Parties & Pretrial Procedures

[Date of Submission]Parties & Pretrial Procedures

Introduction

Much of the “work” of the criminal justice system will never be seen by the general public. Before a case is even committed to a public docket, the course of criminal cases will be determined well by grand juries, defense attorneys and prosecutors. The special responsibilities a prosecutor has in a criminal case are from making an extrajudicial statement to prevent controlled or employed by the prosecutor in a criminal case the exercise of reasonable care, to the information known to the prosecutor or the defense of all evidence that tends to mitigates the offense or negate the guilt of the accused the make of timely disclosure, to obtain from an un-presented accused a waiver of important post-trail, trail or pre-trial rights, not encouraging or initiating efforts, in a custodial interrogation of an accused refraining from assisting or conducting and to prosecute a charge that is not supported by probable cause or known to the prosecutor the refrain from threatening or prosecuting.

The responsibility of the prosecutor is to take the decision to institute criminal proceedings. To determine whether criminal proceeding must be instituted, procedures and standards for evaluation of complaints must be established by the prosecutor (Belsky, 1983). To ensure that investigators are working under their authority, reasonable care must be taken by prosecutors, and they must make sure that in the standards governing the search warrants or the issuance of arrest, the investigators are adequately trained and in difficult or close cases the investigators must be informed to seek the approval of a prosecutor.

Discussion

Twenty three jurors make up the grand jury who decides if the evidence presented leads a reasonable person to believe that a crime has been committed and who hear evidence on a criminal case. An indictment is the charging document that contains all the charges, when a grand jury brings criminal charges. The grand jury can issues a report providing the description of the recent scenario or can charge the individuals responsible for the organized crime if an organized crime occurring in the area is established and investigated by a special federal grand jury.

Presentment is a special document in which the criminal charges are explained and can be brought by grand juries, when they acted on their own, at common law. The charges are brought in a presentment if the grand jury acts without the prosecutor. A ...