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In 2009, the Pretrial Justice Institute conducted a survey of state and local pretrial services programs in the United States. Of the 300 jurisdictions asked to participate, 171 responded. The survey found that 35 percent of pretrial services programs are administratively located in probation departments, 23% in courts, and 16% in jails.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
U.S. Pretrial Services came along more than 50 years later, in 1982, with the Pretrial Services Act of 1982. It was developed as a means to reduce both crimes committed by persons released into the community pending trial and unnecessary pretrial detention. Twenty three districts have both separate U.S. Probation and Pretrial Services Offices.
The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case. The purpose of the hearing is to see if the rights of the defendant have been violated, and it is the duty of the judge to make sure that the oath of office is preserved under article 6 paragraph 2, supremacy ...
The diversion offer proffered by prosecutors is one of several noteworthy developments in the case’s pretrial phase, from prosecutors granting a form of immunity to a key witness to the courts ...
A settlement or pre-trial conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial.
Community corrections officials are key personnel in helping decide whether a criminal is granted probation. They determine whether the offender is a serious risk to the public and recommend to the court what action to take. Correction officials first go through an investigation process during the pretrial period.