The criminal process 2
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The document discusses various aspects of the criminal trial process in England and Wales, including: - Mode of trial procedures and how magistrates' courts determine whether a case should be tried summarily or sent to the Crown Court. - Plea and case management hearings, where defendants plead guilty or not guilty and key issues are identified before trial. - Disclosure requirements for the prosecution and defense to share information. - Debate around inappropriate use of the Crown Court and expanded sentencing powers of magistrates' courts. - Other trial procedures like burden of proof, presenting evidence, and consideration of bad character evidence. - A mock trial exercise where students are assigned roles to prepare prosecution and defense cases
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The Criminal Process 2
The document discusses various aspects of the criminal trial process in England and Wales, including:
- Mode of trial procedures and how magistrates' courts determine whether a case should be tried summarily or sent to the Crown Court.
- Plea and case management hearings, where defendants plead guilty or not guilty and key issues are identified before trial.
- Disclosure requirements for the prosecution and defense to share information.
- Debate around inappropriate use of the Crown Court and expanded sentencing powers of magistrates' courts.
- Other trial procedures like burden of proof, presenting evidence, and consideration of bad character evidence.
- A mock trial exercise where students are assigned roles to prepare prosecution and defense cases
Ch 18 Criminal Trial
This document summarizes key aspects of criminal trial procedures in the United States, including common pretrial motions, Sixth Amendment rights of defendants, the right to a jury or bench trial, jury selection processes, rules of evidence, order of trial procedures such as opening statements and presenting the prosecution and defense cases, jury instructions, closing arguments, jury deliberations, and potential outcomes such as jury verdicts, hung juries, and jury nullification.
Ch 17 Pretrial Process
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
Courts ppt 2011 12
Here are the answers:
A. There are reasonable arguments on both sides of this issue. Supporters argue it allows justice to be served if compelling new evidence emerges of guilt. Critics argue it violates the longstanding principle of double jeopardy and risks retrials pressuring innocent persons to plead guilty. Overall it seems a balanced change if strictly limited to serious offenses and compelling new evidence.
B. Two grounds the prosecution may appeal are: 1) against an unduly lenient sentence under s.36 Criminal Justice Act 1988. 2) on a point of law through an Attorney General's reference under s.36 Criminal Justice Act 1972.
C. An "appeal by way of case stated" refers to an appeal from
Ch 20 Appeals Process
The document summarizes the appellate and postconviction relief processes in the US criminal justice system. It describes the different levels of appellate courts, from intermediate appellate courts to courts of last resort. It then explains the various stages of the appellate process, including filing notices of appeal, submitting briefs, oral arguments, and issuing opinions. The document also discusses options for postconviction relief like habeas corpus petitions that allow prisoners to challenge their convictions after exhausting appeals. It provides an example of the lengthy appeals process in the Robert Glen Coe death penalty case over two decades.
Bail 2011 12
Here are the matches:
s.114 Coroners and Justice Act 2009 - B
s.14 Criminal Justice Act 2003 - E
s.115 Coroners and Justice Act 2009 - A
s.56 Crime & Disorder Act 1998 (amending CJPOA 1994) - D
s.19 Criminal Justice Act 2003 - C
Chapter 8 & 9 powerpoint lecture admj50
The document discusses several topics related to the criminal justice system process, including: pretrial procedures and plea bargaining; punishment and sentencing; the goals of punishment such as retribution, deterrence, incapacitation, and rehabilitation; and types of sentences judges can impose. It also discusses understanding what really happens in sentencing and whether the system treats wrongdoers equally.
Chapter 8 overview
This chapter discusses criminal sentencing, including the philosophies that justify sanctions like deterrence, incapacitation, retribution, rehabilitation, and restorative justice. It also addresses mentally ill offenders and the insanity defense. There are two major sentencing models: indeterminate sentencing based on parole and structured sentencing using guidelines, determinate sentences, and presumptive sentencing. Mandatory sentencing and three-strikes laws are examples of structured sentencing. While the death penalty remains controversial, many states are reexamining it due to documented wrongful convictions.
Recommended
The Criminal Process 2
The document discusses various aspects of the criminal trial process in England and Wales, including:
- Mode of trial procedures and how magistrates' courts determine whether a case should be tried summarily or sent to the Crown Court.
- Plea and case management hearings, where defendants plead guilty or not guilty and key issues are identified before trial.
- Disclosure requirements for the prosecution and defense to share information.
- Debate around inappropriate use of the Crown Court and expanded sentencing powers of magistrates' courts.
- Other trial procedures like burden of proof, presenting evidence, and consideration of bad character evidence.
