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Criminal Trial Letter
I hope all is well. I am contacting you today to inform you of the judge's decision to postpone your
trial until the next trial calendar. We can't express enough how upset we are at the judge's decision.
We know that you are seeking closure and we want the same thing. I want you to know that we did
not accept this decision without a fight. Please allow me the opportunity to express our attempts to
prevent the judge from postponing your trial and then outline what we intend to do moving forward
to fight for an earlier trial day. As you know, about a month ago, we were notified that a new
attorney would be representing the Defendant. The new attorney filed a leave of absence with the
court for January 17–22. The Fulton County State Court ... Show more content on Helpwriting.net ...
James Thompson is your physical therapist. He oversaw your physical therapy in both your 2015
and 2016 wreck. His testimony is necessary to explain to the jury how you became injured, why you
still feel pain, and what your prognosis is for the future. Dr. Thompson also has visuals that he will
use to show the jury where and why you still feel pain. For these reasons and more, we requested
that the judge allow us to proceed with the trial on Thursday, January 24th. Yesterday, at 11:30 a.m.,
we received an email from the judge. The judge informed us, and opposing counsel, that it was
unlikely that we would be going to trial on Thursday, January 24 for following reasons: 1. Opposing
counsel's leave of absence for January 17–22. 2. The court's concern that the parties would not be
able to complete the trial in 2 days given jury selection and the number of witnesses. In light of
these concerns we provided the judge with the following options for his consideration: 1. We
informed the judge that we were willing to have each party limit their jury selection to 30 minutes as
an effort to shorten the trial. 2. We informed the judge that outside of our main witnesses, we were
willing to limit our examination of all other witnesses to 15–20 minutes per witness. (There are only
5 witnesses in this case and opposing counsel has no witnesses other than the
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Investigating The Crime Of A Criminal Trial
In chapter thirteen, Anderson and Gardner discuss the measures in gathering evidence to identify an
offender in a criminal trial. In a criminal trial, the prosecutor must prove the crime alleged of the
suspect did occur (prove of corpus delicti), and/or that the defendant committed or was a party to the
crime committed. Therefore, direct and circumstantial evidence is used to substantiate the defendant
has committed the crime. Identification evidence may account for several factors, in which include:
"identification by the victim of the crime. Identification by the eyewitnesses. Confessions,
admissions, or incriminating statements by the defendant or his associates showing that the
defendant committed the crime or was a party to the crime. ... Show more content on
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319). Mistaken eyewitness identification is usually due to a number of estimator variables: Stress,
Duration of events, Witness character, Memory decay, and several others. These variables initially
can cause the witness to make a misidentification.
In addition to eyewitness identification, line ups and showups are used to identify a witness or a
suspect. Lineups are an identification procedure, in which the witness or the victim of the crime is
able to observe and pick out any possible suspects related to the crime. As for a showup, the witness
of the crime is able to view the suspect alone, without other possible suspects. For example, when a
suspect is apprehended, a police officer could rely on a showup procedure and present the victim of
the crime with a drive by of the detainee in an effort to identify the suspect. These identification
procedures are important for the witness because they provided a comfortable setting in which can
help them be as precise as possible in making a identification.
The use of photographs or sketches are essential in identifying a suspect of a crime. Nonsuggestive
photo arrays include multiple photographs, usually six or eight, showing a person of the same
general description. The
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Explain The Stages Of A Criminal Trial
Criminal trials have stages which include approximately thirteen stages. The stages are as follows;
1). The defendant goes to trial. 2). Discovery proceedings. 3). Motions filed 4). Trial begins. 5).
Opening statements. 6). Prosecutor's case. 7). Presentation of evidence. 8). Defendant's case. 9).
Prosecutor's rebuttal case. 10). Closing arguments. 11). Jury instructions. 12). Deliberations. 13).
Verdict. These stages do not occur in every trial although they are listed.
Lets' define the stages for clarity and knowledge. The defendant goes to the court room to stand trial
after jury selection and all preliminary proceedings are completed. The proceedings are requested to
identify the prosecutor's evidence to the courts and motions are filed and then the trial begins. The
opening statements by the prosecutor are simply outlining the case for the jury and the court. The
defense team is not required to make an opening statement in most cases. The prosecutor proceeds
to submit evidence and proceed with the questioning of witnesses and as they proceed, they are
required to present without a reasonable doubt, all components of the crime. ... Show more content
on Helpwriting.net ...
In most cases the defense would motion for a dismissal and wait for the judge to rule. But if they
choose to proceed with the trial, they start requesting witnesses to question and make their case to
the jury and the court. Then the rebuttal period is next, where the prosecutor and the defense are
cross examining witnesses, trying to prove each other's proof of evidence or lack of evidence and
maybe reexamine some witnesses for clarity. Then the defense will summarize their case and then
the prosecutor will have the final summary of their case and then the judge starts instructing the
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Explain What Level Of Proof Is Required In A Criminal Trial
1. What level of proof is required in a criminal trial? How does that differ in a civil trial?
a. The level of proof required in a criminal trial is: "proof beyond a reasonable doubt (Fifth and
Fourteenth Amendments' Due Process Clauses)." (Garland 17) Meaning that if the judge has no
doubt on the defendant's guilt based on the evidence provided he will be sentenced as guilty. On the
other hand, in a civil trial, all that is needed is proof by a "preponderance of the evidence," which
means that one side of the case has more proof than the other resulting in a small margin of
difference between the case verdict.
2. How many jurors must there be in a California criminal case? How many must agree to sustain a
conviction?
a. In the state of California ... Show more content on Helpwriting.net ...
List six qualifications for a juror. (Garland 32)
i. Is a citizen of the United States; ii. Is a resident of the state; iii. Is at least 18 years of age; iv. Is of
sound mind;
v. Is in possession of the person's natural faculties; and vi. Is able to read or speak the English
language.
4. What is voir dire and jury nullification?
a. Voir dire– A process in which jurors are questioned in order to select the members of the final
panel. Another definition given by Garland is "roughly it means "to speak the truth."
(Garland 32)
b. Jury Nullification– Is when a jury reaches a verdict that is opposing to that of all the evidence
presented.
5. What is the difference between a jury trial and a bench trial? Who determines which it will be?
a. A bench trial takes place in front of a judge and there are no jurors (jury) present. On the other
hand, a jury trial is when members of the public act as jurors and provide their feedback to the judge
once they hear the evidence provided. The prosecuting attorney needs to agree to a trial without
jurors present. Once it is agreed the judge will commence the case without a jury present. A
defendant also has the right to waive a jury, however it is only allowed in some
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The Trial Process For A Criminal Case
Introduction There are many aspects of the pre–trial process for a criminal case. First step of the
process begins with the persons arrest. A suspect is then booked into the system and may be able to
post bail. Then comes the arraignment and they maybe a possible plea bargain and then a
preliminary hearing if no plea bargain is reached. Two Types of Crimes In Pretrial criminal cases
there are two types of crimes, misdemeanors and felonies. There are two events that can occur. One
is a criminal complaint and the other is a warrantless arrest. A warrantless arrest can happen if
someone commits a crime right in the presence of an officer. The officer does not have time to go
get an arrest warrant and go find the suspect. So in this case ... Show more content on
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Some jurisdictions don't require an initial appearance by the suspect. The suspect should be brought
before a judge within a reasonable amount of time, ideally less than 6 hours. The initial appearance
advises the suspect of the reason for detainment, their right to have appointed counsel, their
protection against self– incrimination. Bail can also be set at this point. The initial appearance is
usually a brief hearing. Probable Cause Hearing The 4th Amendment requires that a probable cause
hearing be held if an arrest is made without a warrant. The purpose of the probable cause hearing is
to determine if there is probable cause to hold a person in custody. To prevent prolonged
confinement the probable cause hearing is usually held quickly to determine the validity of the arrest
charges. A neutral party needs to determine the validity so that the suspect is not detained
unnecessarily as detainment affects their income and family. Bail If someone has been arrested for a
minor offense and does not pose a flight risk they may be eligible for pre–trial release. If there is a
chance the suspect might not show up for court then they are likely to remain jailed until their court
date. To insure that a suspect will show up for their court date they are required to post bail. This is a
payment made to the court on behalf of the suspect. The Eighth Amendment states that
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Pros And Cons Of A Criminal Trial
In this trial the prosecution won because they had the most evidence when they were giving their
statements they just we more organised the the defense team was. With the defense all they were
doing was saying that the Sam and Bill were trying to not hurt red chief and they won't but what
doth teams did is that they didn't see that all of the witness lied under oath red chief lied when he
said that "he didn't want to go with them into the cave", bill lied when he said that "red chief
followed him into what he called it was the woods but we all know that Bill and Sam want to kidnap
red chief just to get money so the could get out of town so that they wouldn't go to jail because they
were both wanted for stealing. Mr Dorset lied when he said
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Prison Is A Building For The Confinement Of Criminals Or...
According to the Oxford Dictionary, "prison is a building for the confinement of criminals or those
awaiting trial". The reasoning behind the prison has been one of the controversial issues since 20th
century. The following essay considers the practicality of prisons, particularly whether the foremost
purpose of the legal system by prisoning the victims is to punish offenders or to preserve the public,
to rehabilitate criminals. In particular, this essay will attempt to give a balanced argument both to
support and against the imprisonment system. To begin with, Telegraph News has drawn attention to
the fact that, with fewer than 15 open prisons in the UK, our system is focused on punishment rather
than rehabilitation. This indicates that, first and foremost reason of prisoning the criminals in United
Kingdom is to punish them by "evacuating" from public for a while. Community sentences and
programmes that are outcome focused are the most successful penal intervention at preventing
reoffending and have the support of victims. By punishing offenders government reduces the crime
rate, since victims will foresee the results of their actions and probably they will feel more
embarrassed to repeat their actions. Furthermore, another purpose of imprisonment is to rehabilitate
criminals and to correct some of the inadequacies of offenders that may be linked to their criminal
behaviour and their continued involvement in the criminal justice system. Rehabilitation refers as,
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The Court System Of The Criminal Trial
This report is on the account of a trial heard in Swansea Crown Court on 8 March 2016. The
purpose of the report is to show significant knowledge in the application of relevant areas of law to
its involvement in the criminal trial. In accordance, the concept of criminal law, English legal
system, function and structure of the court system, roles of court personnel, the procedure of the
criminal trial, strength and weakness of the court system, and proposed reform of the courts have
been put into consideration.
The court system of the United Kingdom is considered in hierarchical levels from the Supreme
Court to the Court of Appeal to High Court, Crown and County Courts to the Magistrate Court. The
courts have their jurisdictions of ... Show more content on Helpwriting.net ...
On arrival, the security ensured that all belongings are checked in order to properly safeguard the
court environment. Also, I was given the list of cases to be heard and attended the case of Evans
Ashley J. who was up for trial.
The trial was a private hearing. This means that members of the public, press or unrelated audience
were not allowed to sit for the hearing of the trial. This system is advantageous as to ensure that
publicity of the case would not, in turn, defeat the object of the hearing and so the courts considered
it essential for the jury to be uninfluenced by the public to avoid any form of bias in the interest of
the justice system. Also, due to our academic involvement in the trial, the ushers, as well as the
judge, explained that the case is neither to be disclosed nor discussed to anyone external but only
within the sphere of academic purposes. Accordingly, the only people present were; the judge, the
jury, 2 clerks, the defendant, his advocate, a member of the Youth Defending Team, the prosecutor,
the prosecutor's solicitor and the dock officer.
The trial involved a defendant who is a minor and was charged with assault of grievous bodily harm
under section 18 of the Offences Against the Person Act 1861. He was duly released from the dock;
an enclosed space at the far end of the court where the accused sits or may stand during the trial,
because of his age
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Criminal Trial Of Boys Essay
Lyle and Erik Menendez were two young men who seemed to live an extravagant lifestyle with their
parents, Jose and Mary Louise known as Kitty. Their father, Jose, worked very hard to provide his
family with everything they could need, but this came with repercussions. Jose was extremely tough
on the brothers starting at a very young age. Always placing high expectations on them for school,
sports, and work, and one day they boys finally snapped. On August 20th, 1989, Lyle and Erik
murdered their parents with an unclear motive. After they shot them fifteen times, combined, they
left to create an alibi to lead police off their tracks, this lasting a mere seven months. Everything was
going well with the brothers, they were on extravagant spending ... Show more content on
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By the time the trial came around, it was evident that the boys had committed the murders, but it
was still unclear why. After a ninety–day trial, some jurors seen the murders as self–defense from
the alleged abuse and sexual abuse that was inflicted upon the boys by their father (Smolowe). The
first two sets of juries found that the lifetime of abuse was enough to not convict the boys of the
murders, but the third did not. The third jury were the ones that sentenced the boys to prison without
the possibility of parole. During the first trial, one juror believed that these acts were self–defense,
but others did not. Both of these trials were very horrific and the boys also said very horrific things.
