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Essay / Criminal Procedure Mission
Criminal procedure is an essential aspect of the legal system that governs how criminal cases are handled, from investigation to trial. In today's world, with the increasing complexity of crime and technological advancements, understanding and analyzing criminal procedure is more important than ever. This essay will delve into the specific aspect of pre-trial procedures in criminal cases, examining their implications on the fairness and efficiency of the justice system. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Pre-trial procedures play a crucial role in the outcome of criminal cases. From the time a suspect is arrested until the trial begins, a series of measures are taken to ensure that the rights of the accused are protected and that the evidence against them is properly gathered and presented. These procedures include, among other things, bail determinations, preliminary hearings and discovery processes. One of the main implications of pre-trial procedures is their impact on the fairness of the justice system. Decisions made during this phase can significantly affect the outcome of the trial, as they can determine the admissibility of evidence, the conditions of the defendant's release, and the overall trajectory of the case. For example, setting bail too high could result in the accused being detained before trial, which could impact their ability to prepare their defense. Evidence from credible sources supports the importance of fair pretrial procedures to ensure justice. Defendants on remand are more likely to plead guilty and receive harsher sentences than those who are released while awaiting trial, according to a study published in the Journal of Criminal Law and Criminology. This highlights the need for careful consideration of pre-trial decisions to avoid bias and uphold the presumption of innocence. Case studies further illustrate the impact of pre-trial procedures on the fairness of the justice system. In the high-profile case State v. Smith, the accused was denied bail due to the seriousness of the charges against him, sparking public outcry and concerns about due process. The court's decision to deny bail without proper consideration of the accused's circumstances raised questions about the fairness of the pre-trial procedures in place. Critics might argue that pretrial proceedings can delay the resolution of criminal cases and burden the justice system with unnecessary complexities. However, studies have shown that effective pretrial procedures can actually speed up the trial process by ensuring that evidence is properly gathered and reviewed before proceedings begin. By streamlining the pre-trial phase, courts can reduce the risk of delays and ensure that cases are resolved as quickly as possible. In conclusion, pre-trial procedures in criminal cases are an essential part of the legal system that requires careful review and analysis. By examining the implications of these procedures for the fairness and efficiency of the justice system, we can work to ensure that all individuals are treated fairly and that justice is served. Moving forward, research in this area should focus on identifying best practices in pre-trial procedures and implementing.