Question
What is each step of the following called?
(14 points)
Pretrial
- There is enough evidence that someone has committed a crime serious enough to warrant being taken into custody (police detention).
- Law enforcement officers make an official arrest report and hold the suspect in the local jail.
- The suspect (a person thought to be guilty of a crime) appears before a magistrate court judge to have the charges brought against them explained and to determine if they are to be released on bail (the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing).
- The magistrate judge determines if there was a crime committed and if there is probable cause (a reasonable ground for supposing that a charge is well-founded) that the suspect was involved with the crime.
- A group of citizens, called a grand jury, examines the evidence in order to determine if the suspect should be charged with a crime. If they do decide there is enough evidence, they issue what is called an indictment (a formal charge of a serious crime).
Superior court judge reads charges and accused pleads guilty or not guilty
- The suspect has the opportunity to plead guilty. If they plead guilty to the charge, the judge will sentence the individual and the case does not go to trial. The suspect also has the choice of plea bargaining and admitting guilt to a lesser offense. If the prosecutor agrees to the plea bargain, the suspect is sentenced for the lesser offense and the case will also not go to trial.
Trial
- Twelve jurors and at least one alternate are selected to hear the case
- Once the trial begins, both attorneys are given the opportunity to speak directly to the jury to explain what they hope to prove in the case.
- During the case, witnesses are called to the stand to give testimony. The prosecutor and defense attorney have the opportunity to cross-examine the other side’s witnesses.
- After all of the witnesses have had a chance to speak, both attorneys present their final arguments in the case.
- After the closing arguments, the jury is asked to discuss the case among themselves to determine if they think the defendant is guilty or not. Once the jury makes their decision, they notify the judge. If the verdict is not guilty, the defendant is released.
- If the jury finds the defendant guilty, the judge sentences the defendant, telling him/her the amount of time he/she will spend in prison and/or how much they owe in fines.
- If the defendant maintains his or her innocence or if there were mistakes made by the legal team or court in the case, the defendant appeal to the court of Appeals for review the case. If the court overturns the verdict, the case goes back to the superior court for a new trial.
(14 points)
Pretrial
- There is enough evidence that someone has committed a crime serious enough to warrant being taken into custody (police detention).
- Law enforcement officers make an official arrest report and hold the suspect in the local jail.
- The suspect (a person thought to be guilty of a crime) appears before a magistrate court judge to have the charges brought against them explained and to determine if they are to be released on bail (the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing).
- The magistrate judge determines if there was a crime committed and if there is probable cause (a reasonable ground for supposing that a charge is well-founded) that the suspect was involved with the crime.
- A group of citizens, called a grand jury, examines the evidence in order to determine if the suspect should be charged with a crime. If they do decide there is enough evidence, they issue what is called an indictment (a formal charge of a serious crime).
Superior court judge reads charges and accused pleads guilty or not guilty
- The suspect has the opportunity to plead guilty. If they plead guilty to the charge, the judge will sentence the individual and the case does not go to trial. The suspect also has the choice of plea bargaining and admitting guilt to a lesser offense. If the prosecutor agrees to the plea bargain, the suspect is sentenced for the lesser offense and the case will also not go to trial.
Trial
- Twelve jurors and at least one alternate are selected to hear the case
- Once the trial begins, both attorneys are given the opportunity to speak directly to the jury to explain what they hope to prove in the case.
- During the case, witnesses are called to the stand to give testimony. The prosecutor and defense attorney have the opportunity to cross-examine the other side’s witnesses.
- After all of the witnesses have had a chance to speak, both attorneys present their final arguments in the case.
- After the closing arguments, the jury is asked to discuss the case among themselves to determine if they think the defendant is guilty or not. Once the jury makes their decision, they notify the judge. If the verdict is not guilty, the defendant is released.
- If the jury finds the defendant guilty, the judge sentences the defendant, telling him/her the amount of time he/she will spend in prison and/or how much they owe in fines.
- If the defendant maintains his or her innocence or if there were mistakes made by the legal team or court in the case, the defendant appeal to the court of Appeals for review the case. If the court overturns the verdict, the case goes back to the superior court for a new trial.