The jurors were said to only be shocked twice, once when Lyle said he would miss his dog more
than his mom, and when Erik said he felt love for his mother when he put the shotgun against her
cheek and shot her. These two comments brought the third jury to convict these brothers. The third
jury did not believe that the boys killed Jose and Kitty because of the abuse that was supposedly
inflicted upon them, but for them to receive their parents fortune (Latson). On March 20th, 1996, the
brothers were then sentenced to life in prison without the possibility of parole, and justice had
seemed to finally be served
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Effectiveness of the Criminal Trial Process as a Means of...
The effectiveness of the criminal trial process as a means of achieving justice
The criminal trial process aims to provide justice for all those involved, while it succeeds in the
majority of cases, it effectiveness is influenced and reduced by certain factors. These include the
legal representation involved in a case and the availability of legal aid, the capacity of the jury
assessing the trial, the credibility of scientific evidence and the impact of social media on the trial
process. Due to such flaws the criminal trial process is not always an effective means of achieving
justice.
There is often unfair advantages in the trial process as not all members of society have the same
access to legal representatives or availability of ... Show more content on Helpwriting.net ...
This may also be due to the credibility of scientific evidence, for example the scientific evidence of
DNA is hard to disprove in court as members of society are made to believe through the influence of
social media that if there is DNA evidence present the accused is guilty beyond reasonable doubt.
While DNA has helped solve many cases and been used in court during the criminal trial process to
prove and disprove an accused innocence it also adds to the flaws in the efficiency of the trial
process. There are cases in which the accused had been wrongfully convicted due to DNA results,
such as the case of Farah Jama where a man was wrongfully convicted of rape through the evidence
of DNA alone. Farah Jama was convicted of raping a woman in a nightclub in 2006, in 2008 before
a jury he was sentenced to six years jail by Judge Paul Lacava. Farah was found guilty of rape solely
on the basis of DNA, adding to the suggestion that the jury is persuaded by the DNA evidence. In
early 2009 a solicitor took on Jamas case, asking for the retesting of the key DNA sample, the
scientist who retested the sample expressed doubts to its reliability. Jamas was later acquitted and it
is highly likely that he was convicted of a crime that never took place. This was a miscarriage of
justice which raises the question whether or not scientific
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Hearing Trial And Criminal Justice
In Philadelphia, just blocks from where, both, the United States Declaration of Independence and
Constitution were debated and ratified, sits the Juanita Kidd Stout Center for Criminal Justice
(hereinafter C.J.C.). Unfortunately, somehow in those few blocks, or many years, our sense of
justice and fairness were lost.
On Friday, March 23, 2017, I observed activities at the C.J.C. from 8:05 a.m. till 12:30 p.m. I had
opportunities to view Magistrate Rice preside over bail hearings, Judge Thomas Gerhet preside over
a trial and conduct 'Drug Court' progress hearings, and Judge Frank Palumbo conduct probation
hearings. Although, I witnessed over 26 different hearings, due to assignment constraints this paper
will focus largely on one case and ... Show more content on Helpwriting.net ...
I apologized and informed her I was a student from Kline.
Subsequently, the public defender returned her attention to the current case before the court, where a
defendant, Ms. Alias, was accused of aggravated assault, simple assault, and conspiracy. Alias lives
with her ex–girlfriend, the complainant. The magistrate talked with Alias and then said "$5000
S.O.B." and ordered her to stay away from the complainant and the house they share. Immediately,
Alias complained, but not about the money or that she did not understand "S.O.B.". Sadly, Alias
exclaimed, "my children live there"! After talking with Alias, the magistrate told the prosecutor, "I
am going to do this my way," noting that the three young children need their mother and to be in
their home. The prosecutor immediately picked up the phone, to which the judge responded, "I don't
care if you are going to appeal." The prosecutor then told the officers to "hold the defendant pending
appeal by the district attorney's office." The magistrate called the next case. A few minutes later, the
prosecutor interrupted the magistrate to say, "no appeal will be file." Alias was then brought back on
the C.C.T.V. and informed that she could return to her home, but was not to talk or have physical
contact with the complainant.
I appreciated the magistrate's concern for the defendant's children, but was
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Nuremberg Trials In Criminal History
"Laws control the lesser man... Right conduct controls the greater one (Plato)." World War II was the
deadliest conflict in world history, on and off the battlefield. The genocide performed by Nazi
Germany was something that had never been seen before, and shocked mankind across the world.
This atrocious behavior punished those for what they believed in, in the most inhumane ways
possible. The trials that followed, which made those who participated in this behavior answer for
their actions, were some of the most historic trials in legal history, not just because of what was
being judged, but also because of the viewpoints that came about because of them. The Nuremberg
Trials, which occurred in Germany, were viewed across the world with opposing ... Show more
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These trials were taken into account with the formation of the United Nations and the Geneva
Conventions, as well as influencing documents written by NATO. These are all major organizations
focused on enforcing international law today. They also showed that humans have rights under
international laws that cannot be violated by any state. This means that if a country has a law in
place that goes against international law, leaders of that country can be prosecuted because of it.
Society also took into consideration the mistakes made during these trials, and used them as a
building block on how to approach future trials.The Nuremberg Trials also helped defined crimes
against humanity. While genocide had occurred before the trials occurred, it was never to the extent
Nazi Germany took this horror too. Now, international law defines crimes against humanity as
"Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian
population, or persecutions on political, racial or religious grounds, when such acts are done or such
persecutions are carried on in execution of or in connection with any crime against peace or any war
crime" (Rosen). And these trials come into consideration in how we approach prosecute those
accused of war crimes
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Criminal Trial Stages
List and define the stages of a criminal trial.
1. Arrested: The first step is a person may be arrested if the police have probable cause that he or she
did the crime. Meaning probable cause is reasonable suspicion that someone has committed a crime.
Moreover, police have a reason to suspect them, because someone saw them commit the crime,
there is evidence available, and someone's testimony.
2. Accused sent to jail or released on bail: If a person is arrested and he does not pay bail, he will
have to go to jail or prison until his trial. This can last anywhere up to one week, to a month
depending on the court's docket. If a person pays out bail they give the court the money, and when
they show up for court they give that money back.
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The Criminal Trial Process
Criminal Trial Essay
When criminal offenders get arrested, they are than booked into custody until the trial proceedings
are over with. Unlike the criminal cases that are displayed on national television, an offender must
undergo steps at a time for a criminal trial. The televised version of a criminal trial will have one
thinking that it works that fast and it don't. Each process that the defendant would go through takes
months or even years. The nature of the crime as well as whom the person is and their past
convictions. It takes time and lots of money to take cases to trial, the need to have a prosecutor,
defense attorney, possible juror's, and a judge. This overview, will define what a criminal trial is, the
specific parties that are involved with the criminal process, and will explain the process in detail.
The offender will be arrested and booked into jail until hearing or they may also be eligible to be
bailed out until the trial. They may depending on their history can be released on their own
recognition. In fact, "A criminal trial is the examination in court of issues of fact and law in a case
for the ... Show more content on Helpwriting.net ...
In fact, the sixth amendment was created for the protection of offenders and their rights while they
are in custody (Criminal procedure, 2013). Therefore, the process is arrest, booking, hearing date,
first appearance hearing, trial date. Once the defendant is at trial there will be opening statements,
testimony and evidence. Than the jury deliberates and comes up with a verdict, when the agree on a
verdict next the defendant will be sentenced if found guilty (Neubauer & Fradella, 2014).
Depending on the type of trial it is, some trials are high volume cases like an actor or a musician.
Top celebrity cases can come with news media, and news people broadcasting the entire trial. Big
profile cases can be even more of a disaster with a bunch of angry people and
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Pros And Cons To Criminal Trial
Prosecutors have several alternatives to criminal trial. They may accept a corporation's offer to plead
guilty. They may defer prosecution of the corporation under a deferred prosecution agreement. They
may accept a corporation's offer to sign a non–prosecution agreement, frequently with the intent to
prosecute corporate officials or employees. They may elect to forgo prosecution in favor of civil
sanctions.
Since corporate misconduct often occurs in a regulatory context, civil or regulatory sanctions may
be available. Whether prosecutors consider them appealing alternatives may depend in part on the
severity of the misconduct and the severity of the sanctions. The factors the guidelines identify
include "the strength of the regulatory authority's ... Show more content on Helpwriting.net ...
As part of, or in conjunction with an agreement, a corporation may be induced to shed executives,
assist in their prosecution, underwrite extensive remedial action, pay substantial fines, acquiesce in
the forfeiture of property of considerable value, establish a robust compliance process, and accept an
oversight monitor for assurance of its continued good behavior.
a. Plea Agreements
Prosecutors historically avoid high costs of taking corporations to trial by either dropping charges or
entering into a plea agreement at the end of a criminal investigation.
In negotiating plea agreements with corporations, prosecutors should seek a plea to the most serious,
readily provable offense charged. In addition, the terms of the plea agreement should contain
appropriate provisions to ensure punishment, deterrence, rehabilitation, and compliance with the
plea agreement in the corporate context. Although special circumstances may mandate a different
conclusion, prosecutors generally should not agree to accept a corporate guilty plea in exchange for
non– prosecution or dismissal of charges against individual officers and
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Investigation Of Criminal Investigation And Trials
in criminal investigation and trials by Dr B.P Maithil) CASE STUDIES:
CASE NO. 1
On night intervening, a Saturday party was going on at kutub colonnade in a restaurant, Delhi. That
night the liquor was served by the woman bartenders named as Janvi shah with her co– tender jayant
sharma. At about 2 am, mukesh Verma and Brejesh Sharma along with their friends went there and
asked for the drinks, the waiter did not serve them the liquor as the party was over, Janvi shah and
jayant sharma were tried to make him understand that the party was over and there was no alcohol
available with them. On refusal to serve drinks, mukesh verma took his pistol and fired one shot at
the roof and another at Janvi which it near her left eye as a result of which she fell down. Meena
ramini who is the owner of the restaurant stopped the appellant and questioned him as to why he had
shot Jessica and demanded the weapon from him but he did not hand over the pistol and ran away in
his black Tata safari. The victim was sent to the hospital where she was declared brought dead.
The FIR was dodged in the near police station. The police took the statement of the eye witnesses
and prepared the list of invited guests. During investigating the crime scene two cartridges shells
were found and the bullet was also recovered from the roof and sent to the Forensic Science
Laboratory for the examination. The police started searching for the accused. On the same day, at
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Stages Of A Criminal Trial Essay
I will be listing and defining the stages of a criminal trial (Bohm & Haley 2012).
List and define the stages of a criminal trial.
The following is a list and description of the stages of a criminal trial (Bohm & Haley 2012). The
first is the jury, selection and swearing in of the jury (Bohm & Haley 2012). This is where the
prosecution and defense question a pool of citizens from the community to see who they want and
do not want on the jury for the trial. Once the jury is selected they are sworn in by the judge.
The second stage of a criminal trial is the opening statements this is done by the prosecution and the
defense (Bohm & Haley 2012). Both prosecution and defense give an overview of what they are
going to present in their cases. ... Show more content on Helpwriting.net ...
This is where the defense and prosecution gives a final statement of facts of the case to the jury to
sway them to their side.
The seventh stage of a criminal trial is the judge's instructing, or charging, the jury (Bohm & Haley
2012). This is where the judge gives the jury instruction on how to deliberate on the case in a fair
and balanced way.
The eighth stage of a criminal trial is the deliberation and verdict (Bohm & Haley 2012). This is
where the jury looks over all the evidence presented in the case by the prosecution and the defense
and decides of guilt or no guilt and in some cases a hung jury. The way the jury determines this is by
a vote of the jurors. Once the verdict is reached they advise the judge and return to the courtroom
and the verdict is read aloud. (Bohm & Haley 2012).
Therefore, this is the stages of a criminal trial within the criminal justice system (Bohm & Haley
2012).
Reference
Bohm, R. M., & Haley, K. N. (2012). Introduction to criminal justice (7th ed.). New York:
McGraw–Hill. Retrieved from:
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Factors That Influence The Criminal Trial Process
The criminal trial process is an aspect of the legal system that aims to exercise the court hierarchy
and jurisdiction. The Criminal trial's aim is to achieve justice however it fails to balance the rights of
victims and defendants as well as exercise legal mechanisms to achieve justice, as the legal system
aims to achieve justice through the trial process, however its effectiveness is influenced and reduced
by certain factors this as justice is based on equality and fairness, thus why the lack of legal
representation, legal aid and the jury system are factors that substantially influence the criminal trial
process in achieving justice. due to such flaw the criminal trial process fails to recognise the rights
of individuals as well as the upholding justice for victims due to the lack of balancing legal
mechanisms to achieve justice.
The adversarial system plays a vital role in the Criminal Trial Process. It is a system known for
achieving justice as it allows each party the equal opportunity to present its case, this decreases the
bias ... Show more content on Helpwriting.net ...
