opportunity to make bail. If the defendant does not have the financial means to pay for a lawyer‚ the courts will assign a public defender. A preliminary hearing is required prior to trial if a defendant is charged with a felony. At this time‚ prosecutors are obliged to present and prove that there is an adequate amount of evidence to declare a trial. Concluding a preliminary hearing‚ a Judge will declare a trial provided there is a sufficient amount of evidence.
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After this file has been approved by the court‚ the defendant answers the allegations of violating the law. After going to trial‚ the defendant most claim to be guilty or not guilty. If the defendant claims to be not guilty‚ a trial starts‚ and the prosecutor shows the against he/she contains against the defendant. A criminal complaint “brings out a dispute between the citizen and the state” (Perrin‚ Miller‚ Hess‚ 49). One important part in adjudicating a dispute is making sure that a person is not wrongly
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of exculpatory evidence. The Brady doctrine applies to this case in 4 areas; “1) The prosecutor has not disclosed information despite a specific defense request; 2) the prosecutor has not disclosed information despite a general defense request for all exculpatory information or without any defense request at all; 3) the prosecutor knows or should know that the conviction is based on false evidence; 4) the prosecutor fails to disclose purely impeaching evidence not concerning a substantive issue‚ in
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What activities are typically undertaken during the pretrial period? (That is‚ before the start of a criminal trial)? A activity that happens during a pretrial is the first (initial) appearance‚ meaning that they have to make an appearance before a magistrate or lower-court judge where which the lawfulness of the arrest of the suspect has been initially reviewed and the suspect is informed of the charges they will be facing‚ meaning that they will be informed and given the formal charges‚ they
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Criminal Justice Authority Evaluation Lori Bell CJA/550 October 31‚ 2011 Brenda Ward Civilian oversight of law enforcement is a vital element of the democratic society. Effective civilian oversight of police is crucial to guarantee that the police use its power of authority in a way that exhibits respect for the law and individual rights and freedoms. The committee’s responsibility is to maintain a balance between police independence and to complete investigations and maintain order without
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court reversed the conviction and remanded for a new trial‚ holding that the prosecutor had improperly referred to Windsor’s failure to testify at trial and holding that the circuit clerk’s practice of excusing potential jurors to whom jury service would prove burdensome constituted reversible error. Issues: (1) Did Windsor’s trial and conviction violate his rights under the Fifth and Fourteenth Amendment? (2) Did the prosecutor make improper comments during his closing argument that made a difference
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When a prosecutor use their discretion to oppose a black juror the burden of proving they discriminated against the black juror is left up to the defendant to prove. Since black potential jurors cannot be excluded from the jury because of their race‚ they can be
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Legal Profession in Russia Guest lecture at Law Faculty of University of Tartu‚ 5th of November‚ 2012 Dr. Mikhail Antonov Associate Professor of Law Faculty of Higher School of Economics – Saint Petersburg‚ Director of Research Center for Legal Argumentation‚ Executive Director of “Russian Yearbook for Legal Theory”‚ Advocate The author’s position does not necessarily correspond to the official position of National Research University “Higher School of Economics” Legal Education in Russia: Principles
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However‚ to assist in comprehending the system‚ the state of Kansas has defined a sequence of events in processing criminal cases where each action encompasses a specific function. Whether it is the police officer who investigates the crime‚ the prosecutor who must gather the facts for action‚ the defendant who must obtain a lawyer and prove their case‚ or the judge and jury who determine the fate of the offender; having a basic understanding of the law is imperative in protecting individual rights
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justice related and about the BP oil spills that happened two years ago. The paper will be a brief summary of the article and what has happened since the oil spill. On Tuesday‚ April 24‚ 2012 at 7:40 P.M. Federal prosecutors brought the first criminal charges in the Gulf oil spill‚ accusing a former BP engineer of deleting more than 300 text messages that indicated the blown-out well was spewing far more crude than the company was telling the public at the time. Two
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