- A mock trial exercise where students are assigned roles to prepare prosecution and defense cases
Ch 18 Criminal Trial
This document summarizes key aspects of criminal trial procedures in the United States, including common pretrial motions, Sixth Amendment rights of defendants, the right to a jury or bench trial, jury selection processes, rules of evidence, order of trial procedures such as opening statements and presenting the prosecution and defense cases, jury instructions, closing arguments, jury deliberations, and potential outcomes such as jury verdicts, hung juries, and jury nullification.
Ch 17 Pretrial Process
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
Courts ppt 2011 12
Here are the answers:
A. There are reasonable arguments on both sides of this issue. Supporters argue it allows justice to be served if compelling new evidence emerges of guilt. Critics argue it violates the longstanding principle of double jeopardy and risks retrials pressuring innocent persons to plead guilty. Overall it seems a balanced change if strictly limited to serious offenses and compelling new evidence.
B. Two grounds the prosecution may appeal are: 1) against an unduly lenient sentence under s.36 Criminal Justice Act 1988. 2) on a point of law through an Attorney General's reference under s.36 Criminal Justice Act 1972.
C. An "appeal by way of case stated" refers to an appeal from
Ch 20 Appeals Process
The document summarizes the appellate and postconviction relief processes in the US criminal justice system. It describes the different levels of appellate courts, from intermediate appellate courts to courts of last resort. It then explains the various stages of the appellate process, including filing notices of appeal, submitting briefs, oral arguments, and issuing opinions. The document also discusses options for postconviction relief like habeas corpus petitions that allow prisoners to challenge their convictions after exhausting appeals. It provides an example of the lengthy appeals process in the Robert Glen Coe death penalty case over two decades.
Bail 2011 12
Here are the matches:
s.114 Coroners and Justice Act 2009 - B
s.14 Criminal Justice Act 2003 - E
s.115 Coroners and Justice Act 2009 - A
s.56 Crime & Disorder Act 1998 (amending CJPOA 1994) - D
s.19 Criminal Justice Act 2003 - C
Chapter 8 & 9 powerpoint lecture admj50
The document discusses several topics related to the criminal justice system process, including: pretrial procedures and plea bargaining; punishment and sentencing; the goals of punishment such as retribution, deterrence, incapacitation, and rehabilitation; and types of sentences judges can impose. It also discusses understanding what really happens in sentencing and whether the system treats wrongdoers equally.
Chapter 8 overview
This chapter discusses criminal sentencing, including the philosophies that justify sanctions like deterrence, incapacitation, retribution, rehabilitation, and restorative justice. It also addresses mentally ill offenders and the insanity defense. There are two major sentencing models: indeterminate sentencing based on parole and structured sentencing using guidelines, determinate sentences, and presumptive sentencing. Mandatory sentencing and three-strikes laws are examples of structured sentencing. While the death penalty remains controversial, many states are reexamining it due to documented wrongful convictions.
0131389033 ppt07
This document provides an overview of the key participants and processes involved in a criminal trial. It discusses the roles of police, prosecutors, judges, jurors and defendants. It also outlines several important pre-trial decisions and proceedings, such as determining bail, competency to stand trial, and plea bargaining. Finally, it describes the typical structure and sequence of a criminal trial, from jury selection to closing arguments and deliberation.
R. v. Liard and Lasota
The document is the final jury instructions from a criminal trial of Michelle Liard and Rafal Lasota. It provides guidance to the jury on their duties, how to evaluate the evidence, and the legal principles they must follow in reaching a verdict. The judge instructs the jury that they must decide the facts based solely on the evidence presented in court, disregarding any outside information. They are also told to make their decision without bias and to accept the law as explained to them by the judge.
Appeals 2013
1. The document discusses the English legal system and routes of appeal through the courts. It outlines several courts that hear cases at both the first instance and appellate levels.
2. It provides examples of how defendants and prosecutions can appeal cases from lower courts to higher appellate courts. Defendants can appeal on points of law, points of fact, or sentences depending on their original plea.
3. The document also discusses specialized appeal bodies like the Criminal Cases Review Commission that can investigate potential miscarriages of justice and refer cases back to the Court of Appeal.
Bail 2012
Here are the key points I would focus on for revision:
Essay:
- Clearly outline the police and court bail processes
- Explain statutory rebuttals like s.25 CJPOA and s.115 CJA
- Discuss the balance between individual rights and public protection
- Refer to relevant case law and statistics
Problem question:
- Identify all relevant legal factors
- Apply law to the specific facts of the scenario
- Discuss likely outcome and justify your reasoning
- Consider alternative arguments or outcomes
Police powers revision:
- Detention, questioning and searches
- Grounds for arrest
- Cautioning
- Police bail vs court bail
- Review
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This document discusses plea bargaining in the criminal justice system. It notes that over 95% of criminal cases in the US are resolved through plea bargains rather than trials. Plea bargaining can be understood through economic models of decision-making and resource allocation. While some argue plea bargains penalize the right to a fair trial, others defend the practice as an efficient way to reduce costs and allow prosecutors to allocate limited resources effectively.
