What factors are considered when making the decision to release a defendant to pre trial services? These include: the nature of the offense and weight of the evidence; the defendant’s criminal history and prior appearances in court; the defendant’s residence, employment status, and ties to the community; and any problems the defendant has with substance abuse or mental health.
What are the methods of securing pretrial release for the accused?
What are the methods of securing pretrial release for the accused?
Defendants can request to be released on bail
. What are the criteria used to set bail? Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money.
Which is the most common method of pretrial release used?
State Legislatures:
Commercial bail
is the most common form of pretrial release.
What is pretrial decision making?
The purposes of the pretrial release decision are to provide due process to defendants, ensure the defendant’s appearance for trial, and, in most states, ensure the safety of specific individuals (e.g., victims and witnesses) and the community (see Legal Framework topic).
What are the two key services offered by pretrial agencies?
Pretrial services programs perform two crucial functions: —
Gathering and presenting information about newly arrested defendants and about available release options
— for use by a judicial officer in making decisions concerning a defendant’s pretrial custody or release status.
What are three types of pretrial release?
These include
unsecured appearance bonds, release on non-monetary conditions, and release on personal recognizance
.
Which of the following usually takes place after a pretrial release decision has been made?
Which of the following usually takes place after a pretrial release decision has been made?
The preliminary hearing
serves as a check on: The prosecutor’s charging decision.
What are the four most common ways defendants secure pretrial release?
The four most common ways defendants secure pretrial release are: (1)
release on recognizance (ROR), (2) cash bond, (3) property bond, and (4) bail bond through the services of a commercial bail agent
.
When considering pretrial release a judge will consider which two types of risk?
Specifically, the Bail Reform Act of 1984 permits the federal courts to base pretrial release decisions on (1)
the risk of pretrial flight the defendant poses
, and (2) the potential threat the defendant poses to the community or to specific individuals including the Page 4 likelihood that the defendant would commit new …
What is one reason prosecutors may decide to dismiss cases?
After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed.
Evidence may be poor
, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.
Who is the least likely to gain a pretrial release?
Murder defendants
(19%) had the lowest probability of being released, followed by those charged with robbery (44%), burglary (49%), motor vehicle theft (49%), or rape (53%). Defendants charged with fraud (82%) were the most likely to be released.
What is the importance of pre-trial?
Pre-trial is the stage of a court proceeding before the trial. The importance of pre-trial is that
it allows the parties to explore the possibility of an amicable settlement or a submission to alternative modes of dispute resolution
.
What two aspects does the pre-trial release system balance in the criminal justice process society?
The Purpose of Pretrial Release
Our criminal justice system stands on two bedrock principles:
that individuals accused of a crime are presumed innocent until proven guilty, and that they are entitled to a speedy trial
.
What are the two primary ways to get out of jail on pretrial status quizlet?
release on recognizance (ROR) and conditional release
.
What are the two key services offered by pretrial agencies quizlet?
Pretrial services is a department that has two overlapping functions. First, it
assists the court in deciding who to release and who to detain (the release decision)
. Second, pretrial services attempts to improve the efficiency of the courts through helping to supervise released defendants so that they ________.
What are the consequences of pretrial detention?
Studies on pretrial detention have found that even a small number of days in custody awaiting trial can have many negative effects, increasing the likelihood that people will be found guilty, harming their housing stability and employment status and, ultimately, increasing the chances that they will be convicted on new …
How long does a judge have to rule on a motion?
In effect, the
90-day
rule is not a strict 90 days but a practical deadline at the end of the month in which the 90th day falls. Third, judges have the ability to vacate submission and resubmit cases-thereby restarting the 90-day period. 5 That means judges have the power to grant themselves an extension.
What do you say at a pretrial conference?
- The nature of the proceeding;
- The issues and the party’s position;
- The names of witnesses and time estimates for testimony; and.
- Remaining steps and time estimates to complete them.
What happens if you fail a drug test on pretrial release in VA?
If you fail a drug test on pre-trial release,
the bond will be revoked and you will go to jail until your case is resolved
.
Who decides if there is enough evidence for a trial?
Grand juries
decide whether there is enough evidence to warrant a trial. Grand juries meet in secret proceedings. Petit juries serve during public trials.
