Criminal Procedure Case Scenario

Criminal Procedure Case Scenario

As a young prosecutor, I have to consider the fact that there are different procedures in different states. Usually, countries have to pursue several aspects of the federal laws of the system. However, in some cases, States are also free to amend some issues of the significance of justice.

Criminal Procedure Case Scenario

At the very first step of the trial process, the defendant must go through a plea. Then an initial appearance will come into action, also known as a preliminary hearing, which can also include an appeal in case there is some proof found. In case of having a solid rationale to continue, a grand jury will then be summoned to probe more. It is then the grand jury’s responsibility to give the proof that deserves a trial for capital punishment. The district attorney can take the same action. Then, pre-trial arrangements take place; this is the stage where the defendant can explain to himself whether he understands the charges. In some instances, a plea can be entered at this stage too. If the proof assures it, then a proper court order will be given to the judge to start the trial procedure. Then pre-trial hearings will occur, and if needed, a particular number of witnesses might be asked some questions relevant to the case. At this moment, the defendant will issue a file he will try to claim that he has a defense. He will then utter in-depth his whereabouts and time to clear himself from this case.

As a prosecutor, since I am not asking for capital punishment, this is the time to request for a mental assessment. A mental evaluation will take place in a few instances, particularly in cases related to death penalties. I also have to keep in mind that there must be an ultimatum, for executing numerous sum ups, for the judicial proceedings to be held individually. So as not to prejudice the judges that are on board (blameworthy of the first), he is more likely to be responsible for the second). Dismissals may then be taken. On the contrary, they will mainly lay hold out of court sworn statements from onlookers achingly forms the foundation of the defense or prosecution when the court case begins.

Furthermore (or sometimes at the same time), the prisoner at the bar will remark on the case so far, require to assemble. Additionally, a pair of these steps can be part of uncovering, become conditional on the state. This must be an accurate time when the defendant’s record is revealed, and certain items of proof are tossed over for the defendant’s apprehension (Cole, 2010).

At the national stage, a relatively current law, the “Pre-Trial Conference,” will take place for consent at particular factors throughout the trial procedure. The reason for this is to move the case quicker and overall simplify the process. After that, the defendant may request to move the case to some other authority. The defendant will then have to verify that the offense or the criminal activity did not occur in the place where he is going through the prosecution. Usually, countries have to pursue several aspects of the federal laws of the system. However, in some cases, States are also free to amend some issues of the significance of justice (Bach, 2010).

Now, if we assume that following all the hearings and going through the case, the defendant is reputed as guilty, then he can give and a plea to a court of appeals. The point of view, in this case, must be understandable and conveys why this case is petitioned.

The fourth amendment

If I have enough evidence to support my case and if required, the fourth amendment can be used to search the defendant’s house or his property without violating his fundamental rights. This rule can, at times, be complicated. It sometimes varies and also goes through alterations, but the underlying theory is that investigating through search is a legal procedure to enforce law and order; however, unreasonable searches are illegal.

The Fifth Amendment

In this case, I would need help from the Grand Jury, since the 5th amendment needs assurance that a person cannot be charged with a severe offense lacking an inquiry by the grand jury. It will also forbid double jeopardy — the action in which a person is brought to a trial for the second time in the same case of crime. 

The sixth amendment

To win, one needs to have opposition as well. The 6th amendment will assure the defended who is charged in the murder case, has all the right to get the help of an advocate for his defense. In such cases, the defendant will enjoy a neutral jury’s right to a quick trial, whether it is under the state or district where the offense was made.

The eighth amendment

This is the particular amendment on which the whole case is based on. The 8th amendment will forbid brutal and odd ways to punish the defendant if he is judged guilty. This is a rule which has its roots in English law. However, think again, what does this mean? And by a long way, the most contentious problem that surrounds the 8th amendment is the death penalty itself. On the one hand, it allows capital punishment to be held, and on the other hand, it warns the state that capital punishment has to be held in a just and constant method (Frase, 2004).

The fourteenth amendment

The Fourteenth Amendment will address several features of citizenship and the rights of the defendant. The most frequently used on occasions — and a quote regularly brought to court in this amendment is “equal protection of the laws.”

References:

Bach, A. (2010). Ordinary Injustice: How America holds court. Metropolitan Books.

Cole, D. (2010). No equal justice. ReadHowYouWant. Com.

Frase, R. S. (2004). Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: Proportionality Relative to What. Minn. L. Rev.89, 571.

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