Law-Exchange.co.uk Shared Resource
Magistrates courts handle less serious criminal cases in England and Wales. Magistrates, who can be qualified lawyers or laypeople, oversee summary cases and some either-way offenses. They deal with bail applications, youth cases, and issues related to council tax, protection orders, and child welfare. Magistrates also determine if a case should be sent to the Crown Court for more serious offenses. Their trials involve presenting evidence, witness testimony, and determining guilt or innocence based on the burden of proof.
No case to answer
The court considered a submission of no case to answer from the defendant. Under sections 101 and 104 of the Evidence Act, the plaintiff bears the burden of proof and must establish their case based on the evidence presented. If the plaintiff's evidence is found to be unsatisfactory or unreliable, they will have failed to discharge this burden. The court must evaluate just the plaintiff's evidence to determine if they have met this burden before the defendant is required to submit a defense.
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The document outlines the 12 key stages in the pre-trial process for a criminal case in New Jersey Superior Court. These include (1) being hired, (2) reviewing the criminal complaints and statutes, (3) meeting the client, (4) filing bail motions if needed, (5) speaking to the prosecutor about potential plea deals, (6) dealing with indictments from grand juries if no plea is reached, (7) attending required court appearances post-indictment, (8) receiving discovery materials from the prosecutor, (9) analyzing the case materials, (10) organizing defense strategies, (11) continuing plea negotiations or preparing for trial, and (12) determining if any pre-trial motions
Chapters 12 and 13
Police can arrest individuals based on probable cause of having committed a crime or reasonable suspicion of criminal activity. Searches require warrants based on probable cause unless an exception applies, such as searches incident to arrest. After arrest, suspects are booked and can post bail before charges are filed based on evidence presented at a preliminary hearing or to a grand jury. Pretrial procedures include entering pleas, setting trial dates, and filing motions, with the potential for a plea bargain before a jury reaches a decision.
Chapter 9
This document discusses the structure and personnel of criminal courts. It describes the overloaded dockets in criminal courts which can lead to "assembly-line justice" where the majority of defendants plead guilty rather than go to trial. It then outlines the structure of state court systems, including courts of limited jurisdiction, general jurisdiction courts, appellate courts, and specialized courts like drug or domestic violence courts. The document also discusses the federal court system including district courts, courts of appeals, and the Supreme Court. It describes the roles of judges, prosecutors, and public defenders in the criminal justice process.
Trial, verdict
More on the trial process for my Intro to Journalism class.
Source: Melvin Mencher's News Reporting and Writing, 12th Edition.
092209 Gov Criminal Procedure 100m
This document outlines an agenda for a class on criminal procedures and introduces a mock trial exercise. It includes an overview of criminal procedures, roles in the criminal justice system, and steps in the criminal process like investigation, arrest, bail, preliminary hearings, trials, and sentencing. It then provides details and instructions for two mock trial cases involving charges of murder or manslaughter in the death of babies or adults. Students are assigned roles and tasks to prepare opening and closing statements and examine witnesses for the mock trial.
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Plea bargaining was introduced in India in 2005 to reduce delays in the criminal justice system. It allows the accused to plead guilty in exchange for concessions from the prosecutor, such as dropping or reducing charges. It aims to expedite case disposal and reduce court burdens. However, there are concerns it could encourage corruption, undermine the requirement of proof beyond reasonable doubt, and show undue leniency towards offenders. Overall, plea bargaining is still a new concept in India and its effectiveness in reducing backlogs and potential issues still need to be fully evaluated.
J4410 Covering Courts Sept24 09
The document provides an overview of a class on covering courts, including tips for writing about and reporting on various aspects of the legal system and court proceedings. It discusses different types of courts at the federal, state, and local levels and their roles and jurisdictions. It also outlines various stages of the legal process like arraignments, pretrial motions, plea bargaining, and trials. Students are encouraged to thoroughly research cases and verify information from multiple sources.
Anatomy of a Jury Trial: The Stages
The document outlines the key stages of a jury trial: (1) Jury selection where potential jurors are questioned to determine biases, (2) Opening statements where each side presents their version of events, (3) The prosecution presents evidence through witness testimony and physical evidence, (4) The defense can present a case and the defendant can testify, (5) Closing arguments where each side summarizes the evidence for the jury, (6) Jury deliberations where the jury decides on a verdict, and (7) If convicted, sentencing and the opportunity for appeal.
Final pf begin the case
Generally, the pf will begin the speeches but the court has full discretion to control the order of speech.