It achieves fairness as it entitles individuals of either party to defend themselves with a legal
representative. In the Australian Legal system, a defendant has a right to a fair trial. In 1979, the
New South Wales Government created the Legal Aid Commission, under the Legal Aid Commission
Act 1979 (NSW). The commission provides legal assistance and representation to individuals who
are socially and financially distraught to guarantee that they have equitable access to the law. It
plans to shield individuals' rights in the legal system and to enhance their access to equity, thus
showing how the criminal trial process aims to achieve justice as most individuals of either party are
provided with legal aid, providing accessibility for society, by entitling them to legal
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Criminal Trial Process
Justin nikirk
Law enforcement
Lori Petro
4/24/15
Part 3 of final project
Biography of police chief
Name: Garry Hamilton
Height: 6ft 2in
Weight: 185lbs
Hobbies: Hunting, fishing, cars, martial arts
Family: Wife (Debbie) Four Kids (Joe, Justin, Matthew, Kristina) Mother (Tina) Dad (Chad)
Education: High school diploma (Northrop High School) Associates Degree in Criminal Justice (Ivy
Tech Community College)
Police Career: Accepted 1989, captain in 2000, Lieutenant in 2010, Police chief in 2014
Community profile
The township of St. Joe is a very close community everybody respects each other and everybody
helps each other if they ask for it. There is this one kid named Justin Nikirk and he is one of the
most helpful person ... Show more content on Helpwriting.net ...
Interviewer: That is cool I watch cops sometimes to, I just don't like the fact that I can get hurt really
bad.
Police Chief: Yeah I have that fear to but I think that when you can help protect our city I would risk
my life for it.
Interviewer: I have one last question what is your opinion on the use of deadly force?
Police chief: That Is a very good closing question when it comes to using deadly force you have to
be 110% sure that your life is in danger and the only way you can get out is to use deadly force. I
will always go home to my family if I can help it.
Documentation
Week 1: I chose what topic I wanted to write about
Week 2: I made an outline of what it was going to look like.
Week 3: I wrote the first draft of the concerns and the profile
Week 4: I made the final changes to the project.
Week 5: I wrote the T.V script.
Week 6: I put it all
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The Nuremberg War Criminal Trials
The Nuremberg War Criminal Trials
In the 1940's, World War Two was drawing to a close, and Nazi Germany, while fresh in the
memories of many, was falling apart and was losing influence. The problem was that many of the
Nazi leaders were still out there, including Hermann Goering, the man responsible for starting and
constructing the first of his many Concentration Camps. The case consisted of 13 separate trials for
22 leaders for the Nazi party, and many of whom received the death penalty. The trials were a
symbolic representation of the death of Nazism, and the world uniting for a greater cause and for
justice.
The Nuremberg Trials all started when the Soviet Union, Great Britain, and the United States of
America issued a joint declaration ... Show more content on Helpwriting.net ...
All of which had a bone to pick with Nazi Germany (Fireside 17–19). In any sense, the trials helped
put to rest many of the suspicions of the people as everybody was given a full and fair trial, and
several of the men on trial only suffered minor prison sentences and a few were even acquitted of
the crimes they were accused of. So in conclusion, the 13 trials that would later be infamously
known as the Nuremberg War Crime Trials charged dozens of Nazi criminals with deaths of
innocent people, and saw to it that Justice would prevail. The trials, signaling the end of the Nazi's
genocidal reign, helped unite the world and gave closure to those who suffered under Hitler's and
Hermann's
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The Process In A Criminal Trial
Criminal Trial Process
Criminal Trial Process There are many distinct parts to the process in a criminal trial. Some parts of
these trials happen within every single trial while others can be hit or miss and do not happen all of
the time. Regardless, the defendant in each trial either gets off on some or all charges or is convicted
on one or more charges. Regardless, there is an orderly process behind what might or might not
happen.
The Process Before the trial even starts, there are several things that have already happened. The
first is the arrest of the charged person. The person is arrested by police, or he/she turns
himself/herself in, based on one or more charges that have been brought against the person. The
person must then make an initial appearance before a judge. The person must be arraigned in a
timely fashion and the defendant must then enter a plea at that hearing. If the defendant pleads
guilty, there is no need for a criminal trial as the person is admitting that they are guilty (Nolo,
2012). If, however, the person pleads not guilty to one or more charges, the trial process will start.
At any point in the process, whether it be before the trial or during it, a deal can be cut between the
prosecutor's team and the defendant. This is often done to avoid a lengthy and expensive trial and
the defendant often gets some form of lenciency if they do plead guilty. Leniency can come in the
form of less time overall, probation instead of actual prison time,
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Positive Outome of Media Coverage of Criminal Trials in India
In India, the growing phenomenon of activist media coverage of criminal trials has seen some
positive outcomes. It is even arguable that until India's rotten criminal justice system is reformed,
the judiciary must tolerate journalistic vigilantism. A journalist must not be given an absolute free
reign to wantonly declare an accused person as innocent or guilty.
Any institution, be it legislature, executive, judiciary or bureaucracy, is liable to be abused if it
exceeds its legitimate jurisdiction and functions. But sometimes these ultra vires activities are
blessing in disguise as is the case of judicial activism. Media trial is also an appreciable effort along
with the innovative sting operations as it keeps a close watch over the investigations and activities of
police administration and executive. But there must be a reasonable self–restriction over its arena
and due emphasis should be given to the fair trial and court procedures must be respected with
adequate sense of responsibility. Media should acknowledge the fact that whatever they publish has
a great impact over the spectator. Therefore, it is the moral duty of media to show the truth and that
too at the right time.
No person charged of any crime should be judged by the media because that person is innocent until
proven guilty, and it one the basic premise of criminal jurisprudence. And, no one, and this includes
also the media, should be allowed to temper with the functioning of law. The rule of law as
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Criminal Court Trial Research Paper
When watching crime shows such as Law and Order, individuals are given insight into how criminal
court trials work. However, there are specific details that these shows usually skip because there
boring, but these proceedings tend to be complicated. There are three branches of government that
include: legislative, executive and the judicial branches. The Judicial Branch is the sector of
government that presides over criminal cases and interprets the law. Within the system there are
various courts a person can be tried such as: Criminal Court, Family Court, Civil Court and Supreme
Court. This enables individuals the power to check the judicial system by brining their case to
different courts. Furthermore, each state has their own regulations that must be followed by the
citizens. In New York City Criminal and Supreme court begin to consider children adults when he or
she turns sixteen. Therefore, ... Show more content on Helpwriting.net ...
Thus, family court takes precautions with cases concerning the youth. Once the child turns eighteen
their criminal record is sealed as opposed to when an adult commits a crime (Reuters 1). The
supreme court case of Schall v. Martin established the policy known as prevention detention, which
would safeguard juveniles from future violence (Fagan 419). When a person is tried in family court
there are different regulations the defendant must follow. As opposed to criminal court the main
objection in Family Court is to rehabilitate the youth (Emery 500). Many of the legal cases
presented in Family Court, often motivated by the principle of maintaining the best interest of the
child. However, in the 1960's it became more common to use punishment for children in family
court because they were not learning from their mistakes (Emery 501). Furthermore, when
comparing adults and juveniles, juveniles are not bestowed the same right's as adults in criminal
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Criminal Trial Observation
Assignment 3
The Court: 19th Judicial Circuit Court of Cole County MO
Court Address: 301 E High St Jefferson City Mo 65101
Court Telephone: (573) 634–9150
Date of Court Visit: September 21, 2015
Name of Case: State of Missouri v. Steidley
Subject of case: (retrial) 2nd degree arson
I went to the Cole County Courthouse to observe a criminal jury trial that involved a retrial for
second degree arson. I was able to be a part of the jury selection proceedings. I witnessed what kinds
of questions that are asked of the potential jurors and to see how people respond or act when they
are put on the spot about their personal beliefs about certain things. This was a very interesting
proceeding for me as I have never been selected for jury ... Show more content on Helpwriting.net ...
He asked the jurors if they had any kind of personal feelings about arson or any kind of experience
that involved arson that would hinder them from making a fair decision. He too asked about the
possible witnesses that may be called to see if anyone knew them and if so how. The defendant, Kurt
Steidley, was there to watch the proceedings and was sitting with his team. Once all the questions
were over, the jury was dismissed out in to the hall and final selections were made. The bailiff came
out a while later and read the names of those chosen and informed them they would need to return
the next morning for opening agreements at 9am.
My opinion on this specific case is still unknown to me. It is a retrial because of a testimony given
by the interim Jefferson City Fire Chief Jason Turner that was not disclosed by the prosecution. The
judge advised the jurors to strike the testimony but the defense argued that they felt the defendant
had the right to understand and believe, that the testimony would not come back to the trail. I have a
hard time with something like this because of all the time and money spent just to be thrown away
and have to start all over. I understand the right to a fair trial but it just seems to me that with all the
evidence and testimony given, the correct verdict was given. I have to wonder if the verdict would
have been different, would the prosecution request a
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The Criminal Trial Process: From Jury Selection to Sentencing
The Criminal Trial: Trail Process: From Jury Selection to Sentencing Introduction The criminal trial
process is an interesting process that takes place in Courtrooms all across the United States and
throughout the globe. This study intends to set out the various steps in the criminal trial process in
the American justice system. A trial is described as a "legal forum for resolving individual disputes,
and in the case of a criminal charge, it is a means for establishing whether an accused person is
legally guilty of an offense. The trial process varies with respect to whether the matter at issue is
civil in nature or criminal. In either case, a jury acts as a fact–finding body for the court in
assessing information and evidence that is presented by the respective parties in a case. A judge
presides over the court and addresses all the legal issues that arise during the trial. A judge also
instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial
District, 2012) I. Jury Selection The first phase of a criminal jury trial is focused on selecting
specific jurors, which is accomplished through a process referred to as 'voir dire' which is a
screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12
jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury
involves the prosecuting and defense attorneys questioning the potential jurors and
... Get more on HelpWriting.net ...
The 's Scales Of Justice : Defense Counsel And The English...
Review of J.M. Beattie's "Scales of Justice: Defense Counsel and the English Criminal Trial in the
Eighteenth and Nineteenth Centuries"
Beattie, J.M. "Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth
and Nineteenth Centuries. " Law and History Review 9, no.2 (1991): 221–267.
Article Summary J.M Beattie, in "Scales of Justice: Defense Counsel and the English Criminal Trial
in the Eighteenth and Nineteen Centuries," investigates the transformations in English criminal law
the 1730s and 1836. In his work, Beattie argues that the gradual introduction of defence counsel in
criminal trials beginning in the 1730s transformed English criminal legal proceedings by
highlighting the defendant's right to advocacy. Furthermore, Beattie contends that the increase in
defence counsel in this same period contributed to, as well as reflected the larger social shift towards
recognising inherent defendant legal rights. The one hundred year period of study ends in 1836 with
the passing of the Prisoner's Counsel Act – guaranteeing the right of felony defendants to be
represented by counsel in English court rooms. The article begins by investigating the rise in
defence counsel in English criminal trials. Prior to the 18th century, English criminal trials were
short, and centred on the defendant's "natural response to evidence as they heard it for the first time"
(223). In an era of discretionary justice being administered by judges and juries, defence
... Get more on HelpWriting.net ...
Explain The Eight Stages Of A Criminal Trial
The stages of a criminal trial lead a proper renewed fair way to process a person who has committed
a crime within our judicial system. The eight stages of a criminal trial consist of trial initiation, jury
selection, opening statements, and presentation of evidence, closing arguments, judge's charge to the
jury, jury deliberations and the verdict. In my viewpoint the most impactful stages are the trial
initiation, jury selection, evidence and verdict. These stages allow a time frame for everyone take
action, which ultimately leads to proof of what a person may or may not have done. The principal of
a criminal trial is the verdict, which states a person to be innocent or guilty, the whole point of a
criminal trial.
The trials initiation is
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Criminal Trial Case Study
1. The trial from my perspective was that I was the only male jury member in the trial and that was
unique because the jury was full of girls with their opinions and I had mine and I thought it was
going to a biased trial but it turned out well as we were working fine with each other and were not
fighting based on opinions and that influenced my view on the trial because it wasn't as biased as I
thought. 2.I think the consent law is not fair to both parties because if there are drugs and alcohol
then it impaired their judgement and the blame show be placed on the initiator and the victim
depending on the situation because both parties should be responsible for their action but if there
was anything done by the initiator than the blame goes
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The Various Stages Of A Criminal Trial
What are the various stages of a criminal trial? Describe each one.
The various stages of criminal trials is certain stages of arrest that take place, and develop to an end
point of examination. The defendant is held and reasoned by question whether or not there was a
crime that has been committed. A trial can be reasoned and argue the case. This is done to have a
conviction of the defendant, and to be proven guilty.
One of the first stages is the "pleading stage" and it starts by filing of complaint by documentation
that is submitted, leading into a summon and response, then a motion to dismissal of claims, and
motion from judgment. The second stage is "pretrial" which questions are to be answered for the
finding of facts. Pretrial leads into a motion for a summary judgement, which is reviewed to seek if
there is enough merit. Cases could be dismissed if the facts are not relevant. Last for the pretrial
stage is the pretrial order, and it is when the case will be determined by the court and all parties are
recognized. The trial is last to take place with a jury selection and an opening statement for the jury.
After an opening statement the plaintiff testimony is held for the "proceedings consists of the
plaintiffs" who then present their experts and/or witness. There is the defense testimony in the
following along with the redirection and recall, a closing argument, a charge to the jury who
evaluates the case, then leads into the verdict, and last a judgement.
