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fgiga [73]
3 years ago
10

A defendant must testify at trial if asked to come to the stand. False True

Law
2 answers:
SOVA2 [1]3 years ago
8 0
False because the defend has the right to plead the 5th, which basically stands as a no comment so the defendant won’t incriminate them self or others
timama [110]3 years ago
3 0

Answer:

False i heard it on something i forget but ik its false

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Explain the steps in the arrest and prosecution of someone who is accused of a felony. Your response should be at least 150 word
choli [55]

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.

4 0
3 years ago
Ipahayag Ang pag sang ayon o pag salungat sa pagpapatupad ng anti terrorism law​
Nadusha1986 [10]

Answer:

sang ayon ako

Explanation:

dahil ito ay ikabubuti ng tao

4 0
3 years ago
Which of the following amendments would protect you in the scenario found in the following question?
ANEK [815]
That would go against the 10th amendment say states make their own laws
3 0
2 years ago
Presidential appointments and treaties must be approved by
Sedaia [141]
The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie in the Senate. The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties.
4 0
2 years ago
How do lawmakers feel about lobbyists?
Advocard [28]

Answer:

"The relationship between lobbyists and lawmakers is complicated. On one hand, lobbyists pursue relationships with lawmakers in order to shape legislation so that it benefits clients who would be affected by new laws or regulations. On the other hand, lobbyists are frequently targeted by lawmakers as sources of campaign money, which the lobbyists feel beholden to give to improve their clients' prospects of success. "

Explanation:

8 0
2 years ago
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