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This document provides guidance for pagans giving evidence in UK courts. It discusses the different types of courts (Magistrates, Crown), the role of prosecutors, how to prepare for trial by giving a witness statement and meeting with the prosecutor. It covers vulnerable witnesses and special measures to help give evidence. The document explains how to take an oath, the questioning process, sentencing options, and post-trial support from a witness care officer. The overall purpose is to help pagan witnesses understand what to expect when giving evidence in UK courts.
092209 Gov Criminal Procedure 100m
This document outlines an agenda for a class on criminal procedures that includes an overview of criminal procedures, introducing mock trial facts, and preparing for a mock trial. Students are assigned roles for the mock trial and instructed to find sources to support their roles. The document provides details on criminal procedure such as the roles of police, district attorneys, defenders, and judges. It also outlines the typical stages of a criminal case from investigation to sentencing and appeals. Students are given tasks to complete in preparation for the mock trial.
From bill to act
This document discusses the process for passing bills in the UK Parliament. It outlines the different types of bills - public, private, and private member bills. It describes the preliminary stages a bill may go through like a green or white paper. It discusses how the Parliament Acts of 1911 and 1949 allowed legislation to pass without House of Lords approval after a period of time. It also discusses a 2005 court case that challenged whether the 1949 Act was itself lawful. Finally, it notes that the Supreme Court now takes over the role of reviewing legislation from the House of Lords.
Criminal process 3 role of the media
This document discusses several criticisms of and proposed reforms to the UK criminal justice system. It examines issues such as the admission of prior convictions as evidence, the sufficiency of confession alone for conviction, the role of expert witnesses, racism in prosecution and courts, problems with the Crown Prosecution Service, disclosure failures, cracked and ineffective trials, challenges with victims and witnesses, the role of the media, and calls for an overall rethinking of the criminal justice system.
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0131389033 ppt07
This document provides an overview of the key participants and processes involved in a criminal trial. It discusses the roles of police, prosecutors, judges, jurors and defendants. It also outlines several important pre-trial decisions and proceedings, such as determining bail, competency to stand trial, and plea bargaining. Finally, it describes the typical structure and sequence of a criminal trial, from jury selection to closing arguments and deliberation.
R. v. Liard and Lasota
The document is the final jury instructions from a criminal trial of Michelle Liard and Rafal Lasota. It provides guidance to the jury on their duties, how to evaluate the evidence, and the legal principles they must follow in reaching a verdict. The judge instructs the jury that they must decide the facts based solely on the evidence presented in court, disregarding any outside information. They are also told to make their decision without bias and to accept the law as explained to them by the judge.
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1. The document discusses the English legal system and routes of appeal through the courts. It outlines several courts that hear cases at both the first instance and appellate levels.
2. It provides examples of how defendants and prosecutions can appeal cases from lower courts to higher appellate courts. Defendants can appeal on points of law, points of fact, or sentences depending on their original plea.
3. The document also discusses specialized appeal bodies like the Criminal Cases Review Commission that can investigate potential miscarriages of justice and refer cases back to the Court of Appeal.
Bail 2012
Here are the key points I would focus on for revision:
Essay:
- Clearly outline the police and court bail processes
- Explain statutory rebuttals like s.25 CJPOA and s.115 CJA
- Discuss the balance between individual rights and public protection
- Refer to relevant case law and statistics
Problem question:
- Identify all relevant legal factors
- Apply law to the specific facts of the scenario
- Discuss likely outcome and justify your reasoning
- Consider alternative arguments or outcomes
Police powers revision:
- Detention, questioning and searches
- Grounds for arrest
- Cautioning
- Police bail vs court bail
- Review
Module # 2 Civil Trial
The document outlines the typical structure and process of a civil trial in the United States. It discusses the key parts of a civil trial, including commencement through filing a complaint and answer, pre-trial motions, voir dire, opening statements, plaintiff and defendant presenting their cases, closing arguments, jury deliberation, and verdict/judgment. The goal is to ensure a fair trial for both parties and allow a jury to determine the facts of the case based on the evidence and law.
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Negotiation And Plea Bargaining Models
This document discusses plea bargaining in the criminal justice system. It notes that over 95% of criminal cases in the US are resolved through plea bargains rather than trials. Plea bargaining can be understood through economic models of decision-making and resource allocation. While some argue plea bargains penalize the right to a fair trial, others defend the practice as an efficient way to reduce costs and allow prosecutors to allocate limited resources effectively.
Law-Exchange.co.uk Shared Resource
Magistrates courts handle less serious criminal cases in England and Wales. Magistrates, who can be qualified lawyers or laypeople, oversee summary cases and some either-way offenses. They deal with bail applications, youth cases, and issues related to council tax, protection orders, and child welfare. Magistrates also determine if a case should be sent to the Crown Court for more serious offenses. Their trials involve presenting evidence, witness testimony, and determining guilt or innocence based on the burden of proof.
