Criminal Procedure Sample

The purpose of this paper is to discuss three areas of criminal procedure that affect the rights of the accused. These three areas are the accuser’s right to bail, the difference between a confession and guilty plea/withdrawing a guilty plea, and the right to a speedy trial. Lets begin with the definition of bail, “Bail is a method to get the defendant released during the trial proceedings. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically two factors the judge considers before setting bail.

” (Criminal Defense Associates). There are some key factors which will effect the accuser’s right to bail, the main factor is will he or she pose a danger to the community in which he or she resides in, the next factor is will he or she be a flight risk if allowed to post bail. Bail is set based on the accuser’s offense, a good example of an offense that would have a high bail is the offense of murder, the amount of bail would generally be up around $300,000 or even higher. Bail can be denied if the offense is an especially heinous act such as murder or sexual assault.

Also, it can be denied if the accused is deemed a flight risk by the presiding judge. Excessive bail is bail that does not fit the type of offense that was committed. An example, would be the accused having bail set at $10,000 for stealing a 90 cent pack of chewing gum. In addition to bail, there is a difference between a confession and guilty plea. The word confession basically means to confess to an act, Confessions are basically when a person says “ I did the act in question” They come out and come clean about it.

Confessions can be lumped together with an admission, however an admission is different because its not a confession to a crime but is an admittance of having seen something or having been in the area were the crime occurred. Now on to a guilty plea, guilty pleas differ from confessions because they are said in a courtroom and a judge enters the plea, as with confessions which is not said in a courtroom but rather in a interview or interrogation room.

The accused can withdraw a guily plea. based on two rules, “before the court accepts the plea, for any reason or no reason;or after the court accepts the 2 plea, but before it imposes sentence if: the court rejects a plea agreement under Rule 11(c)(5); or the defendant can show a fair and just reason for requesting the withdrawal. ” (Cornell Law) Finally, the right to a speedy trial is guaranteed under the sixth amendment of the US.

Constitution, according to FindLaw “ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

” (FindLaw) The right to a speedy trial encompasses a right to have a trial by a jury of the accuser’s peers, and this includes a impartial jury as well. The differences between a speedy trial and the statute of limitations is strikingly different. The issue of a speedy trial has to deal with how quickly the accused can be brought to trial. The statue of limitations deals with how long a criminal complainant or charges can be brought against a person and still have merit in the court system.

A statute of limitation that does not run out, is when the crime committed is murder, the only way it will run out is if the murderer is deceased which in that case charges can not be filed against a deceased person. To conclude, I hope I have enlightened you the reader on the accuser’s right to bail, the difference between a confession and a guily plea/withdrawing a guily plea, and the difference between a speedy trial and statue of limitations. References http://www. criminaldefenseassociates. com/arrested#bail http://caselaw. lp. findlaw. com/data/constitution/amendment06/index. html http://www. law. cornell. edu/rules/frcrmp/Rule11. htm