Criminal Procedure Since John Was Term Paper

4. Identify what issues the judge would take into consideration when setting bond for John

Judges consider a number of factors as well as issue prior to setting bail. These factors include but they are not limited to the severity of the offense committed, John's ties to the community, his criminal record as well the probability of his absconding. The fact that John does not have any prior arrests could work in his favor. The judge may also want to determine whether John poses any danger to the community. In this scenario, John does not pose a major security threat to the community. This also enhances his chances of being granted bail. There are some grounds on which individuals can be released without having to provide bail. This is more so the case if such individuals happen to have close ties with the community. It is important to note that in setting the bail amount, the judge should take deliberate steps to ensure that the same is not punitive. This is more so the case given that the primary purpose of bail remains securing John's appearance in court during trial or hearing. It should however be noted that there are many other factors apart from the ones I have already identified that the judge could choose to rely on prior to setting bail for John. These include but they are not limited to his employment status, monetary conditions, probability of conviction, reputation etc.

5.Explain what an arraignment is and what occurs during an arraignment

According to Samaha (2011), "arraignment means to bring defendants to court to hear and to answer (plead to) the charges against them." It is during the arraignment that John will be made aware of the formal charges. At this point, John will be expected to respond to the accusations with either a guilty or a not guilty plea. It can however be noted that during the arraignment, the prosecution may find it prudent not to proceed with the case. John does not need to plead if this happens. As Neubauer and Fradella (2010) point out, for some reason, most defendants choose not to enter a guilty plea at this stage. If John does not enter a guilty plea during the arraignment, a trial date will be set. In the opinion of Neubauer and Fradella (2010), from a procedural perspective, an arraignment can be viewed as an opportunity for the court to put a case on track for purposes of its eventual disposition.

References

Neubauer, D.W. & Fradella, H.F. (2010). America's Courts and the Criminal Justice System (10th ed.). Belmont, CA: Cengage Learning.

Samaha, J. (2011). Criminal Procedure (8th ed.). Belmont, CA: Cengage Learning.

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