No case to answer
The court considered a submission of no case to answer from the defendant. Under sections 101 and 104 of the Evidence Act, the plaintiff bears the burden of proof and must establish their case based on the evidence presented. If the plaintiff's evidence is found to be unsatisfactory or unreliable, they will have failed to discharge this burden. The court must evaluate just the plaintiff's evidence to determine if they have met this burden before the defendant is required to submit a defense.
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The document outlines the 12 key stages in the pre-trial process for a criminal case in New Jersey Superior Court. These include (1) being hired, (2) reviewing the criminal complaints and statutes, (3) meeting the client, (4) filing bail motions if needed, (5) speaking to the prosecutor about potential plea deals, (6) dealing with indictments from grand juries if no plea is reached, (7) attending required court appearances post-indictment, (8) receiving discovery materials from the prosecutor, (9) analyzing the case materials, (10) organizing defense strategies, (11) continuing plea negotiations or preparing for trial, and (12) determining if any pre-trial motions
Chapters 12 and 13
Police can arrest individuals based on probable cause of having committed a crime or reasonable suspicion of criminal activity. Searches require warrants based on probable cause unless an exception applies, such as searches incident to arrest. After arrest, suspects are booked and can post bail before charges are filed based on evidence presented at a preliminary hearing or to a grand jury. Pretrial procedures include entering pleas, setting trial dates, and filing motions, with the potential for a plea bargain before a jury reaches a decision.
Chapter 9
This document discusses the structure and personnel of criminal courts. It describes the overloaded dockets in criminal courts which can lead to "assembly-line justice" where the majority of defendants plead guilty rather than go to trial. It then outlines the structure of state court systems, including courts of limited jurisdiction, general jurisdiction courts, appellate courts, and specialized courts like drug or domestic violence courts. The document also discusses the federal court system including district courts, courts of appeals, and the Supreme Court. It describes the roles of judges, prosecutors, and public defenders in the criminal justice process.
Trial, verdict
More on the trial process for my Intro to Journalism class.
Source: Melvin Mencher's News Reporting and Writing, 12th Edition.
092209 Gov Criminal Procedure 100m
This document outlines an agenda for a class on criminal procedures and introduces a mock trial exercise. It includes an overview of criminal procedures, roles in the criminal justice system, and steps in the criminal process like investigation, arrest, bail, preliminary hearings, trials, and sentencing. It then provides details and instructions for two mock trial cases involving charges of murder or manslaughter in the death of babies or adults. Students are assigned roles and tasks to prepare opening and closing statements and examine witnesses for the mock trial.
Plea bargaining presentation
Plea bargaining was introduced in India in 2005 to reduce delays in the criminal justice system. It allows the accused to plead guilty in exchange for concessions from the prosecutor, such as dropping or reducing charges. It aims to expedite case disposal and reduce court burdens. However, there are concerns it could encourage corruption, undermine the requirement of proof beyond reasonable doubt, and show undue leniency towards offenders. Overall, plea bargaining is still a new concept in India and its effectiveness in reducing backlogs and potential issues still need to be fully evaluated.
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The document provides an overview of a class on covering courts, including tips for writing about and reporting on various aspects of the legal system and court proceedings. It discusses different types of courts at the federal, state, and local levels and their roles and jurisdictions. It also outlines various stages of the legal process like arraignments, pretrial motions, plea bargaining, and trials. Students are encouraged to thoroughly research cases and verify information from multiple sources.
Anatomy of a Jury Trial: The Stages
The document outlines the key stages of a jury trial: (1) Jury selection where potential jurors are questioned to determine biases, (2) Opening statements where each side presents their version of events, (3) The prosecution presents evidence through witness testimony and physical evidence, (4) The defense can present a case and the defendant can testify, (5) Closing arguments where each side summarizes the evidence for the jury, (6) Jury deliberations where the jury decides on a verdict, and (7) If convicted, sentencing and the opportunity for appeal.
Final pf begin the case
Generally, the pf will begin the speeches but the court has full discretion to control the order of speech.
PPA Court Guidance 2015
This document provides guidance for pagans giving evidence in UK courts. It discusses the different types of courts (Magistrates, Crown), the role of prosecutors, how to prepare for trial by giving a witness statement and meeting with the prosecutor. It covers vulnerable witnesses and special measures to help give evidence. The document explains how to take an oath, the questioning process, sentencing options, and post-trial support from a witness care officer. The overall purpose is to help pagan witnesses understand what to expect when giving evidence in UK courts.
