**KIM WOODS** Pretrial Process Paper

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pretrial_process_outline.doc

Running head: PRETRIAL PROCESS 1

PRETRIAL PROCESS 3

I. Introduction.

Pretrial process in a criminal case.

II. Pretrial detention and concept of bail.

A. Detention involves being put in police custody after being arrested by a police officer. The movement of the arrestee is always monitored closely by the government authority in charge.

B. Concept of bail applies when some amount of money is paid by the arrested suspect in exchange for their release (Worrall, 2012).

C. The court must have reasons for pretrial of the defendant such as, the length of the pretrial detention, the responsibility of the prosecution to delay the trial, and the matter of the evidence upon which the pretrial detention was based.

III. Preliminary examinations.

A. This is done by the police officer after the arrest.

B. They may take the personal information concerning the suspect and observe their physical bodies such as the fingerprints.

C. Preliminary examinations may be initiated by a decision of the prosecutor, a referral from a State Party or a declaration pursuant to article 12(3) by a state that is not Party to the Statue.

IV. The role of grand jury.

A. The grand jury may consist of a judge or a panel of citizens who determine whether or not the suspect is to stand trial in a court.

B. If there is enough evidence by the grand jury against the suspect he/she is taken to court for trial; vice versa also applies (Worrall, 2012).

C. The role of a grand jury is to determine probable of the defendant and evidence.

V. The prosecutor’s duty to disclose exculpatory information.

A. Prosecutor who is the government’s lawyer gives information contained in a charging document accusing the arrestee of committing crime.

VI. Prosecutorial misconduct.

A. This is shown by behaving in a manner in which is not right within the court.

B. It is always brought about as a result of the outcomes of the cases.

VII. Conclusion.

A. Pretrial process is always necessary before any attempt to take the arrestee before a court of law.

B. It gives a clear image of whether a suspect is guilty or innocent.

References

Worrall. J. L. (2012). Criminal procedure: From first contact to appeal. (4th ed.). Upper Saddle River, NJ: Pearson Education.

http://www.justice.gov

http://www.icc-cpi.int