- on September 17, 2019
- Categories: Articles
When someone is arrested, there is a lot of legal fundamentals that go on in the background to ensure that the individual gets the proper fair trial that they are entitled too. Many times, these cases will start in the state or district courts, and depending on the situation, they can build up to the supreme court, which is the highest level of the judicial system. The supreme court will only take a certain number of cases each year.
The U.S. government has created something called the Computer Fraud and Abuse Act (CFAA), this was put in place so that the scope on what was legal and not legal was greatly expanded to begin to have more effective computer laws and regulations. After the revision to the computer laws, it is now illegal to knowingly access a computer without authorization and obtain information that is deemed private.
When an individual must appear in front of the court, the first appearance is to have charges read to the accused and to post his/her bond. The judge can then determine what they believe to be the correct price of a bond. There can be a victim impact statement created by the victim to explain to the courtroom exactly just how the attack/event caused an impact on the victim’s life. Whether this is a small impact as how they are feeling or an everyday impact that may keep them from getting out of bed; anything can be put into an impact statement.
Another law that was put into place is called victim compensation laws. This is when the victim of a crime is affected to the point that effects their ability to make an income, or it buries them with funeral costs, medical costs, and financial hardships. This is when the government will step in and help them out and will assist in helping them get back on their feet.
The trial procedure is when a jury gets selected by the state, and then the trial begins with an opening statement from the prosecutor. The trial continues as the prosecutor questions the witnesses, and then the defense can question the witnesses as well. After the presentation, each attorney can present a closing argument which sums up the facts presented. The jury then leaves the room to be in private and decide on a conviction. This must be a unanimous decision.
These are just some of the most prevalent legal fundamentals that go into the prosecution process. Many other steps must be completed before one can move on with the prosecution until the defendant is found guilty or not guilty. These are the laws that the government has deemed ethical and in compliance with the constitution, which is why they have been a part of our judicial system so long.