1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
daser333 [38]
3 years ago
5

Explain the steps in the arrest and prosecution of someone who is accused of a felony. Your response should be at least 150 word

s.
Law
1 answer:
choli [55]3 years ago
4 0

Answer:

take what you need

Explanation:

Arrest

Criminal prosecution typically begins with an arrest by a police officer. A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date.

Bail

If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. Release on bail is contingent on the suspect's promise to appear at all scheduled court proceedings. Bail may be granted to a suspect immediately after booking or at a later bail review hearing. Alternatively, a suspect may be released on his "own recognizance." A suspect released on his own recognizance need not post bail, but must promise in writing to appear at all scheduled court appearances. Own recognizance release is granted after the court considers the seriousness of the offense, and the suspect's criminal record, threat to the community and ties to family and employment.

Arraignment

The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review the defendant's bail and set dates for future proceedings.

Preliminary Hearing or Grand Jury Proceedings

The government generally brings criminal charges in one of two ways: by a "bill of information" secured by a preliminary hearing or by grand jury indictment. In the federal system, cases must be brought by indictment. States, however, are free to use either process. Both preliminary hearings and grand juries are used to establish the existence of probable cause. If there is no finding of probable cause, a defendant will not be forced to stand trial.

A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant.

Pre-Trial Motions

Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial.

Trial

At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the burden of proof in a criminal trial. Thus, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crimes charged. The defendant has a constitutional right to a jury trial in most criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to opening and closing statements, examination and cross-examination of witnesses and jury instructions. If the jury fails to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be dismissed or a new jury will be chosen. If a judge or jury finds the defendant guilty, the court will sentence the defendant.

Sentencing

During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant. In determining a suitable sentence, the court will consider a number of factors, including the nature and severity of the crime, the defendant's criminal history, the defendant's personal circumstances and the degree of remorse felt by the defendant.

Appeal

An individual convicted of a crime may ask that his or her case be reviewed by a higher court. If that court finds an error in the case or the sentence imposed, the court may reverse the conviction or find that the case should be re-tried.

You might be interested in
Shared left turn lanes are common on 2 lane county road true or false
WARRIOR [948]

Answer:false

Explanation:

8 0
3 years ago
Read 2 more answers
There are no laws that protect you from fraud. True or false
Tatiana [17]

Answer:

Yes

Explanation:

While they're not required to, many major credit card issuers provide zero-liability fraud protection. ... Once you report that your card is lost or stolen or that someone has used it fraudulently, credit card issuers typically cancel your existing card and issue a new one with a different number.

3 0
3 years ago
What does objection mean
n200080 [17]
Disapproval or to oppose
5 0
3 years ago
Which is the BEST explanation for the reason our "Founding Fathers" built a system of checks and balances into our government?Th
AlekseyPX

Answer:

The answer is D.) They felt that a system of "checks and balances" would help the executive branch become the most powerful of the three branches.

Explanation:

Hope this helps :))

3 0
3 years ago
Prescription medicines can impair a driver's judgement and slow reaction times.
-BARSIC- [3]
Prescription medicines can impair a drivers reaction so true
8 0
3 years ago
Read 2 more answers
Other questions:
  • This court has appellate jurisdiction and limited original jurisdiction; this court is the final court of appeals.
    5·1 answer
  • What is the difference between a lawyer and an attorney?
    10·2 answers
  • On 5/8 Do you think that the November elections should be postponed due to the fact that elections to the Democrat cannot be hel
    9·1 answer
  • What do you believe is the best form of government to live under? Why?
    13·1 answer
  • The largest source of new law comes from court decisions. True or False
    12·1 answer
  • License fees are imposed in the exercise of police power. <br> True or False
    13·2 answers
  • Which police function focuses on handling citizen disputes through mediation, referral
    15·1 answer
  • Xác định các bộ phận giả định, quy định, chế tài trong các điều luật sau:
    14·1 answer
  • 8 liters is the same as how many gallons? round anwer to the nearst tenth
    7·2 answers
  • the supreme court has ruled that it is unconstitutional to execute someone who committed his/her crime when he/she was under 18
    10·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!