all depends on the people of the lone star state. The political point of view has an influence as well.
For them to know the defendant they would be biased in their decisions. The arraignment clause makes the charges clear and understandable. It used to be that people would be put in jail without the knowledge of what they were put there for. Confrontation clause deals with the witness in a trial. The defendant now has the right to have the witness directly involved be brought to the stand.
Adversary system is the government and the defendant, the government must prove the charge beyond a reasonable doubt before the defendant can be convicted. The defense must present evidence before a jury and the jury decides on the case if either the defendant is guity or non guilty of the charge, this is known as a verdict. The idea of the court system is to show the truth to emerge either by the defendant or the prosecution. Each side of the trial the defendant and the prosecution have full opportunity to present their ideas and a truth would emerge between the two. In some cases, if it is acceptable with both parties, the judge can decide a case without a
Bail has been around for centuries, it has even been stated that the idea of bail has been traced to Ancient Rome. The American government adopted the idea of bail from the English. The English magistrate would place prisoners with private parties, and to ensure that these custodians did their duty, they would have to sign a bond, stating if they failed to produce the prisoners on the trial date, they would forfeit a specified sum of money or property. In the American government bail is a system of pretrial release of the accused in a criminal proceeding based on a guarantee by the accused or by bail bond agents that the accused will appear in court as required. Bail has numerous options such as denial of bail, bail bond agents and alternative
Set amounts of money bail according to the circumstances of the individual defendant. 6. Introduce and enforce time limits for remands in custody, after which defendants should be reviewed or freed on bail. 7. Provide legal aid and assistance supplemented, where necessary, by paralegals to provide advice to defendants.
The existing efforts of criminal justice reform from international, regional and national level should include pretrial rights of accused person in their framework and address how accused person can access legal aid in pretrial stages. International and regional human rights instruments should bring law enforcer especial Police, investigators and judiciary in addressing access to legal aid in pretrial stages. Law enforcers are very important in making access to legal aid to accused person at earliest stages of criminal process possible because it is in the hands of these institutions pretrial rights of the accused persons are violated. The information gathered during pretrial stage shapes and influences the entire proceeding and the results of the case. 4.2.2 Specific Recommendation for
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