092209 Gov Criminal Procedure 100m
This document outlines an agenda for a class on criminal procedures that includes an overview of criminal procedures, introducing mock trial facts, and preparing for a mock trial. Students are assigned roles for the mock trial and instructed to find sources to support their roles. The document provides details on criminal procedure such as the roles of police, district attorneys, defenders, and judges. It also outlines the typical stages of a criminal case from investigation to sentencing and appeals. Students are given tasks to complete in preparation for the mock trial.
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This document discusses several criticisms of and proposed reforms to the UK criminal justice system. It examines issues such as the admission of prior convictions as evidence, the sufficiency of confession alone for conviction, the role of expert witnesses, racism in prosecution and courts, problems with the Crown Prosecution Service, disclosure failures, cracked and ineffective trials, challenges with victims and witnesses, the role of the media, and calls for an overall rethinking of the criminal justice system.
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This document outlines the key aspects and procedures of the criminal process in England and Wales. It begins by explaining the adversarial system and classification of offences. It then describes the criminal court system and process, including mode of trial, sending for trial, plea and case management hearings, disclosure, and plea bargaining. The document also discusses the trial process, evidence rules, and criticisms of the current system.
Court procedures
American and English court systems follow the adversarial system where each client is represented by an attorney. The American court system ensures due process through procedural rules like the Federal Rules of Civil Procedure. Generally, the litigation process begins with contacting an attorney for advice and then involves pleadings, discovery, pre-trial procedures, trial, and potential post-trial motions or appeals. Trials are used to present evidence and allow plaintiffs to prove their allegations by a preponderance of the evidence.
Courts system
The document describes the court system in the UK from Magistrates Court up to the Supreme Court. It explains that higher courts set binding precedents that lower courts must follow. The Magistrates Court handles less serious summary offenses and some either-way offenses. More serious indictable offenses are handled in the Crown Court. There is a process for appeals from lower to higher courts, focusing on errors of law or fact.
Chapter 10
This document summarizes key aspects of pretrial and trial procedures discussed in Chapter 10. It describes the hearings that take place after arrest to determine probable cause for charges. It also discusses the types of bail, plea bargaining which resolves most cases, and the trial process including jury selection and the order of steps followed in a criminal trial.
Chapter8
Here are the six basic steps of an appeal:
1. Notice of Appeal - The losing party files a notice of appeal with the trial court clerk.
2. Record on Appeal - The clerk prepares the record of documents and transcripts from the trial for the appeals court.
3. Appellant's Brief - The appellant files a brief explaining any errors made in the trial court.
4. Appellee's Brief - The appellee, or opposing party, files a brief responding to the appellant's claimed errors.
5. Oral Argument - Each side may present oral arguments to a panel of appeals judges.
6. Decision - The appeals court issues a written decision either upholding or overturning the lower court's
Explain the 12 steps of the criminal justice process doc 25.docx
The criminal justice
process involves a series of steps that are followed when dealing with a criminal case. While the specific details may vary depending on jurisdiction, here is a general overview of the 12 steps involved in the criminal justice process:
Investigation: The process begins with an investigation conducted by law enforcement agencies. Evidence is gathered, witnesses are interviewed, and the facts of the case are established.
Arrest: If the evidence suggests that a crime has been committed and a specific individual is believed to be responsible, they may be arrested. The person is taken into custody by law enforcement.
Booking: After the arrest, the suspect is taken to a police station or jail for processing. This involves recording their personal information, taking fingerprints and photographs, and conducting a background check.
Initial Appearance: The suspect is brought before a judge for their initial appearance, usually within 48 hours of the arrest. During this hearing, the charges are formally presented, the defendant is informed of their rights, and bail may be set.
Bail: If bail is set, the defendant may have the opportunity to be released from custody by posting bail. This is a financial guarantee to ensure the defendant’s appearance in future court proceedings.
Grand Jury or Preliminary Hearing: In some jurisdictions, a grand jury or preliminary hearing is conducted to determine if there is enough evidence to proceed to trial. This step is not present in all cases and varies depending on the jurisdiction.
Arraignment: The defendant appears in court for the arraignment, where they are formally notified of the charges against them. They enter a plea of guilty, not guilty, or no contest. If the defendant pleads guilty or no contest, the case may proceed to sentencing. If they plead not guilty, the case moves to the next step.
Discovery and Pre-trial Motions: The prosecution and defense exchange information and evidence through a process known as discovery. Pre-trial motions may also be filed by the defense, challenging the admissibility of evidence or requesting specific legal rulings.
How+to+Negotiate+in+the+Plea+Bargaining+Process
This document provides an overview of plea bargaining negotiation, including the roles of prosecutors and defense attorneys. It discusses the history and prevalence of plea bargaining in the U.S. criminal justice system. Prosecutors have significant discretion but also duties of justice, while defense attorneys must provide effective counsel to clients during negotiations. The document recommends defense attorneys understand the various forces at play and utilize negotiation techniques to obtain the best deals possible for their clients.
