Explain the defendant’s right to bail? In your explanation be sure to include a description of how the amount of bail is determined and what constitutes excessive bail. On what grounds may a judge deny bail? The bail is granted to a person who is found guilty of a crime. The time period of the bail is determined by the severity of the crime. Whatever amount granted is reasonable depending upon the case. Sixth’s amendments right to counsel must be consulted when understanding eight amendment’s right to bail. The eighth amendment granted rights to defendant against bailing for indefinite period without any reason.
It protects individuals against unreasonably high bail, excessive bail and excessive fines. Bill of rights prohibited from excessive bails in order to stop unnecessarily high bail. The bail will be granted on the basis of the seriousness of the crime, chances that the defender will convict in near future dependent upon his past history of conviction, the extent of punishment, ex-record of punishments and convictions, his health and mental condition, his reputation, his society status, family, financial condition, his life activities, relationships, dependency and family members who are dependant on him.
Defenders can have an attorney to represent then and can take steps to reduce bail. The judge can deny bail on the basis that enough evidences are not available. If bail is granted to an offender then it must be made on clear evidence of crime and witnesses. If enough proofs are not produced against the crime and the accused then judge can deny bail. The court examines all the criteria before granting bail. The residence of accused, prior criminal record, family ties, relationship, duration of stay at particular state, employment, mental health and dependency etc. Court sets the bail for the offense done by the accused.
Judge can review the bail and judge has the authority to make changes. The attorney can make a motion to reduce bail. This first motion is made within seven days of filing. The final decision to reduce bail will be of the judge. Explain the difference between a confession and a guilty plea. When may a defendant withdraw a guilty plea? A guilty plea is made by the defender in court when he’s charged with the offense. The defender appears in the court at the scheduled timings set by the court. He’s then awarded punishment and sentence depending upon the seriousness of criminal charges.
Time of punishment is set by the court. When the defender enters into the plead guilty, it is the responsibility of court to make sure that defendant is fully aware of the criminal charges and he knows what will be the consequences of the plea he’ll make and also that by doings so he “waives off his constitutional rights of trial by jury, right against self-incrimination and right to confront and cross-examine adverse witnesses” (Entry of guilty plea) Defendants can withdraw a guilty plea but final decision is only made by the court whether to permit or deny a motion for withdrawal.
Before the execution of guilty plea, the court makes sure that the defendant is fully aware of making that plea and its consequences. Defendant is asked a number of questions about the guilty plea and a transcript is made to make a record of that plea. Defendant is made aware of his rights and the resultant consequences. A confession is made by the offender to admit for the crime/s. it is transcribed for the record to include all details of crime, date and time. Applicant also submits an apology. The person who confesses his crime is offered to plead guilty and a confirmation on his confession is made.
The difference between the confession and guilty plea is that confession is made by the person on his own will. His criminal activities are not yet known by the police or court until he reveals himself in front of the court. But a guilty plea is made after the crime and the offender’s criminal activities are evident to the court. The accused then appears in the court and make plead guilty or not guilty. Explain the right to a speedy trial. What are the differences between a right to a speedy trial and the statute of limitations?
The right to speedy trial gives protection to the defenders against long holding trials. Unnecessary long term of bail may force the accused to become more dangerous to the society. The speedy trials will also help to make witnesses available on time and memories of witnessed act intact. If trials are preceded and conducted over a long period of time then it may result in the loss of witnesses and fading away of true memorable events that are mandatory for executing trials. Blurring memories and death of witnesses is a great loss and sometimes trials cannot be completed without their presence.
“The legal phrase limiting the period after which an offense can no longer be prosecuted is the statute (law) of limitations. ” (WSU. EDU) By definition “statue of limitations” is a lawful limitation imposed on prosecuting the accused longer than prescribed term. That is, after an offense has been punished and prosecuted during a defined period of time, it cannot be further prosecuted after that period is statute (meaning law) of limitations. This law was made to guard illegitimate and prolonged punishment to the offenders. After the lapse of limitation period the prosecution is aborted.
However, if court decides to continue the trial then it must seek to obtain a new time period of indictment in order to re-prosecute the criminals. Conducting a new trial is much frenzied, burden and time consuming. However, re-prosecution will make prosecutors to abide by the provisions of the Act. Prosecutors will also take care to speed up the trial in order to avoid the expiration of statue of limitations that may result in initiating a new trial. The right to speedy trial will not only hasten the progress of the cases but it will save time and money.
The speedy trial will save efforts of conducting the same trial several times. The basic difference between the right to speedy trial and statue of limitations is that proceeding will be conducted within the specified statue of limitations after which the prosecution will be aborted while the right to speedy trial is granted to the accused to proceed with their trials on fast pace and save their time. Accused can deny dismissal on the grounds of statue of limitations. They can also complain for the excessive delays made on their proceedings after the appeal has been lodged.
Once the appeal has been lodged the defenders have the right for speedy trials. Claims for statue of limitations can only be made on true facts. Statue of limitations is not valid if accused wants dismissal on false facts. In United States v. Herrera-Ordones when Ordones was charged of entering illegally and claimed for statue of limitation, the court decision was “We hold more narrowly that for statute of limitations purposes in § 1326 prosecutions, there can be no finding of lack of diligence where it is deception by the alien as to his identity that has caused the government not to have knowledge of his presence.
To hold otherwise would be to reward deceit by the alien and to encourage the withholding of information, and so the corruption of the deportation process. ” (The Statue of Limitations) Ordone was deported but then he changed his identity as Garcia and re-entered hence statue of limitations does not apply to his case and he was granted the criminal charges. References Entry of guilty plea. Retrieved from World Wide Web: http://www. mssc. state. ms. us/rules/RuleText. asp? RuleTitle=RULE+8.
04+ENTRY+OF+GUILTY+PLEAS%2C+PLEA+BARGAINING%2C+&IDNum=1 Hornberger, J. G. (2005) The Bill of Rights: Bail, Fines, and Cruel and Unusual Punishments. Retrieved from http://www. njlaws. com/Bail_Hearings. htm Right To Speedy And Public Trial. Retrieved from http://caselaw. lp. findlaw. com/data/constitution/amendment06/02. html Statue of limitations. Definition retrieved from www. wsu. edu%3a8080/~brians/errors/statue. html The Statue of limitations. Retrieved from http://www. ca1. uscourts. gov/cgi-bin/getopn. pl? OPINION=04-1592. 01A