Homicide Trial Process
The topic of capital punishment has been the subject of debate for many years as it should be on the minds of society. A society that seek to found justice for the victim who lost their lives at the hand of another human beings. The critics of capital punishment would argue that the government has over reached it authority and have sought to judge in God stead. However, the advocates of capital punishment will argue that many nations whether modern or ancient has used capital punishment as a method of justice.
As with any process that cannot be reversed there must be measured step to ensure that justice is rendered righteously. Therefore, its reasonable for a society such as the United States to have reliable recourse for determining the proper trial process for a homicide investigation. One will find it exciting to see a criminal apprehended, jailed, and then on to courts in what seem like a matter of days on the popular television shows.
However, in the real world the process is not as seamless and rapid one would observe on television. There are normally two trial for homicide cases, one for conviction and the second for sentencing. In this paper this author will explain the trial process for homicide investigation and the main stages of the trial . Moreover, the uniqueness of homicide investigations in relation to other crime that goes to jury trial will be examined. Lastly, an explanation to why all capital murder cases go to trial will be discussed.
After a person suspected of murder has been the trial process begin. During this stage the police will give the evidence they have complied to the prosecution. The prosecution will make a determination if the evidence is enough to charge the suspect. Furthermore, at this stage if the evidence warrants, the prosecution will decide on severity of the charge. According to Thomas Cohen & Brian Reaves(2006) in 2003, 61% of defendants who are charged with murder in large cities have additional felony charges filed against them by the prosecution(Cohen & Reaves, 2006 as cited in Davies, 2008). However, during this stage may determine that there is not enough evidence to obtain a conviction, and forego filing charges against the accused(Davies, 2008, p. 273). If there is sufficient evidence the accused will have their initial appearance before a judge within a 48 hours time frame.
As previous stated, during the this the initial appearance the accused will be brought before a judge in person or by remote vide, to be official advised of the charges they will face. Furthermore, during this time the accused will be assigned a defensive attorney if they are not financially able to hire counsel. The steps can vary from state to state.
When working with capital murder cases especially in state courts, pretrial release is improbable. Another part of ...