Which of the following is the burden of proof required at a preliminary hearing?
At trial, the prosecution has the burden of proving each element of the charged offense(s) beyond a reasonable doubt. But at the preliminary hearing, the prosecution need only show
probable cause exists
—in other words, enough evidence to justify a belief that a crime occurred and the defendant committed it.
Which of the following factors does the court consider when determining whether a suspect identification is reliable?
Second, to assess whether an identification is reliable, judges were instructed to examine the following five factors: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness’ degree of attention; (3) the accuracy of the witness’ prior description of the criminal; (4) the level …
What types of evidence must always be turned over by the prosecutor to the defense?
What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions?
Exculpatory evidence
is any evidence that may be favorable to the defendant.
Which approach to criminal justice emphasizes that during the preliminary hearing the judge decides if there is probably cause to hold the defendant quizlet?
The law on the books
approach to criminal justice emphasizes that during the preliminary hearing the judge decides whether there is probable cause not hold the defendant, while the law in action perspective emphasizes that in most jurisdictions there i s a strong probability that the case will proceed.
What proportion of criminal defendants are released before trial on the federal level?
Overall,
16%
of Federal felony defendants secured some type of financial pretrial release. This was nearly twice the percentage of defendants who were held on ball because they were unable to post the bond required to secure release (9%).
Which of the following is decided during the preliminary hearing?
A preliminary hearing is best described as a “trial before the trial” at which the judge decides, not whether the defendant is “guilty” or “not guilty,” but
whether there is enough evidence to force the defendant to stand trial
. In contrast, an arraignment is where the defendant may file their pleas.
Which of the following factors are not considered by judges in setting bail amounts?
Which of the follow factors are NOT considered by judges in setting bail amounts?
Seriousness of the offense charged
.
What type of bail system allows the defendant to be released with no immediate requirement of payment?
Surety Bail
. The most common form. What type of bail system allows the defendants to be released with no immediate requirement of payment but leaves him/her liable for the full bail amount if he/she fails to appear in court?
On what grounds can a case be dismissed?
There are many reasons for a court to dismiss a case, both procedural and substantive. FRCP 12 provides the list of grounds for dismissal in federal court, which includes
a lack of jurisdiction, improper service of process, failure to join a party, and a plaintiff’s failure to state a claim for relief
.
Can charges be dropped at a preliminary hearing?
If there’s no other credible evidence to show that the defendant committed the crime in question, the whole case against the defendant might unravel, and
the judge may readily agree to dismiss the charges
(or reduce them to a charge that doesn’t require the eyewitness testimony).
Who controls the plea bargaining process?
MOST AGREE THAT
THE ADMINISTRATIVE ROLE
IS THE MOST BASIC. PROSECUTORS IN THE STUDY WERE VIRTUALLY UNANIMOUS ON ONE POINT- THE STRENGTH OR WEAKNESS OF THE STATE’S CASE IS THE MOST IMPORTANT FACTOR IN BARGAINING. THE WEAKER THE PROSECUTOR’S CASE, THE GREATER HIS CONCESSIONS.
What is the most common pretrial release?
State Legislatures:
Commercial bail
is the most common form of pretrial release.
When considering pretrial release a judge will consider which two types of risk?
Specifically, the Bail Reform Act of 1984 permits the federal courts to base pretrial release decisions on (1)
the risk of pretrial flight the defendant poses
, and (2) the potential threat the defendant poses to the community or to specific individuals including the Page 4 likelihood that the defendant would commit new …
Which of the following usually takes place after a pretrial release decision has been made?
Which of the following usually takes place after a pretrial release decision has been made?
The preliminary hearing
serves as a check on: The prosecutor’s charging decision.
What are the matters to be considered during the pre-trial?
The pre-trial brief shall contain, among others: (a) a summary of admitted facts and proposed stipulation of facts; (b) the main factual and legal issues; (c) the documents or other object evidence to be marked; and (d) the names of the witnesses, and the summary of their testimonies.
What is pre-trial process?
The court may set any criminal case for a pre-trial hearing before it is set for trial. A pre-trial is
a meeting with the state’s attorney and the defendant and/or his or her attorney to determine the following: Any motions that the defendant or defendant’s attorney wants to file
.
