Stage – Conviction is more likely to result in a significant sentence if the:- • Offence involved a weapon or threat of violence • Offence was carried out in the presence of a child • Suspects previous conviction is relevant to the offence The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered. CPS will only begin a prosecution when both these tests are met. CPS DECIDE NOT TO CHARGE
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Based on the investigation‚ police or the sheriff may decide that: a crime has not occurred as defined under state law‚ there is insufficient evidence to pursue the complaint‚ or one or more persons may be arrested and the matter referred to the prosecutor. Any person arrested must be released within 24 hours unless a warrant is issued for an arrest (NOLO‚ 2012). 2. Initial Appearance. This must occur within 24 hours of arrest. At this appearance‚ the charges are read and the judge makes sure
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Plea Bargaining: An Analysis of its Prospects in the Criminal Justice Administration of Bangladesh Nadia Shabnam ABSTRACT One of the cardinal principles of criminal justice is that nobody is to be compelled by threat‚ promise or inducement in any criminal case to be a witness against themselves. As a result‚ it is an uphill task for the prosecution to unearth a crime‚ bring the witnesses in support of his case‚ rebut the defense arguments and prove the case beyond all reasonable doubts.These
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maximum sentence. This opportunity sanctions defendants to avoid the risk of a conviction by trial on a more serious charge. This allows a court’s caseloads to be lighter without exhausting resources of a court‚ potential public advocators‚ and prosecutors who are all salaried at the expense of tax payers. Plea-bargains are used in many situations depending on the district. However‚ courts do use plea-bargains when the courts are overcrowded or if there is a high profile case that needs more time
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civil law system or continental law system. It aims to attain justice with the composite effort of the prosecutor‚ the police‚ the defense lawyer and the court. If the purpose of justice is served minor error in the procedure is ignored. The court can play active role in procuring evidence‚ in the investigation of the case and the examination of the witness. The accused must help to the prosecutor and the court to attain the justice. Since the court itself is active to secure justice‚ legal representation
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inexcusable. There was a clear injustice of Meursault’s verdict due to the poor courtroom procedure. The prosecutor manipulated Meursault by only allowing him to answer brief yes or no questions‚ by twisting the
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attorney’s job is to interview witnesses who were there at the scene of the crime and those who know the client personally to defend them in court. They have to ask the witnesses several questions about the crime and/or the client‚ as would the prosecutor to either prove the client innocent or guilty‚ and it’s the lawyer’s job to make sure that they maintain their rights and walk away from court‚ free of handcuffs. A requirement for all lawyers is to conduct legal research and find out how they
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educating the jury on how distinctive fibers types can be‚ by using photos and charts ("Wayne Williams Trial: 1981 - Prosecutors Use Microscopic Analysis‚ Williams Takes The Stand‚ Suggestions For Further Reading"). They also brought the experts in the textile industry‚ and used them to back up the forensic experts on the types of fibers and the uniqueness of each company. The prosecutors used all this to make a strong case‚ and they did this by using the experts to break down the evidence into simple
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attorneys and prosecutors‚ who are
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Legal Rights Elisia Jackson Introduction to Criminal Justice Criminals have legal rights during trial procedures. Without these rights there would be so much confusion and controversy in the court system today. There are four of them that I will give a brief summarization of and explain to you the consequences that could possibly happen if these legal rights were no longer upheld in the court system today. They are; the right to confront witnesses‚ the right to an impartial
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