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The System Of Criminal Trial Essay
4.6(2) Adversary system
The system of criminal trial as mentioned or directed by the Code is the adversary system based on
the accusatorial method . In this system the prosecutor representing the State (or the people) accuses
the defendant (the accused person) of the commission of some crime; and the law requires him to
prove his case beyond reasonable doubt. The law also provides fair opportunity to the accused
person to defend himself. The judge, more or less, is to work as an umpire between the two
contestants. Challenge constitutes the essence of adversary trial and truth is supposed to emerge
from the controverted facts through effective and constant challenges . Experience has shown that
adversary is by and large dependable for the reconciliation of public and private interest i.e. public
interest in punishing the criminals and private interest in preventing wrongful convictions.
4.6(3) Section 304 of Code of Criminal Procedure: Legal aid to accused at State expense in certain
cases:
Most of the accused persons are poor and uneducated. They cannot afford to engage lawyers for
their defence, nor do they have any legal knowledge and professional skill to safeguard their
interests themselves. Therefore, though the adversary system predicts equal legal rights and
opportunities to the parties to present their respective cases before the court, such legal rights and
opportunities would in practice operate unevenly and harshly, affecting undesirably the poor accused
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Examine The Role Of Evidence In Criminal Trial
3. The role of the prosecutor is to decide which evidence should be presented and which is the best
way to present it. Evidence is chosen based on what is best fitted to present the case and helps to
build towards a guilty verdict against the offender. Judges give the final stamp of approval on all
evidence presented in a case. They are given power to either admit or omit evidence based on
prosecutorial or defense objects which will require interpretation of the law. The jury's duty is to
review and interpret the evidence in order to find the truth within it. During criminal trials they are
meant to decide if the evidence can prove guilt beyond a reasonable doubt.
The burden of proof of guilt in a criminal trial is placed on the prosecution because the defendant is
innocent until proven guilty.
4. ... Show more content on Helpwriting.net ...
Inferences are drawn based on presumptions.
9. A stipulation "serves the goal of judicial economy by saving the court's time and by allowing the
court to continue its business without requiring proof of a fact or issue over which the parties have
no disagreement" (Ingram p. 116). In other words it is a fact or group of facts that both parties agree
are true and need not to be proven as such; facts that are not disputed upon or require formal proof.
Stipulation to a fact means that both parties have agreed that proof of the issue at hand is not
required; it also cannot be taken to a contrary position later during the trial.
Ingram explains that "stipulated testimony merely amounts to a mutual agreement by both parties
that, if a certain person were present, he or she would testify under oath to the facts contained within
the agreed stipulation" (Ingram p. 190). In other words, a presumption of what a person's testimony
would consist of is being stipulated based upon what their role would play in the trial as a
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Stages of a Criminal Trial
Stages of A Criminal Trail Nancy Jane Strayer University
One stages of a criminal trial is the presentation of evidence, first the state is given the opportunity
to present evidence intended to improve the defendant's guilt. After prosecutors have rested their
case, the defense is afforded the opportunity to provide evidence favorable to the defendant. Types
of Evidence Evidence can be either direct or circumstantial. Direct evidence believed, proves a fact
without requiring the judge or jury to draw inferences. For example, direct evidence may consist of
the information contained in a photograph or a videotape. It might also consist of testimonial
evidence provided by a ... Show more content on Helpwriting.net ...
The Testimony OF Witness Witness testimony is generally the chief means by which evidence is
introduced a trial. Witnesses may include victims, police officers, the defendant, specialists in
recognized fields, and others with useful information to provide. Some of these witnesses may have
been present during the commission of the offense, while most will have had only a later
opportunity to investigate the situation or to analyze evidence. Before a witness is allowed to testify
to any fact, the questioning attorney must establish the person's competence. Competence to testify
requires that witnesses have personal knowledge of the information they will discuss and that they
understand their duty to tell the truth. One of the defense attorney's most critical decisions is
whether to put the defendant on the stand. Defendants have a Fifth Amendment right to remain
silent and to refuse to testify. In the precedent–setting case of Griffin v. California (1965), the U.S.
Supreme Court declared that if a defendant refuses to testify, prosecutors and judges are enjoined
from even commenting on this fact, although the judge should instruct the jury that such a failure
cannot be held to indicate guilt. In the 2001 case of Ohio v. Reiner, the U.S. Supreme Court
extended Fifth Amendment protections to witnesses who deny any and all quilt in association with a
crime for which another person is being prosecuted. Direct
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Nuremberg Trial In Criminal Justice
The history of international trials is largely limited to the Nuremberg Tribunals and the International
Criminal Tribunal for the former Yugoslavia. However, these limited historical precedents, with an
imperfect body of jurisprudence from which to draw, afford one objective: the search for justice.
This justice, however, is victim to the political will that drives trials (Goldstone, quoted in
"Historical Evolution – From Nuremberg to the International Criminal Court"). Thus, although
justice is usually the preeminent focus for a post–conflict society, it is also the most difficult to
attain (Hayner, 8). From a different perspective, one may see the most significant limitation of
international trials to be their subordination to international political will. ... Show more content on
Helpwriting.net ...
He believed in an international system of accountability that provides justice, and subsequently
deters, for those wrongs that are "so calculated, so malignant and so devastating, that civilization
cannot tolerate their being ignored because it cannot survive their being repeated" (Jackson, 1945).
In a potential scenario for growth, one may imagine a future in which alternative methods of justice,
including that which is non–retributive. In such a setting, it would be incumbent upon truth
commissions to combine their efforts with a prosecutorial staff; in fact, many currently welcome
such a scenario (Hayner,
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The Jury System Should Be Scrapped For Criminal Trials
"THE JURY SYSTEM SHOULD BE SCRAPPED FOR CRIMINAL TRIALS IN NSW"
Through various analytical investigations and research, it can be proposed "the jury system should
be scraped for criminal trials in NSW". As jurors are incapable of apprehensively comprehending
evidence and are vulnerable to being biased by their personal prejudices and excessive media
publicity. Correspondingly, many fall victim of escaping trials due to their elongated processes.
Conversely, many dispute in contradiction suggesting juries reflect democratic regimes and ensure
the most appropriate verdict is reached as they contemplate on society's ethics, morals and values
often absent in judge–alone trials.
Firstly, the role of the jury is too 'listen to the evidence ... Show more content on Helpwriting.net ...
The concept of the accused being assessed by their 'peers' is very appropriate as they judge merely
based on the morals and principles of the society making the law more valid and binding. Whereas,
'leaving the judgment to someone who doesn't necessarily live in the real world' (Love, 2014) may
not be so appropriate. Also the' danger of getting rid of jury trials is that there will be a perception
that someone who is an elite judge is going to be deciding matter, someone that may be in touch
with the ordinary community' (Harvey 2011). Hence, the jury system ensures the communities
ethics, values and morals are implied and safeguards the law is applied in a way 'that fits in with
what the society expects' (Love 2014).
In opposition, many suggest "juries should be scrapped for criminal trials in NSW" as jurors are
often vulnerable of being swayed by excessive media publicity. This is most prevalent in 'high
profile cases, where it is extremely if not impossible to find jurors who haven't already read about
circumstances surrounding it in the media and formed their own opinions about the matter' (Nedium,
2015). One such case which strengthens this argument is R v Gittany [NSWSC 138] where the
defendant was charged for murder of Lisa Cecilia Harnum under the Criminal Procedure Act 1986
section 132 (NSW) (LIAC,2013). Although
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The Six Main Phases Of A Criminal Trial
A criminal trial is when a jury analyzes evidence and decides whether or not the defendant is guilty.
A trial is a way for the government to argue its case against the defendant in hope of a guilty verdict
and conviction. A trial also gives the defendant a chance to fight against the evidence and try to
prove their innocence. After both the defendant and the prosecution have given their statements a
jury will deliberate and decide whether or not the defendant is guilty. There are six main phases in a
criminal trial: Choosing a jury, opening statements, witness testimony and cross examination,
closing arguments, jury instruction, and jury deliberation and verdict. The first step in a criminal
trial is selecting a jury. To select a jury a ... Show more content on Helpwriting.net ...
The defense may also present physical evidence and call upon eyewitnesses to go to the stand. Once
an eyewitness is called to the stand the opposing side will then get a chance to cross examine the
witness. It starts by having a witness called to the stand where they take an oath to tell the truth.
Whomever called the witness to the stand directly question the witness through a question and
answer technique. Once the original party is done questioning the witness the opposing side will
then get to cross exam the witness in hopes of discrediting the witness's testimony. After the cross
examination, the original side will then get another chance to address the witness, which is known as
"re–direct examination" in attempt to repair any questions that may have been made after the cross
examination. After both sides present their evidence and state their case there is a "rest". This is
when no more evidence can be presented to the jury. Once both sides have finished presenting all
their evidence to the jury they will then each have a closing argument. It is a chance for both sides to
summarize their cases. This is the final chance that both sides have to talk to the jury before they
deliberate. The prosecutor will try to convince the jury that the defendant is guilty by summarizing
the evidence. The defendant will make their last case to try to prove themselves as not guilty either
from a lack of evidence or actually having no
... Get more on HelpWriting.net ...
Using DNA in Criminal Trials Essay
Using DNA in Criminal Trials
DNA evidence is extremely helpful in criminal trials not only because it can determine the guilt of a
suspect, but also because it can keep innocent people from going to jail. The suspect must leave a
sample of their DNA at the crime scene in order for testing to occur, but DNA can be found in the
form of many things such as semen, blood, hair, saliva, or skin scrapings. According to Newsweek,
"thousands of people have been convicted by DNA's nearly miraculous ability to search out suspects
across space and time… hundreds of innocent people have also been freed, often after years
behind bars, sometimes just short of the death chamber" (Adler ). Though some may think it is a
waste of time to go ... Show more content on Helpwriting.net ...
The DNA from the saliva was a perfect match with the DNA from the semen collected from the rape
victims. Puetz, the investigator on the case defends the constitutionality of his evidence–gathering
methods; the courts, he says, have held that once you've put out your trash, you've waived your right
to keep the contents private, and "I don't see why the same wont hold true for saliva."(Adler).
Because there are many different types of crimes, it is often difficult to find enough physical
evidence to convict a person. For example, in rape cases there is usually only a small amount of
physical evidence, so cases are based on word alone. Because of DNA testing we can now take
samples from the victim and attempt to match the results with those of the suspect. Therefore, DNA
is sometimes the only real way of determining the guilt or innocence of a suspect without having
any witnesses. Since many rape cases are left unsolved, DNA testing is believed to be the most
accurate way of keeping sex offenders off the street. Because of the growing trend of using DNA in
rape cases especially, a company in Brooklyn now advertises a small flashlight–like device intended
to be used to jab at attackers in order to collect a sample of his skin for later use (Adler). According
to a study by Joseph Peterson, with the Department of Criminal Justice at the University of Illinois,
DNA evidence does not have a major impact on the decision to either convict or acquit
... Get more on HelpWriting.net ...
The Importance of Plea Bargaining in Criminal Trials Essay
The Importance of Plea Bargaining in Criminal Trials
Screeech! That is the sound of our court system coming to a grinding halt, if plea bargaining were
no longer utilized. Not only does plea bargaining save taxpayers an enormous amount of money, it
often provides the evidence for a conviction and allows public defenders and other court officials to
concentrate their limited resources on more important or difficult cases. Some people may believe
that plea bargaining with criminals is wrong. The entire basis of the argument against plea
bargaining says that criminals should not testify or have anything to do with the prosecution because
they were involved with the crime.
We fail to realize that without plea bargaining many criminals ... Show more content on
Helpwriting.net ...
This means that in a world of compromise, the most success is achieved by giving the greatest good
to the greatest number of people.
This belief applies directly to plea bargaining. In this case, the most justice must be given the
greatest number of criminals. Currently in the state of New York, 79% of all first degree murder
cases are plea bargained. Without plea bargaining, many of these criminals would never even see a
jail cell.
Barry Kinsey, a sociologist at The University of Tulsa, said "Without plea bargaining the court's
could not function unless there were drastic increases in budget allowance" . The courts are at
present full and running over and if all the cases were to be tried the courts budgets would have to
be increased by 900%
(according to Tom Wallace, a public defender from Baltimore, Maryland).
It is also important to consider the length of time that would be required to try every person indicted
for a crime. With the courts as over burdened as they are, taking every case to trial could clog up the
courts almost indefinitely. Since every person in this country is guaranteed a speedy trial
(courtesy of the sixth amendment), banning plea bargaining without tremendous budget increases
would violate the constitutional rights
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The Composition Of Felony Criminal Trials For The Public...
During my time interning at the Public Defender's Office, I have observed that time is one of the
biggest issues. It has been shown that is quicker for an indigent individual to plead guilty than it is
for them to receive adequate legal representation. After obtaining an attorney, it is a lengthy process
when going through the different hearings and trials. Often taking several months for cases to be
fully resolved. The composition of felony criminal trials in Lowndes County is very complex. There
are several various steps within the trial process. The first official step before conducting a trial is
making an arrest. An arrest can be made with or without a warrant; however, probable cause must be
present in both cases. Upon making an arrest, the detaining officer has forty–eight hours to appear
before a judge with probable cause for the arrest, which is the sufficient reason based on the facts
that a crime has been committed. Subsequently, after being arraigned, if the individual cannot afford
an attorney one is appointed to them from the Public Defender's office. Next occurs the indictment.
