cases to a court where specialized court professionals can better address the

Cases to a court where specialized court

This preview shows page 6 - 7 out of 14 pages.

cases to a court where specialized court professionals can better address the unique features of these defendants and their cases If they fail to complete the program, the state can pursue the original charges and the defendant will risk a conviction and a possible jail or prison sentence - If the program is complete the charges are dropped (for pre-plea cases) or the guilt plea is vacated (in a post-plea case). Diversion Programs/Problem-Solving Courts Trial Process: all of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal The U.S. Supreme Court has ruled that if the defendant's right to a speedy trial is violated, than the indictment must be dismissed and/or the conviction overturned. - Delay (trial): an attempt (usually by defense counsel) to have a criminal trial continued until a later date. 30-day limit from time of arrest to indictment and 70 days from indictment to trial - The Speedy Trial Act of 1974: later amended, a law originally enacted to ensure compliance with the 6th amendment's provisions for a federal case be brought to trial no more than 100 days following the arrest Plus even states that have it sometime fail to follow - Existing time limits may be waived due to the court's own congested dockets - Some state courts have little in the way of fixed, enforced time limits Length of delay : a delay of a year or more from the date of arrest or indictment, whichever occurs first - Reason for the delay : the prosecution may not excessively delay the trial for its own advantage; however, a trial may be delayed for a good reason, such as to secure the presence of a key witness - Time and manner in which the defendant has asserted his right : if a defendant agrees to the delay when it works to his own benefit - Degree of prejudice to the defendant which the delay has caused - Unnecessary delay: Right to a Speedy Trial: "Justice Delayed…" Opening statements: prosecutor goes first followed by the defense. Purpose is to succinctly outline the facts they will try to prove during the trial > not time to argue with the other side 1. Prosecution's case: the prosecution will present its side of the case, presenting and questioning its witnesses and admitting the evidence. The defense can cross-examine these witnesses 2. Motion to dismiss: the defense will often make a motion to dismiss all charges, arguing that the state has not proved its case 3. Defense's case: the defense presents its main case through direct examination of their chosen witnesses. The prosecution can cross-examine the defense witnesses. The defense then rests 4. Prosecution rebuttal: the prosecution may offer evidence to refute the arguments made by the defense 5. Closing arguments: this is a time for both side to review the evidence so that it is clear to the jury before they begging their deliberations.
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  • Spring '17
  • Jerry Manduca
  • Supreme Court of the United States

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