LAW531 Brookhaven College Pretrial Process Paper

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Question Description

Write a 1,050- to 1,400-word paper in which you explain the pretrial process, along with the following associated activities:

  • Pretrial detention and the concept of bail
  • Preliminary examinations
  • The role of the grand jury
  • The prosecutor's duty to disclose exculpatory information
  • Prosecutorial misconduct

Tutor Answer

smithwiliams
School: Cornell University

Hello pal, Work completed as agreed. Have a look at it and let me know if there are any revisions or clarifications that you might need. It was a pleasure working with you. Thanks, Smithwiliams.

1

Running head: THE PRETRIAL PROCESS

The Pretrial Process
Name:
Institution:
Course Code:

THE PRETRIAL PROCESS

2

Brief Introduction: The Intricacies of the Pretrial Process
There is a common misconception among non-legal experts and non-stakeholders
within the criminal justice system that a bulk of court proceedings takes place during the trial.
Contrary to this belief, a bulk of court activity (roughly 90%) takes place before the actual trial.
These activities take place before a criminal case makes its way to the courtroom. In essence, the
Pre Trial Process involves all legal proceedings and activity conducted before the actual trial
that seeks to determine whether the case deserves to go to trial. These proceedings include
pretrial hearings, plea bargains, bail determination hearings as well as other activities that
precede the actual court trial. Indeed, most cases are decided before they make it to trial due to
the intense activities that take place before the actual trial. The United States has numerous legal
provisions that regulate the pretrial process. Such legal provisions include the Bail Reform Act
(1984), the Fifth Amendment, the Federal Rules of Criminal Procedure, the Federal Rules of
Evidence among others discussed in this submission.
Pretrial Detention and the Concept of Bail
Pretrial Trial Detention
In explicit and implicit terms, pretrial detention refers to the action of detaining a
suspect or accused person in a stated criminal case before the actual trial takes place. The
decision to impose pretrial detention on suspects and accused persons stems from a variety of
reasons provided by law, which a judge uses to effect the same. The Bail Reform Act of 1984
(18 USCS § 3142) gives a judge in a criminal case the authority to detain a defendant in a federal
criminal case and deny the defendant bail (Stevenson & Mayson, 2017). This is achieved if the
judge determines, through evidence presented by the prosecutor, the likelihood o...

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