The District Attorney's office receives the arrest warrant and then reviews the case, by dropping and
adding charges if necessary. They also have the discovery, which is the evidence the state has
against the defendant. The case then goes before a Grand Jury to determine if an indictment is ready.
The following month the first hearing to occur after a defendant is indicted is the
... Get more on HelpWriting.net ...

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Criminal Trial Letter

  • 1. Criminal Trial Letter I hope all is well. I am contacting you today to inform you of the judge's decision to postpone your trial until the next trial calendar. We can't express enough how upset we are at the judge's decision. We know that you are seeking closure and we want the same thing. I want you to know that we did not accept this decision without a fight. Please allow me the opportunity to express our attempts to prevent the judge from postponing your trial and then outline what we intend to do moving forward to fight for an earlier trial day. As you know, about a month ago, we were notified that a new attorney would be representing the Defendant. The new attorney filed a leave of absence with the court for January 17–22. The Fulton County State Court ... Show more content on Helpwriting.net ... James Thompson is your physical therapist. He oversaw your physical therapy in both your 2015 and 2016 wreck. His testimony is necessary to explain to the jury how you became injured, why you still feel pain, and what your prognosis is for the future. Dr. Thompson also has visuals that he will use to show the jury where and why you still feel pain. For these reasons and more, we requested that the judge allow us to proceed with the trial on Thursday, January 24th. Yesterday, at 11:30 a.m., we received an email from the judge. The judge informed us, and opposing counsel, that it was unlikely that we would be going to trial on Thursday, January 24 for following reasons: 1. Opposing counsel's leave of absence for January 17–22. 2. The court's concern that the parties would not be able to complete the trial in 2 days given jury selection and the number of witnesses. In light of these concerns we provided the judge with the following options for his consideration: 1. We informed the judge that we were willing to have each party limit their jury selection to 30 minutes as an effort to shorten the trial. 2. We informed the judge that outside of our main witnesses, we were willing to limit our examination of all other witnesses to 15–20 minutes per witness. (There are only 5 witnesses in this case and opposing counsel has no witnesses other than the ... Get more on HelpWriting.net ...
  • 2.
  • 3. Investigating The Crime Of A Criminal Trial In chapter thirteen, Anderson and Gardner discuss the measures in gathering evidence to identify an offender in a criminal trial. In a criminal trial, the prosecutor must prove the crime alleged of the suspect did occur (prove of corpus delicti), and/or that the defendant committed or was a party to the crime committed. Therefore, direct and circumstantial evidence is used to substantiate the defendant has committed the crime. Identification evidence may account for several factors, in which include: "identification by the victim of the crime. Identification by the eyewitnesses. Confessions, admissions, or incriminating statements by the defendant or his associates showing that the defendant committed the crime or was a party to the crime. ... Show more content on Helpwriting.net ... 319). Mistaken eyewitness identification is usually due to a number of estimator variables: Stress, Duration of events, Witness character, Memory decay, and several others. These variables initially can cause the witness to make a misidentification. In addition to eyewitness identification, line ups and showups are used to identify a witness or a suspect. Lineups are an identification procedure, in which the witness or the victim of the crime is able to observe and pick out any possible suspects related to the crime. As for a showup, the witness of the crime is able to view the suspect alone, without other possible suspects. For example, when a suspect is apprehended, a police officer could rely on a showup procedure and present the victim of the crime with a drive by of the detainee in an effort to identify the suspect. These identification procedures are important for the witness because they provided a comfortable setting in which can help them be as precise as possible in making a identification. The use of photographs or sketches are essential in identifying a suspect of a crime. Nonsuggestive photo arrays include multiple photographs, usually six or eight, showing a person of the same general description. The ... Get more on HelpWriting.net ...
  • 4.
  • 5. Explain The Stages Of A Criminal Trial Criminal trials have stages which include approximately thirteen stages. The stages are as follows; 1). The defendant goes to trial. 2). Discovery proceedings. 3). Motions filed 4). Trial begins. 5). Opening statements. 6). Prosecutor's case. 7). Presentation of evidence. 8). Defendant's case. 9). Prosecutor's rebuttal case. 10). Closing arguments. 11). Jury instructions. 12). Deliberations. 13). Verdict. These stages do not occur in every trial although they are listed. Lets' define the stages for clarity and knowledge. The defendant goes to the court room to stand trial after jury selection and all preliminary proceedings are completed. The proceedings are requested to identify the prosecutor's evidence to the courts and motions are filed and then the trial begins. The opening statements by the prosecutor are simply outlining the case for the jury and the court. The defense team is not required to make an opening statement in most cases. The prosecutor proceeds to submit evidence and proceed with the questioning of witnesses and as they proceed, they are required to present without a reasonable doubt, all components of the crime. ... Show more content on Helpwriting.net ... In most cases the defense would motion for a dismissal and wait for the judge to rule. But if they choose to proceed with the trial, they start requesting witnesses to question and make their case to the jury and the court. Then the rebuttal period is next, where the prosecutor and the defense are cross examining witnesses, trying to prove each other's proof of evidence or lack of evidence and maybe reexamine some witnesses for clarity. Then the defense will summarize their case and then the prosecutor will have the final summary of their case and then the judge starts instructing the ... Get more on HelpWriting.net ...
  • 6.
  • 7. Explain What Level Of Proof Is Required In A Criminal Trial 1. What level of proof is required in a criminal trial? How does that differ in a civil trial? a. The level of proof required in a criminal trial is: "proof beyond a reasonable doubt (Fifth and Fourteenth Amendments' Due Process Clauses)." (Garland 17) Meaning that if the judge has no doubt on the defendant's guilt based on the evidence provided he will be sentenced as guilty. On the other hand, in a civil trial, all that is needed is proof by a "preponderance of the evidence," which means that one side of the case has more proof than the other resulting in a small margin of difference between the case verdict. 2. How many jurors must there be in a California criminal case? How many must agree to sustain a conviction? a. In the state of California ... Show more content on Helpwriting.net ... List six qualifications for a juror. (Garland 32) i. Is a citizen of the United States; ii. Is a resident of the state; iii. Is at least 18 years of age; iv. Is of sound mind; v. Is in possession of the person's natural faculties; and vi. Is able to read or speak the English language. 4. What is voir dire and jury nullification? a. Voir dire– A process in which jurors are questioned in order to select the members of the final panel. Another definition given by Garland is "roughly it means "to speak the truth." (Garland 32) b. Jury Nullification– Is when a jury reaches a verdict that is opposing to that of all the evidence presented. 5. What is the difference between a jury trial and a bench trial? Who determines which it will be? a. A bench trial takes place in front of a judge and there are no jurors (jury) present. On the other hand, a jury trial is when members of the public act as jurors and provide their feedback to the judge once they hear the evidence provided. The prosecuting attorney needs to agree to a trial without jurors present. Once it is agreed the judge will commence the case without a jury present. A defendant also has the right to waive a jury, however it is only allowed in some ... Get more on HelpWriting.net ...
  • 8.
  • 9. The Trial Process For A Criminal Case Introduction There are many aspects of the pre–trial process for a criminal case. First step of the process begins with the persons arrest. A suspect is then booked into the system and may be able to post bail. Then comes the arraignment and they maybe a possible plea bargain and then a preliminary hearing if no plea bargain is reached. Two Types of Crimes In Pretrial criminal cases there are two types of crimes, misdemeanors and felonies. There are two events that can occur. One is a criminal complaint and the other is a warrantless arrest. A warrantless arrest can happen if someone commits a crime right in the presence of an officer. The officer does not have time to go get an arrest warrant and go find the suspect. So in this case ... Show more content on Helpwriting.net ... Some jurisdictions don't require an initial appearance by the suspect. The suspect should be brought before a judge within a reasonable amount of time, ideally less than 6 hours. The initial appearance advises the suspect of the reason for detainment, their right to have appointed counsel, their protection against self– incrimination. Bail can also be set at this point. The initial appearance is usually a brief hearing. Probable Cause Hearing The 4th Amendment requires that a probable cause hearing be held if an arrest is made without a warrant. The purpose of the probable cause hearing is to determine if there is probable cause to hold a person in custody. To prevent prolonged confinement the probable cause hearing is usually held quickly to determine the validity of the arrest charges. A neutral party needs to determine the validity so that the suspect is not detained unnecessarily as detainment affects their income and family. Bail If someone has been arrested for a minor offense and does not pose a flight risk they may be eligible for pre–trial release. If there is a chance the suspect might not show up for court then they are likely to remain jailed until their court date. To insure that a suspect will show up for their court date they are required to post bail. This is a payment made to the court on behalf of the suspect. The Eighth Amendment states that ... Get more on HelpWriting.net ...
  • 10.
  • 11. Pros And Cons Of A Criminal Trial In this trial the prosecution won because they had the most evidence when they were giving their statements they just we more organised the the defense team was. With the defense all they were doing was saying that the Sam and Bill were trying to not hurt red chief and they won't but what doth teams did is that they didn't see that all of the witness lied under oath red chief lied when he said that "he didn't want to go with them into the cave", bill lied when he said that "red chief followed him into what he called it was the woods but we all know that Bill and Sam want to kidnap red chief just to get money so the could get out of town so that they wouldn't go to jail because they were both wanted for stealing. Mr Dorset lied when he said ... Get more on HelpWriting.net ...
  • 12.
  • 13. Prison Is A Building For The Confinement Of Criminals Or... According to the Oxford Dictionary, "prison is a building for the confinement of criminals or those awaiting trial". The reasoning behind the prison has been one of the controversial issues since 20th century. The following essay considers the practicality of prisons, particularly whether the foremost purpose of the legal system by prisoning the victims is to punish offenders or to preserve the public, to rehabilitate criminals. In particular, this essay will attempt to give a balanced argument both to support and against the imprisonment system. To begin with, Telegraph News has drawn attention to the fact that, with fewer than 15 open prisons in the UK, our system is focused on punishment rather than rehabilitation. This indicates that, first and foremost reason of prisoning the criminals in United Kingdom is to punish them by "evacuating" from public for a while. Community sentences and programmes that are outcome focused are the most successful penal intervention at preventing reoffending and have the support of victims. By punishing offenders government reduces the crime rate, since victims will foresee the results of their actions and probably they will feel more embarrassed to repeat their actions. Furthermore, another purpose of imprisonment is to rehabilitate criminals and to correct some of the inadequacies of offenders that may be linked to their criminal behaviour and their continued involvement in the criminal justice system. Rehabilitation refers as, ... Get more on HelpWriting.net ...
  • 14.
  • 15. The Court System Of The Criminal Trial This report is on the account of a trial heard in Swansea Crown Court on 8 March 2016. The purpose of the report is to show significant knowledge in the application of relevant areas of law to its involvement in the criminal trial. In accordance, the concept of criminal law, English legal system, function and structure of the court system, roles of court personnel, the procedure of the criminal trial, strength and weakness of the court system, and proposed reform of the courts have been put into consideration. The court system of the United Kingdom is considered in hierarchical levels from the Supreme Court to the Court of Appeal to High Court, Crown and County Courts to the Magistrate Court. The courts have their jurisdictions of ... Show more content on Helpwriting.net ... On arrival, the security ensured that all belongings are checked in order to properly safeguard the court environment. Also, I was given the list of cases to be heard and attended the case of Evans Ashley J. who was up for trial. The trial was a private hearing. This means that members of the public, press or unrelated audience were not allowed to sit for the hearing of the trial. This system is advantageous as to ensure that publicity of the case would not, in turn, defeat the object of the hearing and so the courts considered it essential for the jury to be uninfluenced by the public to avoid any form of bias in the interest of the justice system. Also, due to our academic involvement in the trial, the ushers, as well as the judge, explained that the case is neither to be disclosed nor discussed to anyone external but only within the sphere of academic purposes. Accordingly, the only people present were; the judge, the jury, 2 clerks, the defendant, his advocate, a member of the Youth Defending Team, the prosecutor, the prosecutor's solicitor and the dock officer. The trial involved a defendant who is a minor and was charged with assault of grievous bodily harm under section 18 of the Offences Against the Person Act 1861. He was duly released from the dock; an enclosed space at the far end of the court where the accused sits or may stand during the trial, because of his age ... Get more on HelpWriting.net ...
  • 16.
