Posted: February 14th, 2023

Initial appearance Observation paper

Initial appearance Observation paper
Initial Appearance Observation Paper. Initial appearance is the first exposure a defendant has with the court following an arrest. Whether misdemeanor or felony, the arrestee must be brought before a Magistrate within 24-48 hours of their arrest (unless special circumstances or obstacles exist, and then it’s asap) so they can hear the charges; be considered for release; be appointed an attorney (if necessary); and receive instructions for their next court appearance.

You are to identify the court, courtroom(s), defendants, charges, the application of court procedures, arguments made by all participants, the judge’s input/position, and lastly, your overall impressions regarding that defendant’s IA.

Due to the pandemic, courts have controlled public availability. Earlier this week (9/17) a student reported that the local jail facility on Mission Rd is not allowing the general public in to observe at the moment. As such everyone will write their IA paper using the links, below, and NOT go in person to the facility.

You are to identify the court, courtroom(s), defendants, charges, the application of court procedures, arguments made by all participants, the judge’s input/position, and lastly, your overall impressions regarding that defendant’s IA.

You must watch all four video-links and you must write about all four IAs in order to earn full credit for this task via this virtual alternative.

Initial appearance Observation paper
The initial appearance of Robert Moore
The video presents the initial appearance of Robert Moore in a federal court where he faces charges on account fatally shooting 41-year-old Frank Pineda on July 20, 2018. The courtroom camera is directed at the accused, where there are different activities and presences of different parties to the court. The different parties can be seen or heard in the course of courtroom interactions. The court’s different parties include the judge, state representative, a bailiff, and the accused parties to carry out the court proceedings. Additionally, there are other charges against the accused that include second-degree murder, one count of aggravated assault, one count of possession of marijuana, possession of a weapon, and drug offense where the court does not find a probable cause as at the initial appearance.
The court adheres to various court procedures as per the law in the interest of justice, fairness, and equality to the parties involved (Vaughn and Cencich, 2014). In this regard, the judge starts by introducing the case to the parties in the courtroom by acknowledging the different parties’ presence. Consequently, the judge reads the different charges against the accused person. Furthermore, the court/ the judge invites the state representative/ commissioner to account for the proceedings and evidence against the accused. The Judges interrogates the state representative on various aspects of the case. Moreover, the judge notes that the court has provided the accused with an attorney as a matter of the law through the attorney was not present at the time of court proceedings. Additionally, the defendant/accused is given a chance to speak regarding charges leveled against him.
The different participants give their accounts regarding the case. The state representative argues that the state requested only a $500,000 cash-only bond or a security occurrence bond in the amount of $1,000,000. The accused was involved in intentional homicide by shooting the victim on the head in his garage. The state representative further argued that the defendant’s account of the incident is inconsistent with physical evidence, and thus his stay in the society poses a danger to people since he has no employment nor a permanent residence and no family. Consequently, Mr. Moore, the defendant, argues that he is innocent since he was a law abiding citizen and acted in self-defense. Additionally, the judge argued that she would release Mr. Moore on a bond of one million dollars on condition that he did not interfere with witnesses, return to the scene of the crime and not engage in drinking and use of un-prescribed drugs. The defendant appeared to be physically and mentally disturbed.
The initial appearance of Erick Sanchez
The video presents the initial appearances of Erick Sanchez in the Maricopa County Superior Court. The courtroom features the accused, state attorney, and the judge as seen or heard from the video. The judge directs the court proceedings with the interaction of the defendant and the state representative. In this regard, the charges leveled against the defendant include an account of sexual conduct with a minor and two counts of transmitting obscene material to a minor.
The court adheres to the court proceedings as a matter of law in the common good’s interest. The judge begins with the introduction of the case and the parties involved in the case. At this point, the judge reads the charges leveled against the defendants. Consequently, the state attorney is given a chance to present her arguments and evidence against the accused based on the incident’s accounts. Consequently, the judges inform the defendant that the court had appointed an attorney to present them, although the attorney did not present themselves in the courtroom. The judge further reminds the defendant he had the right to remain silent in the court proceedings. More so, the defendant is granted a chance to argue his case in his favor. Finally, the judge decides on granting the defendant a bond on different conditions.
