Pretrial Process in the United States of America

Pre-trial process is the process by which prior investigations are carried out on a suspect after arrest before they are charged with the particular crime.  During this process investigations are carried out to get as much information as possible on the background of the person, so as to determine if they deserve detention or release (Clifford, 2002).

The pre-trial process in the United States of America is carried out by the U.S Probation and Pretrial Services System. The department has its operations carried out within the district court of the U.S where there are different officers who work towards the provision of the public safety and criminal justice (Leipond, 2005).  The main objective of the U.S Probation and Pretrial Services System is to ensure their dedication to the service delivery within the community through the courts and their respective offices.

The release or detention of the suspect depends on whether they are they are found guilty, or whether their release would be destructive to the society in any way. Some of the suspects are released back to the community if they can not threaten the society by their stay within the society.  However the released cases must be under the supervision by the probation and pretrial officer to ensure their return to the court at the expected return date (Katz, 2000).  If the suspect if feared to escape after release they must be detained in the court until the next trial before the court.

Some of the commonly used terms of probation and corrective measures used by the pretrial courts include community service where the client is send back to the community to work within the region without any expectation of fee or payment of whatever sort. The home confinement if yet another form of supervised release in which the suspect is monitored by use of an electronically controlled detective mechanism while heshe resides at home.  The suspects may be allowed to go to few places like hospital or work but the rest of the time they should be at their homes.

Other terms of service at the pretrial process may include mental treatment incase the client requires to be ascertained on mental disorder for the purpose of court jurisdictional process they may be subjected to this process under supervision of the pretrial officers.  Parole, a process by which the inmate of their prison may be released after the completion of a certain fraction of their imprisonments term and punishment, is also an applicable process in the pretrial and probation process (Leipond, 2005).  When the inmate is released they are subject to the supervision by the probation officers.

The pretrial process allows for the client to make any necessary arrangements for a lawyer or to obtain any legal assistance form the jury.  The client may have their case retried if their right to obtain legal advice from the jury is denied.  In short it is the right of the suspect to get a lawyer for their case if they need one.

The prosecutor on the other hand is entitled to the disclosure of exculpatory information that concerns the suspect.  It is this information that helps to make correct and fair judgments on the presented cases.  The prosecutor has the duty of issuing charges to the suspect after they have been arrested. In fact heshe is called the lawyer to the government (Clifford, 2002).  The suspect may be charged of the commission of a crime through a documented process by the prosecutor.

The bail process is the deposition of some form of payment usually money by the defendant if they would like to be released from the courts custody so that heshe may report to the court on the prosecution day for trial.  Usually in the first appearance before the court the suspect is given advice and made aware of their rights while the trial process progresses. The bail serves to assure the court that the client will report for the trial on the stipulated date.  Never the less, most of those who wish to pay the bail are not released due to the fear that they may never show up again for trial. The bails are also found to discriminate against the poor since they may never afford it so they are forced to remain gander police custody until the cases are heard.  More so the acceptance or rejection of the bail is depended on whether the crime is a serious one or it could be pardoned by the law.

In fact the majority of severe cases never get the bail due to the preventive directives on the bail.  The preventive detention is a way of controlling crime commitment by the rich and especially to those suspects implicated of violence and other cases of not appearing for trial at the stipulated time (Liepond, 2005). However, in some cases there are some convicts who would have been allowed to pay a bail but they dont get it so easily due to crime rate and underestimation by judges.

In conclusion, the pre trial process is important for thorough investigation of the suspects background and also to allow fro any of their rights to be catered for in the right time.  The bails are good especial if the convict is not involved in serious offenses that would need them to be detained for long.  Unfortunately the poor may never have a chance to apply for a bail since it may be too expensive for them.


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