  • 17. Criminal Trial Of Boys Essay Lyle and Erik Menendez were two young men who seemed to live an extravagant lifestyle with their parents, Jose and Mary Louise known as Kitty. Their father, Jose, worked very hard to provide his family with everything they could need, but this came with repercussions. Jose was extremely tough on the brothers starting at a very young age. Always placing high expectations on them for school, sports, and work, and one day they boys finally snapped. On August 20th, 1989, Lyle and Erik murdered their parents with an unclear motive. After they shot them fifteen times, combined, they left to create an alibi to lead police off their tracks, this lasting a mere seven months. Everything was going well with the brothers, they were on extravagant spending ... Show more content on Helpwriting.net ... By the time the trial came around, it was evident that the boys had committed the murders, but it was still unclear why. After a ninety–day trial, some jurors seen the murders as self–defense from the alleged abuse and sexual abuse that was inflicted upon the boys by their father (Smolowe). The first two sets of juries found that the lifetime of abuse was enough to not convict the boys of the murders, but the third did not. The third jury were the ones that sentenced the boys to prison without the possibility of parole. During the first trial, one juror believed that these acts were self–defense, but others did not. Both of these trials were very horrific and the boys also said very horrific things. The jurors were said to only be shocked twice, once when Lyle said he would miss his dog more than his mom, and when Erik said he felt love for his mother when he put the shotgun against her cheek and shot her. These two comments brought the third jury to convict these brothers. The third jury did not believe that the boys killed Jose and Kitty because of the abuse that was supposedly inflicted upon them, but for them to receive their parents fortune (Latson). On March 20th, 1996, the brothers were then sentenced to life in prison without the possibility of parole, and justice had seemed to finally be served ... Get more on HelpWriting.net ...
  • 18.
  • 19. Effectiveness of the Criminal Trial Process as a Means of... The effectiveness of the criminal trial process as a means of achieving justice The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice. There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of ... Show more content on Helpwriting.net ... This may also be due to the credibility of scientific evidence, for example the scientific evidence of DNA is hard to disprove in court as members of society are made to believe through the influence of social media that if there is DNA evidence present the accused is guilty beyond reasonable doubt. While DNA has helped solve many cases and been used in court during the criminal trial process to prove and disprove an accused innocence it also adds to the flaws in the efficiency of the trial process. There are cases in which the accused had been wrongfully convicted due to DNA results, such as the case of Farah Jama where a man was wrongfully convicted of rape through the evidence of DNA alone. Farah Jama was convicted of raping a woman in a nightclub in 2006, in 2008 before a jury he was sentenced to six years jail by Judge Paul Lacava. Farah was found guilty of rape solely on the basis of DNA, adding to the suggestion that the jury is persuaded by the DNA evidence. In early 2009 a solicitor took on Jamas case, asking for the retesting of the key DNA sample, the scientist who retested the sample expressed doubts to its reliability. Jamas was later acquitted and it is highly likely that he was convicted of a crime that never took place. This was a miscarriage of justice which raises the question whether or not scientific ... Get more on HelpWriting.net ...
  • 20.
  • 21. Hearing Trial And Criminal Justice In Philadelphia, just blocks from where, both, the United States Declaration of Independence and Constitution were debated and ratified, sits the Juanita Kidd Stout Center for Criminal Justice (hereinafter C.J.C.). Unfortunately, somehow in those few blocks, or many years, our sense of justice and fairness were lost. On Friday, March 23, 2017, I observed activities at the C.J.C. from 8:05 a.m. till 12:30 p.m. I had opportunities to view Magistrate Rice preside over bail hearings, Judge Thomas Gerhet preside over a trial and conduct 'Drug Court' progress hearings, and Judge Frank Palumbo conduct probation hearings. Although, I witnessed over 26 different hearings, due to assignment constraints this paper will focus largely on one case and ... Show more content on Helpwriting.net ... I apologized and informed her I was a student from Kline. Subsequently, the public defender returned her attention to the current case before the court, where a defendant, Ms. Alias, was accused of aggravated assault, simple assault, and conspiracy. Alias lives with her ex–girlfriend, the complainant. The magistrate talked with Alias and then said "$5000 S.O.B." and ordered her to stay away from the complainant and the house they share. Immediately, Alias complained, but not about the money or that she did not understand "S.O.B.". Sadly, Alias exclaimed, "my children live there"! After talking with Alias, the magistrate told the prosecutor, "I am going to do this my way," noting that the three young children need their mother and to be in their home. The prosecutor immediately picked up the phone, to which the judge responded, "I don't care if you are going to appeal." The prosecutor then told the officers to "hold the defendant pending appeal by the district attorney's office." The magistrate called the next case. A few minutes later, the prosecutor interrupted the magistrate to say, "no appeal will be file." Alias was then brought back on the C.C.T.V. and informed that she could return to her home, but was not to talk or have physical contact with the complainant. I appreciated the magistrate's concern for the defendant's children, but was ... Get more on HelpWriting.net ...
  • 22.
  • 23. Nuremberg Trials In Criminal History "Laws control the lesser man... Right conduct controls the greater one (Plato)." World War II was the deadliest conflict in world history, on and off the battlefield. The genocide performed by Nazi Germany was something that had never been seen before, and shocked mankind across the world. This atrocious behavior punished those for what they believed in, in the most inhumane ways possible. The trials that followed, which made those who participated in this behavior answer for their actions, were some of the most historic trials in legal history, not just because of what was being judged, but also because of the viewpoints that came about because of them. The Nuremberg Trials, which occurred in Germany, were viewed across the world with opposing ... Show more content on Helpwriting.net ... These trials were taken into account with the formation of the United Nations and the Geneva Conventions, as well as influencing documents written by NATO. These are all major organizations focused on enforcing international law today. They also showed that humans have rights under international laws that cannot be violated by any state. This means that if a country has a law in place that goes against international law, leaders of that country can be prosecuted because of it. Society also took into consideration the mistakes made during these trials, and used them as a building block on how to approach future trials.The Nuremberg Trials also helped defined crimes against humanity. While genocide had occurred before the trials occurred, it was never to the extent Nazi Germany took this horror too. Now, international law defines crimes against humanity as "Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime" (Rosen). And these trials come into consideration in how we approach prosecute those accused of war crimes ... Get more on HelpWriting.net ...
  • 24.
  • 25. Criminal Trial Stages List and define the stages of a criminal trial. 1. Arrested: The first step is a person may be arrested if the police have probable cause that he or she did the crime. Meaning probable cause is reasonable suspicion that someone has committed a crime. Moreover, police have a reason to suspect them, because someone saw them commit the crime, there is evidence available, and someone's testimony. 2. Accused sent to jail or released on bail: If a person is arrested and he does not pay bail, he will have to go to jail or prison until his trial. This can last anywhere up to one week, to a month depending on the court's docket. If a person pays out bail they give the court the money, and when they show up for court they give that money back. ... Get more on HelpWriting.net ...
  • 26.
  • 27. The Criminal Trial Process Criminal Trial Essay When criminal offenders get arrested, they are than booked into custody until the trial proceedings are over with. Unlike the criminal cases that are displayed on national television, an offender must undergo steps at a time for a criminal trial. The televised version of a criminal trial will have one thinking that it works that fast and it don't. Each process that the defendant would go through takes months or even years. The nature of the crime as well as whom the person is and their past convictions. It takes time and lots of money to take cases to trial, the need to have a prosecutor, defense attorney, possible juror's, and a judge. This overview, will define what a criminal trial is, the specific parties that are involved with the criminal process, and will explain the process in detail. The offender will be arrested and booked into jail until hearing or they may also be eligible to be bailed out until the trial. They may depending on their history can be released on their own recognition. In fact, "A criminal trial is the examination in court of issues of fact and law in a case for the ... Show more content on Helpwriting.net ... In fact, the sixth amendment was created for the protection of offenders and their rights while they are in custody (Criminal procedure, 2013). Therefore, the process is arrest, booking, hearing date, first appearance hearing, trial date. Once the defendant is at trial there will be opening statements, testimony and evidence. Than the jury deliberates and comes up with a verdict, when the agree on a verdict next the defendant will be sentenced if found guilty (Neubauer & Fradella, 2014). Depending on the type of trial it is, some trials are high volume cases like an actor or a musician. Top celebrity cases can come with news media, and news people broadcasting the entire trial. Big profile cases can be even more of a disaster with a bunch of angry people and ... Get more on HelpWriting.net ...
  • 28.
  • 29. Pros And Cons To Criminal Trial Prosecutors have several alternatives to criminal trial. They may accept a corporation's offer to plead guilty. They may defer prosecution of the corporation under a deferred prosecution agreement. They may accept a corporation's offer to sign a non–prosecution agreement, frequently with the intent to prosecute corporate officials or employees. They may elect to forgo prosecution in favor of civil sanctions. Since corporate misconduct often occurs in a regulatory context, civil or regulatory sanctions may be available. Whether prosecutors consider them appealing alternatives may depend in part on the severity of the misconduct and the severity of the sanctions. The factors the guidelines identify include "the strength of the regulatory authority's ... Show more content on Helpwriting.net ... As part of, or in conjunction with an agreement, a corporation may be induced to shed executives, assist in their prosecution, underwrite extensive remedial action, pay substantial fines, acquiesce in the forfeiture of property of considerable value, establish a robust compliance process, and accept an oversight monitor for assurance of its continued good behavior. a. Plea Agreements Prosecutors historically avoid high costs of taking corporations to trial by either dropping charges or entering into a plea agreement at the end of a criminal investigation. In negotiating plea agreements with corporations, prosecutors should seek a plea to the most serious, readily provable offense charged. In addition, the terms of the plea agreement should contain appropriate provisions to ensure punishment, deterrence, rehabilitation, and compliance with the plea agreement in the corporate context. Although special circumstances may mandate a different conclusion, prosecutors generally should not agree to accept a corporate guilty plea in exchange for non– prosecution or dismissal of charges against individual officers and ... Get more on HelpWriting.net ...
  • 30.
  • 31. Investigation Of Criminal Investigation And Trials in criminal investigation and trials by Dr B.P Maithil) CASE STUDIES: CASE NO. 1 On night intervening, a Saturday party was going on at kutub colonnade in a restaurant, Delhi. That night the liquor was served by the woman bartenders named as Janvi shah with her co– tender jayant sharma. At about 2 am, mukesh Verma and Brejesh Sharma along with their friends went there and asked for the drinks, the waiter did not serve them the liquor as the party was over, Janvi shah and jayant sharma were tried to make him understand that the party was over and there was no alcohol available with them. On refusal to serve drinks, mukesh verma took his pistol and fired one shot at the roof and another at Janvi which it near her left eye as a result of which she fell down. Meena ramini who is the owner of the restaurant stopped the appellant and questioned him as to why he had shot Jessica and demanded the weapon from him but he did not hand over the pistol and ran away in his black Tata safari. The victim was sent to the hospital where she was declared brought dead. The FIR was dodged in the near police station. The police took the statement of the eye witnesses and prepared the list of invited guests. During investigating the crime scene two cartridges shells were found and the bullet was also recovered from the roof and sent to the Forensic Science Laboratory for the examination. The police started searching for the accused. On the same day, at ... Get more on HelpWriting.net ...
  • 32.
  • 33. Stages Of A Criminal Trial Essay I will be listing and defining the stages of a criminal trial (Bohm & Haley 2012). List and define the stages of a criminal trial. The following is a list and description of the stages of a criminal trial (Bohm & Haley 2012). The first is the jury, selection and swearing in of the jury (Bohm & Haley 2012). This is where the prosecution and defense question a pool of citizens from the community to see who they want and do not want on the jury for the trial. Once the jury is selected they are sworn in by the judge. The second stage of a criminal trial is the opening statements this is done by the prosecution and the defense (Bohm & Haley 2012). Both prosecution and defense give an overview of what they are going to present in their cases. ... Show more content on Helpwriting.net ... This is where the defense and prosecution gives a final statement of facts of the case to the jury to sway them to their side. The seventh stage of a criminal trial is the judge's instructing, or charging, the jury (Bohm & Haley 2012). This is where the judge gives the jury instruction on how to deliberate on the case in a fair and balanced way. The eighth stage of a criminal trial is the deliberation and verdict (Bohm & Haley 2012). This is where the jury looks over all the evidence presented in the case by the prosecution and the defense and decides of guilt or no guilt and in some cases a hung jury. The way the jury determines this is by a vote of the jurors. Once the verdict is reached they advise the judge and return to the courtroom and the verdict is read aloud. (Bohm & Haley 2012). Therefore, this is the stages of a criminal trial within the criminal justice system (Bohm & Haley 2012). Reference Bohm, R. M., & Haley, K. N. (2012). Introduction to criminal justice (7th ed.). New York: McGraw–Hill. Retrieved from: ... Get more on HelpWriting.net ...
  • 34.
  • 35. Factors That Influence The Criminal Trial Process The criminal trial process is an aspect of the legal system that aims to exercise the court hierarchy and jurisdiction. The Criminal trial's aim is to achieve justice however it fails to balance the rights of victims and defendants as well as exercise legal mechanisms to achieve justice, as the legal system aims to achieve justice through the trial process, however its effectiveness is influenced and reduced by certain factors this as justice is based on equality and fairness, thus why the lack of legal representation, legal aid and the jury system are factors that substantially influence the criminal trial process in achieving justice. due to such flaw the criminal trial process fails to recognise the rights of individuals as well as the upholding justice for victims due to the lack of balancing legal mechanisms to achieve justice. The adversarial system plays a vital role in the Criminal Trial Process. It is a system known for achieving justice as it allows each party the equal opportunity to present its case, this decreases the bias ... Show more content on Helpwriting.net ... It achieves fairness as it entitles individuals of either party to defend themselves with a legal representative. In the Australian Legal system, a defendant has a right to a fair trial. In 1979, the New South Wales Government created the Legal Aid Commission, under the Legal Aid Commission Act 1979 (NSW). The commission provides legal assistance and representation to individuals who are socially and financially distraught to guarantee that they have equitable access to the law. It plans to shield individuals' rights in the legal system and to enhance their access to equity, thus showing how the criminal trial process aims to achieve justice as most individuals of either party are provided with legal aid, providing accessibility for society, by entitling them to legal ... Get more on HelpWriting.net ...
