01:920:222 Lecture Notes - Lecture 5: Selective Enforcement, Excessive Bail Clause, Due Process
28 Mar 2017
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Duties of the judge (must retire at age 70) *judges in nj have immunity - can"t sue judge for a bad decision. The law is but one factor that appears to influence judges" decisions Factors that influence judicial decision making include: An appointed or elected member of the practicing bar who is responsible for bringing the state"s case against the accused. Subpoena forcing someone to go to court. Prosecutorial discretion is the prosecutor"s authority to decide whether to bring a case to trial or to dismiss it outright. Has broad discretion and is subject to few limitations. Common reasons for rejection or dismissal of a criminal case: Bail a form of security, usually a sum of money, that is put up or exchanged to secure the release of an arrested person before the trial begins. Majority of criminal defendants are released on bail prior to trial. The eighth amendment: prohibits both cruel and unusual punishment and excessive bail.