The different participants in the courtroom offer evidence and argument regarding the case. The judge introduces the case by inviting and introducing the different parties to the case and reading the defendant (Vaughn and Cencich, 2014). Moreover, the state attorney is given a chance to make her contributions, arguing that the defendant presented a major threat to the community due to the alleged sexual offenses, and thus the state was requesting a $200,000 cash bond and mandatory electronic monitoring. More so, the judge interrogates the defendant on his living conditions and operation before making the days ruling. The judge recommends a $60,000 bond and an ankle monitor on conditions that he does not interfere with witnesses, minors, no use of alcohol or drugs without prescription. Finally, the defendants plead with the judge to be lenient, arguing that he was sorry for his actions and that it was the first time he was being involved in a violation of the law. The defendant appeared to be remorseful for his misconduct and violation of the law.
Initial Appearance of Jose Rojas-Minjares
The video represents the initial appearance of Jose Rojas-Minjares in state courts. The courtroom operations take the interaction of the judge, interpreter, the defendant, and the bailiff. The different parties engage based on their roles and responsibilities before the court, where the defendant is accused of ruling a minor for sexual exploitation and sexual conduct with a minor.
The court follows different courts proceeding in the interest of justice for the parties involved in the case (Johnny, 2014). In this case, the judge introduces the case by reading the different charges leveled against the accused. Consequently, the court uses an interpreter for the defendant to effective and efficient communication between al, the parties involved. More so, the judge enhances interaction with the defendant and informs him that the court had an attorney. Moreover, the judge reads different hearing dates that the course would be heard before the final ruling. Additionally, the judge issues bail terms since the offense, in this case, is subject to bail.
The different parties to the court proceedings have engaged in different capacities in the interest of court proceedings. The judge, with the help of the interpreter, reads the accusation levels against the defendant. The judges recommend a bail of $15,000 for the offense committed and different bail terms that include electronic monitoring with curfew restrictions, no contact with minors, and prohibition from accessing the internet through any electronic means unless when they are working and using work computers and devices. Additionally, the defendant engages the judge through a question and answer sessions on the bond terms for clarity purposes. The defendant’s appearance is that of a remorseful person.
The initial court appearance of Armando Hernandez
The video presents Armando Hernandez’s initial court appearance at the Fourth Avenue Jail Phoenix on May 21, 2020, upon the accusation of indiscriminate shooting at Westgate. There are different parties’ presents in the courtroom, including the judge, state attorney, defendant attorney, and the defendant, as seen and heard from the video. The judge directs the court proceedings by introducing the parties involved and reading the different accusation leveled against the defendant, such as the three counts of aggravated assault with a deadly weapon, three counts of aggravated accounts with physical injuries, one account of criminal damage, one count of recklessly damaging the property of a utility, five counts of discharging a firearm and one count of disorderly co duct with a weapon.
The court has indicated court proceedings’ adherence to the different parties and operations involved in the case (Johnny, 2014). In this case, the judge introduces the parties to the case and reads the charges leveled against him in the shooting incident. Consequently, the defense attorney is given a chance to respond to the charges against his clients and offer additional information in his client’s interest. Moreover, the state attorney offers his account and evidence against the defendant in the state’s interest. The court proceedings are characterized by exchanges concerning the direction taken to release the accused on bond.
The different parties involved in the case offer different arguments and positions regarding the case at hand. The judge is involved in giving direction and managing the court proceedings. The court introduces the party to the case and reads the charges against the accused while interrogating the different parties. Consequently, the defense attorney argues that the accused had no criminal record, had a stable job, and a family, and thus he needed to be released on a reasonable bond before the following court proceedings. On the other hand, the state attorney gives the extent of the damage caused by the accused by presenting the victims’ accounts and conditions of the shooting incident. The state attorney further gives the history of the accused, arguing that he was a threat to the society for the prone to implement other attacks due to his psychological condition, and thus he should be released on a hefty bond of $1,000,000. Finally, the judge concluded the court session by giving the bond terms and instituting a $1,000,000 cash bond. The accused appearance was calm and unbothered.
References
Johnny, C. T. (2014). An Assessment of the Transition to a Paperless Initial Appearance Court. National Center for State Courts.
Vaughn, R., & Cencich, J. (2014). Initial Appearance. The Encyclopedia of Criminology and Criminal Justice, 1-3.