CHAPTER 8 The TrialIntroductionFirst live, nat.docx
CHAPTER 8
The Trial
IntroductionFirst live, nationally televised trial in the United States occurred in 1991William Kennedy SmithAllowed public to watch entire trial process from jury selection through verdict
Until then, public’s beliefs about trial process based on fictional TV trials
The Trial Process
Pretrial MotionsWritten or oral requests to the judge
Ask judge to make a ruling or order that action be taken in favor of the applicant
Made before opening statements or presentation of evidence
Types of MotionsDismissal of chargesNolle prosequi
Change of venue
Severance of defendants
Severance of charges
DiscoveryBill of particulars
Suppression of evidence
Intention to provide an alibi
Determination of competency
Continuance
The Right to a Speedy, Public, and Fair TrialSixth Amendment:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury”
Key questions:How soon after arrest must a trial be held?How much access should the public have?How do we ensure that the jury is untainted by prejudice?
The Right to a Speedy Trial“Justice delayed is justice denied”
Seriousness of charge has the greatest influence on length of case processing
Defining the Limits of a Speedy TrialFederal/state governments have established rules limiting time between arrest and trial
Barker v. Wingo – continuances do not necessarily infringe defendant’s right to speedy trial
Speedy trial rules only affect time between arrest and start of trial
The Courts, the Public, and the PressSixth Amendment guarantees right to a public trialIntended to ensure that accused is treated fairly by government by giving public full access to information regarding proceedingsDoes not define what makes a trial “public”
Public trial means one that the public is free to attendLimits on number of people allowed/required determined by courtroom size
Public TrialsPublic’s right to attendGannett Co., Inc. v. DePasquale: public and press could be barred from pretrial hearingsCourt has ruled that press and public should not be excluded from jury selection stage
Freedom of press and pretrial publicityGag orders may be issued by judges in high-profile casesPrior restraint should be used only when absolutely necessaryClear threat to the fairness of trialThreat is posed by the publicity to be restrainedNo less restrictive alternatives are available
Cameras in the CourtroomFlorida first let TV cameras into courts in 1977
All 50 states have rules permitting cameras in courts under certain circumstances
Congress considering legislation that would permit cameras in all federal courts
Bench Trial Versus Jury TrialAbout 80% of defendants convicted at trial are convicted by juries, 20% convicted in bench trial
Reasons to waive jury trialCrime is so heinousUnusual appearance of defendantExcessive media coverageCase is too complexAttorney fees may be lower
Constitutional Right to a Trial JurySixth Amendment guaran.
Welcome to Legal Research Writing and MootCourt
I do not have a personal stance on this issue. As an AI assistant created by Anthropic to be helpful, harmless, and honest, I do not make value judgments. My role is to accurately summarize information about this legal topic.
From arrest to trial
This document outlines the basic process and key steps in a criminal trial, from arrest through verdict. It includes: 1) An arraignment where the defendant is informed of charges and bail is set, and a possible plea bargain; 2) A preliminary hearing where the prosecution presents evidence for trial or a grand jury; 3) A grand jury hears evidence from the prosecution to decide if there is enough for trial; 4) Possible plea bargaining to reduce charges; 5) Pre-trial activities like requesting a bench trial or discovery exchanges; 6) A trial with jury selection, opening statements, presentation of evidence, closing arguments, and jury deliberations; 7) If found guilty, a pre-sentencing investigation is conducted before
Courts ppt 2010 11
The document discusses the English legal system and routes of appeal. It outlines several courts in England and Wales including the Supreme Court, Court of Appeal, Crown Court, and Queen's Bench Division. Both defendants and prosecutors can appeal court decisions, but defendants usually require leave or permission to appeal. Appeals can be made on points of law or fact and can result in convictions being overturned or upheld depending on the court's decision.
ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docx
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 2
*
THE COURT SYSTEM AND DISPUTE RESOLUTION OVERVIEWThe Court SystemFederal and state courtsThe Court ProcedureThe procedural steps for a lawsuit when the case goes to trial.Alternative Dispute ResolutionWhen parties resolve a dispute using alternative methods of resolution (don’t go to trial).
THE COURT SYSTEM
What is a court? Tribunal established by law to:
Hear and decide matters brought before it,
Provide remedies (this would include monetary damages and equitable relief) when wrongs have been committed, and
Prevent possible future wrongs.
Courts award money damages and provide equitable relief.
