The Courts and Punishment for Homicide
As stated earlier, the prosecutor decides whether there is enough evidence to bring charges and determines what those charges will be. If there is a suspect and enough evidence to charge that person, there might be a bail hearing if the suspect is eligible for bail. If the person is not a flight risk, bail might be considered; otherwise, they are kept in custody.
Suspects either hire their own attorney or have one appointed for them if they cannot afford one. Many public defenders have large caseloads, and the defender’s office is often underfunded (Van Brunt, 2015), making it difficult to ensure good legal representation for defendants. According to the U.S. Department of Justice, 73 percent of public defenders have a caseload larger than is recommended (Farole
& Langton, 2007). This means that defendants might be given inadequate legal representation, which can lead to a more serious conviction than was warranted for the crime.
Homicide cases are held in the court that has original jurisdiction, which is the trial court. This is where the cases are tried and the question of facts are determined (Gaines & Miller, 2009). Specifically, the courts determine what events actually occurred and how well the evidence demonstrates that the person is guilty beyond a reasonable doubt, which is the level of proof needed to convict someone of a crime. A trial court is where the judge and jury hear all of the evidence and witness testimony around what occurred and determine whether there is enough evidence to support the charges that were brought. Trials are rare in the United States because between 90 percent and 95 percent of all cases are decided with plea bargains, including murder cases.
Once a sentence has been put into place, there is the possibility of appeal to the appellate court. Unlike the court of original jurisdiction, in the appellate court a judge decides whether the case should be reversed or remanded back to the original court for a new trial (Gaines & Miller, 2009). The appellate court does not determine whether the defendant was innocent or guilty, only whether there were issues in terms of how the law was applied during the original trial.