  • 36.
  • 37. Criminal Trial Process Justin nikirk Law enforcement Lori Petro 4/24/15 Part 3 of final project Biography of police chief Name: Garry Hamilton Height: 6ft 2in Weight: 185lbs Hobbies: Hunting, fishing, cars, martial arts Family: Wife (Debbie) Four Kids (Joe, Justin, Matthew, Kristina) Mother (Tina) Dad (Chad) Education: High school diploma (Northrop High School) Associates Degree in Criminal Justice (Ivy Tech Community College) Police Career: Accepted 1989, captain in 2000, Lieutenant in 2010, Police chief in 2014 Community profile The township of St. Joe is a very close community everybody respects each other and everybody helps each other if they ask for it. There is this one kid named Justin Nikirk and he is one of the most helpful person ... Show more content on Helpwriting.net ... Interviewer: That is cool I watch cops sometimes to, I just don't like the fact that I can get hurt really bad. Police Chief: Yeah I have that fear to but I think that when you can help protect our city I would risk my life for it. Interviewer: I have one last question what is your opinion on the use of deadly force? Police chief: That Is a very good closing question when it comes to using deadly force you have to be 110% sure that your life is in danger and the only way you can get out is to use deadly force. I will always go home to my family if I can help it. Documentation Week 1: I chose what topic I wanted to write about Week 2: I made an outline of what it was going to look like. Week 3: I wrote the first draft of the concerns and the profile Week 4: I made the final changes to the project. Week 5: I wrote the T.V script. Week 6: I put it all
  • 38. ... Get more on HelpWriting.net ...
  • 39.
  • 40. The Nuremberg War Criminal Trials The Nuremberg War Criminal Trials In the 1940's, World War Two was drawing to a close, and Nazi Germany, while fresh in the memories of many, was falling apart and was losing influence. The problem was that many of the Nazi leaders were still out there, including Hermann Goering, the man responsible for starting and constructing the first of his many Concentration Camps. The case consisted of 13 separate trials for 22 leaders for the Nazi party, and many of whom received the death penalty. The trials were a symbolic representation of the death of Nazism, and the world uniting for a greater cause and for justice. The Nuremberg Trials all started when the Soviet Union, Great Britain, and the United States of America issued a joint declaration ... Show more content on Helpwriting.net ... All of which had a bone to pick with Nazi Germany (Fireside 17–19). In any sense, the trials helped put to rest many of the suspicions of the people as everybody was given a full and fair trial, and several of the men on trial only suffered minor prison sentences and a few were even acquitted of the crimes they were accused of. So in conclusion, the 13 trials that would later be infamously known as the Nuremberg War Crime Trials charged dozens of Nazi criminals with deaths of innocent people, and saw to it that Justice would prevail. The trials, signaling the end of the Nazi's genocidal reign, helped unite the world and gave closure to those who suffered under Hitler's and Hermann's ... Get more on HelpWriting.net ...
  • 41.
  • 42. The Process In A Criminal Trial Criminal Trial Process Criminal Trial Process There are many distinct parts to the process in a criminal trial. Some parts of these trials happen within every single trial while others can be hit or miss and do not happen all of the time. Regardless, the defendant in each trial either gets off on some or all charges or is convicted on one or more charges. Regardless, there is an orderly process behind what might or might not happen. The Process Before the trial even starts, there are several things that have already happened. The first is the arrest of the charged person. The person is arrested by police, or he/she turns himself/herself in, based on one or more charges that have been brought against the person. The person must then make an initial appearance before a judge. The person must be arraigned in a timely fashion and the defendant must then enter a plea at that hearing. If the defendant pleads guilty, there is no need for a criminal trial as the person is admitting that they are guilty (Nolo, 2012). If, however, the person pleads not guilty to one or more charges, the trial process will start. At any point in the process, whether it be before the trial or during it, a deal can be cut between the prosecutor's team and the defendant. This is often done to avoid a lengthy and expensive trial and the defendant often gets some form of lenciency if they do plead guilty. Leniency can come in the form of less time overall, probation instead of actual prison time, ... Get more on HelpWriting.net ...
  • 43.
  • 44. Positive Outome of Media Coverage of Criminal Trials in India In India, the growing phenomenon of activist media coverage of criminal trials has seen some positive outcomes. It is even arguable that until India's rotten criminal justice system is reformed, the judiciary must tolerate journalistic vigilantism. A journalist must not be given an absolute free reign to wantonly declare an accused person as innocent or guilty. Any institution, be it legislature, executive, judiciary or bureaucracy, is liable to be abused if it exceeds its legitimate jurisdiction and functions. But sometimes these ultra vires activities are blessing in disguise as is the case of judicial activism. Media trial is also an appreciable effort along with the innovative sting operations as it keeps a close watch over the investigations and activities of police administration and executive. But there must be a reasonable self–restriction over its arena and due emphasis should be given to the fair trial and court procedures must be respected with adequate sense of responsibility. Media should acknowledge the fact that whatever they publish has a great impact over the spectator. Therefore, it is the moral duty of media to show the truth and that too at the right time. No person charged of any crime should be judged by the media because that person is innocent until proven guilty, and it one the basic premise of criminal jurisprudence. And, no one, and this includes also the media, should be allowed to temper with the functioning of law. The rule of law as ... Get more on HelpWriting.net ...
  • 45.
  • 46. Criminal Court Trial Research Paper When watching crime shows such as Law and Order, individuals are given insight into how criminal court trials work. However, there are specific details that these shows usually skip because there boring, but these proceedings tend to be complicated. There are three branches of government that include: legislative, executive and the judicial branches. The Judicial Branch is the sector of government that presides over criminal cases and interprets the law. Within the system there are various courts a person can be tried such as: Criminal Court, Family Court, Civil Court and Supreme Court. This enables individuals the power to check the judicial system by brining their case to different courts. Furthermore, each state has their own regulations that must be followed by the citizens. In New York City Criminal and Supreme court begin to consider children adults when he or she turns sixteen. Therefore, ... Show more content on Helpwriting.net ... Thus, family court takes precautions with cases concerning the youth. Once the child turns eighteen their criminal record is sealed as opposed to when an adult commits a crime (Reuters 1). The supreme court case of Schall v. Martin established the policy known as prevention detention, which would safeguard juveniles from future violence (Fagan 419). When a person is tried in family court there are different regulations the defendant must follow. As opposed to criminal court the main objection in Family Court is to rehabilitate the youth (Emery 500). Many of the legal cases presented in Family Court, often motivated by the principle of maintaining the best interest of the child. However, in the 1960's it became more common to use punishment for children in family court because they were not learning from their mistakes (Emery 501). Furthermore, when comparing adults and juveniles, juveniles are not bestowed the same right's as adults in criminal ... Get more on HelpWriting.net ...
  • 47.
  • 48. Criminal Trial Observation Assignment 3 The Court: 19th Judicial Circuit Court of Cole County MO Court Address: 301 E High St Jefferson City Mo 65101 Court Telephone: (573) 634–9150 Date of Court Visit: September 21, 2015 Name of Case: State of Missouri v. Steidley Subject of case: (retrial) 2nd degree arson I went to the Cole County Courthouse to observe a criminal jury trial that involved a retrial for second degree arson. I was able to be a part of the jury selection proceedings. I witnessed what kinds of questions that are asked of the potential jurors and to see how people respond or act when they are put on the spot about their personal beliefs about certain things. This was a very interesting proceeding for me as I have never been selected for jury ... Show more content on Helpwriting.net ... He asked the jurors if they had any kind of personal feelings about arson or any kind of experience that involved arson that would hinder them from making a fair decision. He too asked about the possible witnesses that may be called to see if anyone knew them and if so how. The defendant, Kurt Steidley, was there to watch the proceedings and was sitting with his team. Once all the questions were over, the jury was dismissed out in to the hall and final selections were made. The bailiff came out a while later and read the names of those chosen and informed them they would need to return the next morning for opening agreements at 9am. My opinion on this specific case is still unknown to me. It is a retrial because of a testimony given by the interim Jefferson City Fire Chief Jason Turner that was not disclosed by the prosecution. The judge advised the jurors to strike the testimony but the defense argued that they felt the defendant had the right to understand and believe, that the testimony would not come back to the trail. I have a hard time with something like this because of all the time and money spent just to be thrown away and have to start all over. I understand the right to a fair trial but it just seems to me that with all the evidence and testimony given, the correct verdict was given. I have to wonder if the verdict would have been different, would the prosecution request a ... Get more on HelpWriting.net ...
  • 49.
  • 50. The Criminal Trial Process: From Jury Selection to Sentencing The Criminal Trial: Trail Process: From Jury Selection to Sentencing Introduction The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact–finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012) I. Jury Selection The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and ... Get more on HelpWriting.net ...
  • 51.
  • 52. The 's Scales Of Justice : Defense Counsel And The English... Review of J.M. Beattie's "Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries" Beattie, J.M. "Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries. " Law and History Review 9, no.2 (1991): 221–267. Article Summary J.M Beattie, in "Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth and Nineteen Centuries," investigates the transformations in English criminal law the 1730s and 1836. In his work, Beattie argues that the gradual introduction of defence counsel in criminal trials beginning in the 1730s transformed English criminal legal proceedings by highlighting the defendant's right to advocacy. Furthermore, Beattie contends that the increase in defence counsel in this same period contributed to, as well as reflected the larger social shift towards recognising inherent defendant legal rights. The one hundred year period of study ends in 1836 with the passing of the Prisoner's Counsel Act – guaranteeing the right of felony defendants to be represented by counsel in English court rooms. The article begins by investigating the rise in defence counsel in English criminal trials. Prior to the 18th century, English criminal trials were short, and centred on the defendant's "natural response to evidence as they heard it for the first time" (223). In an era of discretionary justice being administered by judges and juries, defence ... Get more on HelpWriting.net ...
  • 53.
  • 54. Explain The Eight Stages Of A Criminal Trial The stages of a criminal trial lead a proper renewed fair way to process a person who has committed a crime within our judicial system. The eight stages of a criminal trial consist of trial initiation, jury selection, opening statements, and presentation of evidence, closing arguments, judge's charge to the jury, jury deliberations and the verdict. In my viewpoint the most impactful stages are the trial initiation, jury selection, evidence and verdict. These stages allow a time frame for everyone take action, which ultimately leads to proof of what a person may or may not have done. The principal of a criminal trial is the verdict, which states a person to be innocent or guilty, the whole point of a criminal trial. The trials initiation is ... Get more on HelpWriting.net ...
  • 55.
  • 56. Criminal Trial Case Study 1. The trial from my perspective was that I was the only male jury member in the trial and that was unique because the jury was full of girls with their opinions and I had mine and I thought it was going to a biased trial but it turned out well as we were working fine with each other and were not fighting based on opinions and that influenced my view on the trial because it wasn't as biased as I thought. 2.I think the consent law is not fair to both parties because if there are drugs and alcohol then it impaired their judgement and the blame show be placed on the initiator and the victim depending on the situation because both parties should be responsible for their action but if there was anything done by the initiator than the blame goes ... Get more on HelpWriting.net ...
  • 57.
  • 58. The Various Stages Of A Criminal Trial What are the various stages of a criminal trial? Describe each one. The various stages of criminal trials is certain stages of arrest that take place, and develop to an end point of examination. The defendant is held and reasoned by question whether or not there was a crime that has been committed. A trial can be reasoned and argue the case. This is done to have a conviction of the defendant, and to be proven guilty. One of the first stages is the "pleading stage" and it starts by filing of complaint by documentation that is submitted, leading into a summon and response, then a motion to dismissal of claims, and motion from judgment. The second stage is "pretrial" which questions are to be answered for the finding of facts. Pretrial leads into a motion for a summary judgement, which is reviewed to seek if there is enough merit. Cases could be dismissed if the facts are not relevant. Last for the pretrial stage is the pretrial order, and it is when the case will be determined by the court and all parties are recognized. The trial is last to take place with a jury selection and an opening statement for the jury. After an opening statement the plaintiff testimony is held for the "proceedings consists of the plaintiffs" who then present their experts and/or witness. There is the defense testimony in the following along with the redirection and recall, a closing argument, a charge to the jury who evaluates the case, then leads into the verdict, and last a judgement. ... Get more on HelpWriting.net ...
  • 59.
