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Summary week5 group.docx Pretrial Process Paper CJA 315 In this paper we will talk about the pretrial detention and the concept of bail for the defendants. There will be preliminary examinations conducted. There is a role of the grand jury in the courtroom. $5.49
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Summary week5 group.docx Pretrial Process Paper CJA 315 In this paper we will talk about the pretrial detention and the concept of bail for the defendants. There will be preliminary examinations conducted. There is a role of the grand jury in the courtroom.
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week5 Pretrial Process Paper CJA 315 In this paper we will talk about the pretrial detention and the concept of bail for the defendants. There will be preliminary examinations conducted. There is a role of the grand jury in the courtroom. There is a prosecutor whose duty is to disclose exculpa...
week5 groupdocx pretrial process paper cja 315 in this paper we will talk about the pretrial detention and the concept of bail for the defendants there will be preliminary examinations conducted
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Pretrial Process Paper
CJA 315
In this paper we will talk about the pretrial detention and the concept of bail for the
defendants. There will be preliminary examinations conducted. There is a role of the grand jury
in the courtroom. There is a prosecutor whose duty is to disclose exculpatory information. There
is also some information on prosecutorial misconduct. This paper will go over and explain all of
the above that goes on in the court room.
The pretrial detention comes after the arrest is made. The pretrial detention gives the
police department along with the courtroom prosecutor and defense attorney to present the facts
and circumstances in the case. Depending on the severity of the crime or if it is a heinous act will
determine if there will be pretrial detention for the accused person. The more severe the crime
the likely they will be ordered to be held in detention before their first court date with the judge.
, 2
Most states commonly require that the court determine that there is probable cause to believe that
the accused actually committed the crime (National State of State Legislatures, 2013). The judge
will then decide if the accused will have to stay in the detention center or jail and wait for the
trial to begin and play out or if the accused will be released on bail and have to reappear on his
own recognizance for the trial. The bail is usually set to a certain amount by the court based on
the crime committed. Bail is not a fine nor a punishment, it just ensure that the accused show up
for the trial. Upon completion of the trial, the accused will receive the bail amount that they had
paid with exception to processing fees. The judge has certain criteria for the accused such as the
crime, safety of others, and if the accused might possibly flee or if it is reasonable to release on
bail or to release on their own recognizance that they will show up for the court proceedings
(American Bar Association, 2013).
“The preliminary hearing should be distinguished from the initial appearance, the
probable cause hearing, and the pretrial release hearing. It almost always takes place after one of
these hearings as well as after the charging decision. As one Court stated, the purpose of the
preliminary hearing is intended to prevent “hasty, malicious, improvident, and oppressive
prosecutions” and to ensure that “there are substantial grounds upon which a prosecution may be
based” (Thies v. State, 178 Wis. 98 [1922]). The preliminary hearing resembles a criminal trial
in that it is usually adversarial.” Preliminary hearing is a huge part of the pretrial process.
Preliminary hearing is not the same as probable cause hearing. However, the main reason for
preliminary examination is to see if there is probable cause. The grand jury must be the ones who
determine if there is probably cause or not. Jurors are the main ones who get to listen to the
evidence provided. The grand jury hold this type of power over the defendant, to give innocence
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