The main aim of the pretrial process is to ensure that all the issues are determined promptly, quickly and justly, and if the possibility of having a pretrial process is difficult then the counsel should discuss with the judge and the opposing counsel of other ways of delivering justice (USDC, 2010). The steps of a pretrial procedure include:- • Initial pleadings – Complaint, answer and a reply • Case management conference • Discovery – Generally, Interrogatories, Request to produce, request to admit, Non-party production, Deposition testimony & electronic discovery • Pretrial conference • Initial trial preparation (USDC, 2010)
Pretrial detention is type of detention, during which the person in order to undergo legal proceedings without any hassle is kept under the government custody (usually prisons or pretrial detention facilities). Though these prisoners are deprived of freedom, they are not guilty of crime unless proven. They are usually kept on detention due to security reasons. People under detention during the pretrial have to be produced for hearings and have to be given access to an attorney (Wise Geek, 2010). A person, who is held in custody and would have to undergo pending legal proceedings, has the right to apply for bail.
This is an agreement between the person and the court, agreeing to be present at the court for the legal proceedings, with the terms and conditions of the bail and deposit a sum of money as guarantee. People may be held on pretrial detention and not given bail due to 2 reasons: - unable to afford bail or denial of bail. If the costs of producing guarantee of money cannot be produced by the person detained, then he may be denied bail. Denial of bail may occur when the court feels that prisoner is too dangerous and can risk the life of others (Legal Service Commission SA, 2010).
Preliminary examination is the right to be produced before a district court and the judge would decide whether there are sufficient evidences that the individual has committed the crime. If there is no sufficient evidence, the case may be dismissed, but if there is sufficient evidences, then the district judge has to hear the case within 14 days of preliminary examination (Michigan District Court, 2010). The grand jury is a constitutionally formed judicial body that has to study the civil cases. The grand jury has to investigate cases involving the government and organizations that are funded by the government.
They can place their report and recommendations before the court. They are also able to receive complaints from the public and make inquiries regarding the public detention facilities (Superior Court of California, 2006). The prosecutor’s duty to disclose exculpatory information would also include that the prosecutor has to take reasonable effort to investigate and discover the presence of such evidences. This was affirmed in the case Kyles v. Whitley (1995), where the government tried to suppress information (obtained through investigation and statements made by the witnesses).
The government has the duty to disclose such information. Suppression of such information can be held to be infringing the right of the defendant for a free trial in court (Regini, 1996). Persecution misconduct is a situation in which the defendant alleges that he/she should not be held liable for the actions against law as the prosecution behaved in an unfair or inappropriate manner (such as hid evidence or permitted false witness). This is a procedural defense & there are several forms of misconduct including falsified confessions, criminal intimidation, sexual abuse, racial profiling, etc (USDC, 2010).
Usually, the pretrial procedure would end with a final pretrial order and a pretrial conference. Both the attorneys from the opposing party would try the case. After the conference is done, certain actions need to be taken (USDC, 2010). References LSC South Australia (2010). What Is Bail? , Retrieved on July 23, 2010, from Web site: http://www. lawhandbook. sa. gov. au/ch02s03s01. php Michigan District Court (2010). FAQ’s Criminal Information, Retrieved on July 23, 2010, from Web site: http://www. 36thdistrictcourt. org/criminal-faq. html#where Regini, L. A. (1996).
Disclosing officer misconduct: a constitutional duty, Retrieved on July 23, 2010, from Web site: http://findarticles. com/p/articles/mi_m2194/is_n7_v65/ai_18631849/? tag=content;col1 Superior Court of California (2006). Grand Jury, Retrieved on July 23, 2010, from Web site: http://www. fresnosuperiorcourt. org/jury/grand_jury/ USDC (2010). Standing Order Establishing Pretrial Procedure, Retrieved on July 23, 2010, from Web site: http://www. ilnd. uscourts. gov/legal/newrules/stordpt. htm Wise Geek (2010). What Is Pretrial Detention? , Retrieved on July 23, 2010, from Web site: http://www. wisegeek. com/what-is-pretrial-detention. htm