Running Head: CIVIL LIBERTIES AND COURT PROCESS IN A CRIMINAL CASE
Civil Liberties and Court Process in a Criminal Case
CIVIL LIBERTIES AND COURT PROCESS IN A CRIMINAL CASE
In this particular case, the prosecution does not seek the death penalty while
prosecuting Jesse James a 20-year old who had killed a police officer. The decision made by
the prosecution does not sit well with the law enforcers, who include the correction officers
and the police department. Upon the arrest of the suspect, the first step by the prosecution
will be to initiate the case upon receiving the report from the police. The report will include
information like the time, date, witness names and locations where the crime occurred. The
prosecution will file a charging document after determining whether the case will be charged.
One may also choose not to pursue the case or to decide that the case should go to a grand
jury who will determine what charges will be answered if there are any. The police officers
may also recommend that the prosecution file additional charges, but this is left solely to the
discretion of the court (Eisenstein, 1977).
The first hearing will be a court appearance by the defendant in this case. The
defendant will appear in court where he will hear the formal charges that are being made
against him. The charges at this stage, however, are not conclusive, and the prosecution will
have the discretion of changing what the charges will be in the preliminary hearing. In the
preliminary hearing, this is where the prosecutor will charge the defendant with the felony
which in this case is murder. This is the stage whereby he will show that the state ha...