Answers
Answered by
GPT-4o mini
Sure! Below are the steps of the pretrial and trial processes, along with their corresponding names or definitions:
### Pretrial Steps:
1. **Initial Evidence Assessment**
- There is enough evidence that someone has committed a crime serious enough to warrant being taken into custody (police detention).
2. **Official Arrest**
- Law enforcement officers make an official arrest report and hold the suspect in the local jail.
3. **Arraignment**
- The suspect appears before a magistrate court judge to have the charges explained and to determine if they are to be released on bail.
4. **Probable Cause Hearing**
- The magistrate judge determines if a crime was committed and if there is probable cause that the suspect was involved in the crime.
5. **Grand Jury Proceedings**
- A group of citizens, called a grand jury, examines the evidence to determine if the suspect should be charged with a crime. If they decide there is enough evidence, they issue an **indictment**.
6. **Arraignment (again) in Superior Court**
- The superior court judge reads charges, and the accused pleads guilty or not guilty.
7. **Guilty Plea / Plea Bargaining**
- The suspect may plead guilty, leading to sentencing without a trial. They may also choose to engage in plea bargaining for a lesser offense.
### Trial Steps:
1. **Jury Selection**
- Twelve jurors and at least one alternate are selected to hear the case.
2. **Opening Statements**
- Both attorneys present their opening statements to the jury, outlining what they hope to prove.
3. **Witness Testimony and Cross-Examination**
- Witnesses are called to give testimony, and both sides cross-examine each other's witnesses.
4. **Closing Arguments**
- After all witness testimonies, both attorneys present their final arguments.
5. **Jury Deliberation**
- The jury discusses the case among themselves to determine the defendant's guilt or innocence. They notify the judge of their verdict.
6. **Sentencing**
- If the jury finds the defendant guilty, the judge imposes a sentence.
7. **Appeal**
- If the defendant maintains innocence or claims mistakes were made, they may appeal to the court of appeals for review. If successful, the case may return to the superior court for a new trial.
This structured breakdown provides a clear understanding of each step involved in the pretrial and trial processes within the criminal justice system.
### Pretrial Steps:
1. **Initial Evidence Assessment**
- There is enough evidence that someone has committed a crime serious enough to warrant being taken into custody (police detention).
2. **Official Arrest**
- Law enforcement officers make an official arrest report and hold the suspect in the local jail.
3. **Arraignment**
- The suspect appears before a magistrate court judge to have the charges explained and to determine if they are to be released on bail.
4. **Probable Cause Hearing**
- The magistrate judge determines if a crime was committed and if there is probable cause that the suspect was involved in the crime.
5. **Grand Jury Proceedings**
- A group of citizens, called a grand jury, examines the evidence to determine if the suspect should be charged with a crime. If they decide there is enough evidence, they issue an **indictment**.
6. **Arraignment (again) in Superior Court**
- The superior court judge reads charges, and the accused pleads guilty or not guilty.
7. **Guilty Plea / Plea Bargaining**
- The suspect may plead guilty, leading to sentencing without a trial. They may also choose to engage in plea bargaining for a lesser offense.
### Trial Steps:
1. **Jury Selection**
- Twelve jurors and at least one alternate are selected to hear the case.
2. **Opening Statements**
- Both attorneys present their opening statements to the jury, outlining what they hope to prove.
3. **Witness Testimony and Cross-Examination**
- Witnesses are called to give testimony, and both sides cross-examine each other's witnesses.
4. **Closing Arguments**
- After all witness testimonies, both attorneys present their final arguments.
5. **Jury Deliberation**
- The jury discusses the case among themselves to determine the defendant's guilt or innocence. They notify the judge of their verdict.
6. **Sentencing**
- If the jury finds the defendant guilty, the judge imposes a sentence.
7. **Appeal**
- If the defendant maintains innocence or claims mistakes were made, they may appeal to the court of appeals for review. If successful, the case may return to the superior court for a new trial.
This structured breakdown provides a clear understanding of each step involved in the pretrial and trial processes within the criminal justice system.