Pretrial Process Essay Examples

Essay on Courtroom Procedures and the Role of the Prosecution

934 Words4 Pages

During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their…show more content…

Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association). Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense

Show More

Homicide Trial Process Essay

Homicide Trial Process
The topic of capital punishment has been the subject of debate for many years as it should be on the minds of society. A society that seek to found justice for the victim who lost their lives at the hand of another human beings. The critics of capital punishment would argue that the government has over reached it authority and have sought to judge in God stead. However, the advocates of capital punishment will argue that many nations whether modern or ancient has used capital punishment as a method of justice.
As with any process that cannot be reversed there must be measured step to ensure that justice is rendered righteously. Therefore, its reasonable for a society such as the United States to have reliable recourse for determining the proper trial process for a homicide investigation. One will find it exciting to see a criminal apprehended, jailed, and then on to courts in what seem like a matter of days on the popular television shows.
However, in the real world the process is not as seamless and rapid one would observe on television. There are normally two trial for homicide cases, one for conviction and the second for sentencing. In this paper this author will explain the trial process for homicide investigation and the main stages of the trial . Moreover, the uniqueness of homicide investigations in relation to other crime that goes to jury trial will be examined. Lastly, an explanation to why all capital murder cases go to trial will be discussed.
After a person suspected of murder has been the trial process begin. During this stage the police will give the evidence they have complied to the prosecution. The prosecution will make a determination if the evidence is enough to charge the suspect. Furthermore, at this stage if the evidence warrants, the prosecution will decide on severity of the charge. According to Thomas Cohen & Brian Reaves(2006) in 2003, 61% of defendants who are charged with murder in large cities have additional felony charges filed against them by the prosecution(Cohen & Reaves, 2006 as cited in Davies, 2008). However, during this stage may determine that there is not enough evidence to obtain a conviction, and forego filing charges against the accused(Davies, 2008, p. 273). If there is sufficient evidence the accused will have their initial appearance before a judge within a 48 hours time frame.
Initial Appearance
As previous stated, during the this the initial appearance the accused will be brought before a judge in person or by remote vide, to be official advised of the charges they will face. Furthermore, during this time the accused will be assigned a defensive attorney if they are not financially able to hire counsel. The steps can vary from state to state.
Pretrial Release
When working with capital murder cases especially in state courts, pretrial release is improbable. Another part of ...

Loading: Checking Spelling


Read more

The Case for Euthanasia, Should Physician-Assisted Suicide be Legalized?

1534 words - 6 pages Throughout the twentieth century, major scientific and medical advances have greatly enhanced the life expectancy of the average person. However, there are many instances where doctors can preserve life artificially. In these cases where the patient suffers from a terminal disease or remains in a 'persistent vegetative state' or PVS from which they cannot voice their wishes for continuation or termination of life, the question becomes whether...


1053 words - 4 pages The process of plea-bargaining is an issue viewed in various lights based on the individual's role in this judicial process. Plea-bargaining may be beneficial to the rightfully accused allowing them a lighter sentence; however, if wrongfully accused, it could afford them their freedom.A plea bargain is an agreement in a criminal case where a prosecutor and a defendant arrange to end the case against the defendant before it goes to a...

Death penalty

1006 words - 4 pages - -The Death Penaltyby Juan BrenesAn eye for an eye, a life for a life? Does this philosophy hold true in thetwentieth century? Is the death penalty a 'Cruel and Unusual' punishment or is itnow a necessary tool in the war on crime? With the increase in crime andviolence in our society due not only to gang and drug...

Gender Differences in Not Guilty by Reason of Insanity (NGRI)

2441 words - 10 pages Interest and debate have greatly increased over the Not Guilty by Reason of Insanity (NGRI) plea since the 1970s. The legal definition of insanity as understood by Dunn, Cowan, and Downs (2006) is, “a person is thought insane if he or she is incapable of knowing or understanding the nature and quality of his or her act of distinguishing right from wrong at the time of the commission of the offense.” There are several investigations needed in...

First Degree Murder Conviction

895 words - 4 pages To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states....

Death Penalty: why it is moral and humane.

691 words - 3 pages The Death PenaltyFor several decades the death penalty has been a litigious issue. Numerous intellectuals as well as the general public often debate the morality of capital punishment and whether or not it should be legal. The death penalty should be legal because of the theory of "an eye for an eye", how it helps in reducing murders, and the fact...

Paper on why the death penalty shouldn't be used

1360 words - 5 pages Against The Death PenaltyThose who favor the death penalty would argue that violent criminals whom have committed violent crimes deserve to be put to death and that they should die for their crimes. However, with some research one can see that putting criminals to death might not be the best solution after all. The death penalty has been a hot topic...

Death penalty. Paper supporting capital punishment

1914 words - 8 pages The American Heritage Dictionary defines capital punishment as 'the penalty of death for the commission of crime.' The death sentence has been applied since ancient times as punishment for crimes ranging from petty theft to murder. In 1976, U.S. states began creating a bifurcated trial procedure that would legally allow imposing the sentence of death. The states did...

Failures of Capital Punishment

793 words - 3 pages Failures of Capital Punishment Is the death penalty a just way of punishing those who commit a horrible crime? The answer to that depends on the standpoint of an individual. Fox Butterfield of the New York Times notices that “In the view of some, the failure to enforce the death penalty reflects and enduring ambivalence about the capital punishment. Others say that the death penalty opponents have found ways to triumph over the public will...

The Problem of Capital Punishment

3450 words - 14 pages The Problem of Capital Punishment The issue of capital punishment is a divisive topic that encompasses many moral and empirical aspects of human justice. Ultimately, the key issue regarding the death penalty is as follows: is the death penalty an appropriate form of punishment for the United States of America’s judicial system to impose? This key issue incorporates the empirical and moral claims of the opponents both for and against...

Capital Punishment

4903 words - 20 pages Capital Punishment Whenever the word "death penalty" comes up, extremists from both sides of the spectrum begin to wildly express their opinions. One side says deterrence, the other side says there's a potential of executing an innocent man. One says justice, retribution, and punishment; the other side says execution is murder. However, all arguments aside, the best way and the only way to truly make a rational decision about capital...

0 thoughts on “Pretrial Process Essay Examples”


Leave a Comment

Your email address will not be published. Required fields are marked *