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In your own words define the pretrial process How does the pretrial process work How can we improve the overall proceedings of the pretrial process What is pretrial detention How does a pretrial detention relate to bail In my own words I feel that the pretrial process is an attempt to see if an actual trial can be avoided When I consider what the pretrial process stands for and what it attempts to do after everything I read this is what I think it is and attempts to do The pretrial process is a means to avoid a trial at all costs I think many people may have an issue with this but I would see it as a means to avoid wasting the time of the courts and the tax payer s money The pretrial process works to attempt to simplify the issues or to see if there are possible settlements to impose sanctions or gather any information or documents that could be applicable to the outcome of the potential upcoming case if necessary In order to improve the overall proceedings of the pretrial process we would need to have it less expansive as it is right now The pretrial process has a lot to cover and involves quite a bit which slows down the process Pretrial detention is much like being in jail It is where a person is held in a government facility until their upcoming trial proceedings take place Pretrial detention relates to bail because many times a person may be put in pretrial detention because they cannot afford bail This is where the person would be held in the facility until their trial whereas if they had the money to afford bail they would not have to be in this faux prison like sentence and would be allowed to go free until their trial A pretrial is a conference held before the trial begins to bring the parties together to outline discovery proceedings and to define the issues to be tried more useful in civil than in criminal case Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant s guilt or innocence Pretrial conferences for criminal cases may be conducted to promote a fair and expeditious trial In practice federal and state courts use the pretrial conference in criminal cases to decide such preliminary matters as what evidence will be excluded from trial and what witnesses will be allowed to testify At the conference the judge or magistrate may make rulings on motions eliminate repetitive evidence and set schedules If a preliminary issue arises after the pretrial conference a party may request a special pretrial hearing with the court to address the issue In the pretrial process both sides try to resolve the case without it going to trial During the pretrial phase the defendant has certain rights They have the right to speak with their attorney they have the right to have bond set and they have the right to have their initial appearance within five days All of the above procedures are an important part of the pretrial I think we have a good system working and I can t see where any changes are needed at this time Pretrial detention is a form of detention in which someone is kept detained in a government facility while she or he awaits legal proceedings such as a trial People in pretrial detention are usually held in jails instead of prisons or are held in specialized pretrial detention facilities These prisoners are not guilty of any crime and they are not treated as offenders although they are deprived of their freedom and usually have their activities restricted while they are in detention for security reasons There are two reasons why someone may be held in pretrial detention The first reason is an inability to afford bail The second reason is a denial of bail Bail can be denied to accused prisoners for any number of reasons ranging from concerns about their safety if they are released to a belief that the prisoner is a flight risk and will not return for legal proceedings This is where the judge makes the decision Their attorney can argue his case with the judge


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UOPX CJA 364 - How does the pretrial process work?

Course: Cja 364-
Pages: 2
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