Quiz 10: Pretrial Activities and the Criminal Trial
Activities undertaken during pretrial period: The activities carried out during the pretrial period are: • First appearance (including the decision on bail) • Preliminary hearing or grand jury • Accusation and the plea • Bargaining of plea
Pretrial release: The prime accountability of the judge lies in maintaining a balance during the pretrial release decision. There are several options for the judge to effectively maintain the right of the defendant against the right of the community. Hence, a judge should think about the possible harm that can be caused by releasing the defendant before the trial. The community members, victims, and the witnesses shall be at risk in case of that person committing additional offenses. The judge must also consider the rights of the defendant for giving a judgment. The process of trial is long. Since conviction is not specified to the defendant, pretrial imprisonment would raise key questions on the rights of individuals. When in jail, the defendant will not be able to contribute effectively to his or her defense and will also not be able to hold a job.
Purpose of criminal trial: The intention of the criminal trial is to verify and analyze the guilt or innocence of the defendant. The issue of whether the defendant is really accountable for the crime for which he or she is charged is dealt with Factual guilt. Legal guilt is recognized when the prosecutor illustrates the evidence so as to convince the jury or judge stating that the defendant is actually guilty as charged. The adversarial system allows for two sides, one advocates for the state and the other for the defendant.