  • 60. The System Of Criminal Trial Essay 4.6(2) Adversary system The system of criminal trial as mentioned or directed by the Code is the adversary system based on the accusatorial method . In this system the prosecutor representing the State (or the people) accuses the defendant (the accused person) of the commission of some crime; and the law requires him to prove his case beyond reasonable doubt. The law also provides fair opportunity to the accused person to defend himself. The judge, more or less, is to work as an umpire between the two contestants. Challenge constitutes the essence of adversary trial and truth is supposed to emerge from the controverted facts through effective and constant challenges . Experience has shown that adversary is by and large dependable for the reconciliation of public and private interest i.e. public interest in punishing the criminals and private interest in preventing wrongful convictions. 4.6(3) Section 304 of Code of Criminal Procedure: Legal aid to accused at State expense in certain cases: Most of the accused persons are poor and uneducated. They cannot afford to engage lawyers for their defence, nor do they have any legal knowledge and professional skill to safeguard their interests themselves. Therefore, though the adversary system predicts equal legal rights and opportunities to the parties to present their respective cases before the court, such legal rights and opportunities would in practice operate unevenly and harshly, affecting undesirably the poor accused ... Get more on HelpWriting.net ...
  • 61.
  • 62. Examine The Role Of Evidence In Criminal Trial 3. The role of the prosecutor is to decide which evidence should be presented and which is the best way to present it. Evidence is chosen based on what is best fitted to present the case and helps to build towards a guilty verdict against the offender. Judges give the final stamp of approval on all evidence presented in a case. They are given power to either admit or omit evidence based on prosecutorial or defense objects which will require interpretation of the law. The jury's duty is to review and interpret the evidence in order to find the truth within it. During criminal trials they are meant to decide if the evidence can prove guilt beyond a reasonable doubt. The burden of proof of guilt in a criminal trial is placed on the prosecution because the defendant is innocent until proven guilty. 4. ... Show more content on Helpwriting.net ... Inferences are drawn based on presumptions. 9. A stipulation "serves the goal of judicial economy by saving the court's time and by allowing the court to continue its business without requiring proof of a fact or issue over which the parties have no disagreement" (Ingram p. 116). In other words it is a fact or group of facts that both parties agree are true and need not to be proven as such; facts that are not disputed upon or require formal proof. Stipulation to a fact means that both parties have agreed that proof of the issue at hand is not required; it also cannot be taken to a contrary position later during the trial. Ingram explains that "stipulated testimony merely amounts to a mutual agreement by both parties that, if a certain person were present, he or she would testify under oath to the facts contained within the agreed stipulation" (Ingram p. 190). In other words, a presumption of what a person's testimony would consist of is being stipulated based upon what their role would play in the trial as a ... Get more on HelpWriting.net ...
  • 63.
  • 64. Stages of a Criminal Trial Stages of A Criminal Trail Nancy Jane Strayer University One stages of a criminal trial is the presentation of evidence, first the state is given the opportunity to present evidence intended to improve the defendant's guilt. After prosecutors have rested their case, the defense is afforded the opportunity to provide evidence favorable to the defendant. Types of Evidence Evidence can be either direct or circumstantial. Direct evidence believed, proves a fact without requiring the judge or jury to draw inferences. For example, direct evidence may consist of the information contained in a photograph or a videotape. It might also consist of testimonial evidence provided by a ... Show more content on Helpwriting.net ... The Testimony OF Witness Witness testimony is generally the chief means by which evidence is introduced a trial. Witnesses may include victims, police officers, the defendant, specialists in recognized fields, and others with useful information to provide. Some of these witnesses may have been present during the commission of the offense, while most will have had only a later opportunity to investigate the situation or to analyze evidence. Before a witness is allowed to testify to any fact, the questioning attorney must establish the person's competence. Competence to testify requires that witnesses have personal knowledge of the information they will discuss and that they understand their duty to tell the truth. One of the defense attorney's most critical decisions is whether to put the defendant on the stand. Defendants have a Fifth Amendment right to remain silent and to refuse to testify. In the precedent–setting case of Griffin v. California (1965), the U.S. Supreme Court declared that if a defendant refuses to testify, prosecutors and judges are enjoined from even commenting on this fact, although the judge should instruct the jury that such a failure cannot be held to indicate guilt. In the 2001 case of Ohio v. Reiner, the U.S. Supreme Court extended Fifth Amendment protections to witnesses who deny any and all quilt in association with a crime for which another person is being prosecuted. Direct ... Get more on HelpWriting.net ...
  • 65.
  • 66. Nuremberg Trial In Criminal Justice The history of international trials is largely limited to the Nuremberg Tribunals and the International Criminal Tribunal for the former Yugoslavia. However, these limited historical precedents, with an imperfect body of jurisprudence from which to draw, afford one objective: the search for justice. This justice, however, is victim to the political will that drives trials (Goldstone, quoted in "Historical Evolution – From Nuremberg to the International Criminal Court"). Thus, although justice is usually the preeminent focus for a post–conflict society, it is also the most difficult to attain (Hayner, 8). From a different perspective, one may see the most significant limitation of international trials to be their subordination to international political will. ... Show more content on Helpwriting.net ... He believed in an international system of accountability that provides justice, and subsequently deters, for those wrongs that are "so calculated, so malignant and so devastating, that civilization cannot tolerate their being ignored because it cannot survive their being repeated" (Jackson, 1945). In a potential scenario for growth, one may imagine a future in which alternative methods of justice, including that which is non–retributive. In such a setting, it would be incumbent upon truth commissions to combine their efforts with a prosecutorial staff; in fact, many currently welcome such a scenario (Hayner, ... Get more on HelpWriting.net ...
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  • 68. The Jury System Should Be Scrapped For Criminal Trials "THE JURY SYSTEM SHOULD BE SCRAPPED FOR CRIMINAL TRIALS IN NSW" Through various analytical investigations and research, it can be proposed "the jury system should be scraped for criminal trials in NSW". As jurors are incapable of apprehensively comprehending evidence and are vulnerable to being biased by their personal prejudices and excessive media publicity. Correspondingly, many fall victim of escaping trials due to their elongated processes. Conversely, many dispute in contradiction suggesting juries reflect democratic regimes and ensure the most appropriate verdict is reached as they contemplate on society's ethics, morals and values often absent in judge–alone trials. Firstly, the role of the jury is too 'listen to the evidence ... Show more content on Helpwriting.net ... The concept of the accused being assessed by their 'peers' is very appropriate as they judge merely based on the morals and principles of the society making the law more valid and binding. Whereas, 'leaving the judgment to someone who doesn't necessarily live in the real world' (Love, 2014) may not be so appropriate. Also the' danger of getting rid of jury trials is that there will be a perception that someone who is an elite judge is going to be deciding matter, someone that may be in touch with the ordinary community' (Harvey 2011). Hence, the jury system ensures the communities ethics, values and morals are implied and safeguards the law is applied in a way 'that fits in with what the society expects' (Love 2014). In opposition, many suggest "juries should be scrapped for criminal trials in NSW" as jurors are often vulnerable of being swayed by excessive media publicity. This is most prevalent in 'high profile cases, where it is extremely if not impossible to find jurors who haven't already read about circumstances surrounding it in the media and formed their own opinions about the matter' (Nedium, 2015). One such case which strengthens this argument is R v Gittany [NSWSC 138] where the defendant was charged for murder of Lisa Cecilia Harnum under the Criminal Procedure Act 1986 section 132 (NSW) (LIAC,2013). Although ... Get more on HelpWriting.net ...
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  • 70. The Six Main Phases Of A Criminal Trial A criminal trial is when a jury analyzes evidence and decides whether or not the defendant is guilty. A trial is a way for the government to argue its case against the defendant in hope of a guilty verdict and conviction. A trial also gives the defendant a chance to fight against the evidence and try to prove their innocence. After both the defendant and the prosecution have given their statements a jury will deliberate and decide whether or not the defendant is guilty. There are six main phases in a criminal trial: Choosing a jury, opening statements, witness testimony and cross examination, closing arguments, jury instruction, and jury deliberation and verdict. The first step in a criminal trial is selecting a jury. To select a jury a ... Show more content on Helpwriting.net ... The defense may also present physical evidence and call upon eyewitnesses to go to the stand. Once an eyewitness is called to the stand the opposing side will then get a chance to cross examine the witness. It starts by having a witness called to the stand where they take an oath to tell the truth. Whomever called the witness to the stand directly question the witness through a question and answer technique. Once the original party is done questioning the witness the opposing side will then get to cross exam the witness in hopes of discrediting the witness's testimony. After the cross examination, the original side will then get another chance to address the witness, which is known as "re–direct examination" in attempt to repair any questions that may have been made after the cross examination. After both sides present their evidence and state their case there is a "rest". This is when no more evidence can be presented to the jury. Once both sides have finished presenting all their evidence to the jury they will then each have a closing argument. It is a chance for both sides to summarize their cases. This is the final chance that both sides have to talk to the jury before they deliberate. The prosecutor will try to convince the jury that the defendant is guilty by summarizing the evidence. The defendant will make their last case to try to prove themselves as not guilty either from a lack of evidence or actually having no ... Get more on HelpWriting.net ...
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  • 72. Using DNA in Criminal Trials Essay Using DNA in Criminal Trials DNA evidence is extremely helpful in criminal trials not only because it can determine the guilt of a suspect, but also because it can keep innocent people from going to jail. The suspect must leave a sample of their DNA at the crime scene in order for testing to occur, but DNA can be found in the form of many things such as semen, blood, hair, saliva, or skin scrapings. According to Newsweek, "thousands of people have been convicted by DNA's nearly miraculous ability to search out suspects across space and time… hundreds of innocent people have also been freed, often after years behind bars, sometimes just short of the death chamber" (Adler ). Though some may think it is a waste of time to go ... Show more content on Helpwriting.net ... The DNA from the saliva was a perfect match with the DNA from the semen collected from the rape victims. Puetz, the investigator on the case defends the constitutionality of his evidence–gathering methods; the courts, he says, have held that once you've put out your trash, you've waived your right to keep the contents private, and "I don't see why the same wont hold true for saliva."(Adler). Because there are many different types of crimes, it is often difficult to find enough physical evidence to convict a person. For example, in rape cases there is usually only a small amount of physical evidence, so cases are based on word alone. Because of DNA testing we can now take samples from the victim and attempt to match the results with those of the suspect. Therefore, DNA is sometimes the only real way of determining the guilt or innocence of a suspect without having any witnesses. Since many rape cases are left unsolved, DNA testing is believed to be the most accurate way of keeping sex offenders off the street. Because of the growing trend of using DNA in rape cases especially, a company in Brooklyn now advertises a small flashlight–like device intended to be used to jab at attackers in order to collect a sample of his skin for later use (Adler). According to a study by Joseph Peterson, with the Department of Criminal Justice at the University of Illinois, DNA evidence does not have a major impact on the decision to either convict or acquit ... Get more on HelpWriting.net ...
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  • 74. The Importance of Plea Bargaining in Criminal Trials Essay The Importance of Plea Bargaining in Criminal Trials Screeech! That is the sound of our court system coming to a grinding halt, if plea bargaining were no longer utilized. Not only does plea bargaining save taxpayers an enormous amount of money, it often provides the evidence for a conviction and allows public defenders and other court officials to concentrate their limited resources on more important or difficult cases. Some people may believe that plea bargaining with criminals is wrong. The entire basis of the argument against plea bargaining says that criminals should not testify or have anything to do with the prosecution because they were involved with the crime. We fail to realize that without plea bargaining many criminals ... Show more content on Helpwriting.net ... This means that in a world of compromise, the most success is achieved by giving the greatest good to the greatest number of people. This belief applies directly to plea bargaining. In this case, the most justice must be given the greatest number of criminals. Currently in the state of New York, 79% of all first degree murder cases are plea bargained. Without plea bargaining, many of these criminals would never even see a jail cell. Barry Kinsey, a sociologist at The University of Tulsa, said "Without plea bargaining the court's could not function unless there were drastic increases in budget allowance" . The courts are at present full and running over and if all the cases were to be tried the courts budgets would have to be increased by 900% (according to Tom Wallace, a public defender from Baltimore, Maryland). It is also important to consider the length of time that would be required to try every person indicted for a crime. With the courts as over burdened as they are, taking every case to trial could clog up the courts almost indefinitely. Since every person in this country is guaranteed a speedy trial (courtesy of the sixth amendment), banning plea bargaining without tremendous budget increases would violate the constitutional rights ... Get more on HelpWriting.net ...
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  • 76. The Composition Of Felony Criminal Trials For The Public... During my time interning at the Public Defender's Office, I have observed that time is one of the biggest issues. It has been shown that is quicker for an indigent individual to plead guilty than it is for them to receive adequate legal representation. After obtaining an attorney, it is a lengthy process when going through the different hearings and trials. Often taking several months for cases to be fully resolved. The composition of felony criminal trials in Lowndes County is very complex. There are several various steps within the trial process. The first official step before conducting a trial is making an arrest. An arrest can be made with or without a warrant; however, probable cause must be present in both cases. Upon making an arrest, the detaining officer has forty–eight hours to appear before a judge with probable cause for the arrest, which is the sufficient reason based on the facts that a crime has been committed. Subsequently, after being arraigned, if the individual cannot afford an attorney one is appointed to them from the Public Defender's office. Next occurs the indictment. The District Attorney's office receives the arrest warrant and then reviews the case, by dropping and adding charges if necessary. They also have the discovery, which is the evidence the state has against the defendant. The case then goes before a Grand Jury to determine if an indictment is ready. The following month the first hearing to occur after a defendant is indicted is the ... Get more on HelpWriting.net ...