Essays on Preliminary Hearing

How has the Constitution been able to remain a durable and viable instrument of government despite the enormous changes that have occurred in our society since its adoption? Discuss the issue in terms of specific changes. The Constitution speaks predominantly in terms of the protection of individual rights from governmental abuse or abridgment. What corresponding obligations and burdens must each citizen undertake or bear to ensure that everyone remains free to exercise these rights to their full extent? The criminal law, both procedural and substantive, is limited by the Bill of Rights in terms of protection of US population ...

Introduction

People commit a variety of crimes on a daily basis. Some crimes are minor incidents that do not have an extensive consequence or sentence to uphold by the offender. There are crimes that are committed that are in a higher bracket and these crimes have a more serious sentence. People often commit a crime for a number of reasons. Some crimes committed were not even done by the person who was charged in the incident. There needs to be proof or evidence that can place the alleged criminal at the crime scene when it accrued. It is important that ...

Initial Appearance, Arraignment, Preliminary Hearings, Grand Jury Review

Initial Appearance, Arraignment, Preliminary Hearings, Grand Jury Review After the arrest of an accused individual also referred to as the defendant for the allegations of having committed a crime, the individual is still a suspect at the time of arrest and for the person to be proven guilty or not then the person has to go through certain legal proceedings. Immediately the defendant is arrested by the police he or she has to be booked by the police. This involves taking details of the person’s fingerprints, photographs and finally put into a holding cell where the person remains ...

Almost US, but still Latin America. This is the brief definition one can give to Puerto Rico. US is actively engaged in cooperation with the archipelago, but the chances that this area ever really become an integral part of the United States are still unclear. More so, it is a unique habitat with its own unique development system, including the judiciary. Puerto Rico is a dependent territory of the United States and has the status of "unincorporated organized territory”, which means that the area is under the control of the United States (and is not an integral part thereof), ...

Question 1: Grand Jury Review and Preliminary Hearings

According to Gaines and Miller (2016), the major difference between a grand jury review and preliminary hearings is that during the former, the prosecution presents its case before a selected jury in the absence of the defendant with the aim of determining the existence of a probable cause based on the available evidence. On the other hand, during the latter, there is no jury but instead it resembles a main trial in which the prosecution is required to demonstrate the existence of probable cause before a judge. Further, whereas grand jury preview is a mandatory procedure before trial, the ...

In the case of John Arryo, there were many instances in which legal processes were not correctly followed, both on the part of Arryo as well as crucial members of the criminal justice system. Throughout the arrest and during the entire preliminary hearing, things got worse and worse for John Arryo, due to the fact that he was not knowledgeable on the process, as well as the fact that the judge, officers and prosecutors did not seem to care much about following legal protocol.

As John Arryo’s attorney, I would first inform him of the mistakes that he ...

Trial vs. Plea Bargaining

Trial The oldest and most well-known form of dispute resolution in criminal cases is the jury trial (Kadri, 2005). Certainly, the jury trial is the fundamental dispute resolution mechanism of the American adversarial legal system. In fact, the core principle of the criminal justice system holds that disputes are most effectively resolved when the parties in contention are made responsible for: (1) investigating and gathering their own evidence and (2) presenting their own arguments to a neutral and passive lay decision-maker who decides which party presented the most convincing argument (Kadri, 2005). Furthermore, the entire process is subject to ...

Introduction

The country’s criminal justice is one of hallmarks of modern civilizations. It secures the rights and liberties enjoyed by modern Americans. Its three components – law enforcement, courts and corrections – all work together and separately to ensure that the vision of the founding fathers continue to guide the country. Each of the components, for example, should ideally abide by the principles of due process and equality. As shown in the case study being considered here, all components apply in processing a person’s entry into the system.

Description of Murder

Murder is defined by 18 U.S. Code § 1111 (a) as “the unlawful killing of a ...

The case of Morrissey vs. Brewer, is a 1972 case. The petitioner had been convicted of forgery and was out on parole. He got re-arrested because of a list of violations. The petitioner claimed that his parole was revoked without a hearing, hence his right to a due process was violated. The court of appeal affirmed the District court’s ruling that a parolee is technically in custody, hence was not entitled to a full adversary hearing. The Supreme Court reversed this and stated that a parolee’s liberty is within the protection of the due process. It also stated that the parolee required a preliminary hearing ...

Write an essay that considers the criminal process from arrest through sentencing and appeal. Identify and evaluate the strengths and weaknesses inherent in the process along each step in the process. In your evaluation, discuss how these weaknesses might be corrected. What factors push against their correction? Also, assess how factors external to the criminal justice system such as budgetary and political realities impact the identified strengths and weaknesses.

Introduction

Criminal process known otherwise as criminal procedure is characterized by three phase of pre-trial, during trial and after trial. Most often criminal process is set in motion upon arrest of ...

As per the facts given, John Doe is an illegal immigrant in America, having no legal status to reside or work in the country. Illegal immigration is itself a crime, punishable under criminal law and is a matter of concern for various American agencies, responsible to maintain law and order. Now the questions of the case would be discussed here 1. Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? John Doe is an illegal immigrant and was residing in America without having a legal status to ...