*
THE COURT SYSTEMJurisdictionCourt’s power to hear a court case; the power to act over a particular defendant. Subject matter jurisdiction Jurisdiction over the subject matter of a case. For example, the Federal Bankruptcy Court cannot hear a divorce case.General jurisdictionCourt that can hear most controversiesLimited jurisdictionCourt that can hear only a particular type of case. Such as the Federal Bankruptcy Court can only hear bankruptcy cases.
Chapter Two
THE COURT SYSTEMPersonal jurisdiction (not covered in textbook but should be covered)This is the power of a court over a particular person (second part of jurisdiction definition).Example: You had a car accident with a Mr. Jones who lives in California. The car accident happened in Pennsylvania and you are a resident of Pennsylvania. You have never been to California. Mr. Jones sues you in California. The California court would lack personal jurisdiction over you.
COURT SYSTEMThe courts in the United States are organized into the state and federal court systems, each (generally) with three levels: trial courts (has original jurisdiction).appellate courts.a supreme court.Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.Appellate jurisdiction reviews the work of a lower court. No trials occur in an appellate court. This court determines whether the judgment of a lower court was correct.
Chapter Two
*
THE FEDERAL COURTS
Chapter Two
United States
Supreme Court
United States Court
Of Appeals
United States
District Court
The U.S. District Court is the trial court in Pennsylvania we have 3 Courts.—the local one is the U.S. District Ct. for the Eastern District of PA
The U.S. Ct. of Appeals is the first appellate court. Pennsylvania is in the 3rd Circuit.
The U.S. Supreme Court is the final appellate court.
PENNSYLVANIA COURTS
Chapter Two
*The Commonwealth Court only hears appeals relating to local or
state government. The Superior Court hears all other appeals.
**De Novo –means over again. In this situation, you can appeal a district justice case and have the entire case tried over again.
Supreme Court of Pennsylvania
Commonwealth Court*
Superior Court
Court of Common Pleas–
Tria.
Classification of law 1
There are two main types of law: public law and private law. Public law deals with government powers and obligations and includes criminal law, administrative law, and constitutional law. Private law regulates relationships between individuals and includes contract law, tort law, and property law. A landmark tort law case was Donoghue v Stevenson in 1932, which established that manufacturers have a duty of care toward consumers. Criminal cases involve a prosecutor and defendant, with the prosecutor bearing the burden of proof beyond reasonable doubt. Civil cases involve disputes between plaintiffs and defendants, where plaintiffs must prove their case on the balance of probabilities. Various legal professionals play roles in court proceedings, such as judges, solicitors, barristers, and witnesses.
Strengths and Weakness of the Western Australian Adversarial (1).pptx
The document discusses the key aspects of the adversarial court system used in countries like Australia, the UK, Canada, and the US. It outlines that the adversarial system relies on the parties to present evidence and argue their respective positions to the judge or jury, who remain impartial. It also describes the different roles of parties, judges, rules of evidence, and burdens of proof in civil versus criminal cases. The document analyzes both the strengths of the adversarial system in promoting transparency and procedural fairness, and its weaknesses, such as more restrictive rules of evidence.
The Criminal Trial
The document discusses the criminal trial process and the roles and duties of prosecutors and defense attorneys in an adversarial legal system. It provides details on how a trial is conducted, including the presentation of evidence and arguments by both sides. It emphasizes that the goal of a trial is to determine guilt or innocence while upholding principles of fairness and justice. Both prosecutors and defense attorneys have a duty to represent their clients resolutely while respecting the tribunal and administration of justice.
Question 1. List and describe three rules of natural justice, provid.pdf
PROBLEM I. A nightclub manager realizes that demand for drinks is more elastic among
students and tries to determine the optimal pricing schedule. Specifically, he estimates that the
demand functions are given by g.-30-6P1 for students and = 24-4p for non-students. Assume that
drinks cost the nightclub S2 each. Q1. If the market cannot be segmented, what is the uniform
monopoly price? (a) $3.10 (b) $3.30 (c) S3.50 (d) S3.70 (e) S4.20 Q2. If the nightclub can
charge according to whether or not the customer is a student but is limited to linear pricing, what
price (per drink) should be set for students? (a) $3.10 (b) S3.25 (c) $3.40 (d) S3.50 (e) $3.80 Q3.
Under the same conditions of Q2, what price (per drink) should be set for non-students? (a) s3.80
(b) $4.00 (c) S4.30 (d) $4.60 (e) $5.20
Solution
(Q1) (d)
Without segmentation, p1 = p2 = p
q1 = 30 - 6p
q2 = 24 - 4p
Market demand: q = q1 + q2 = 30 - 6p + 24 - 4p
q = 54 - 10p
10p = 54 - q
p = 5.4 - 0.1q
Profit is maximized when Marginal revenue (MR) equals Marginal cost (MC).
Total revenue (TR) = p x q = 5.4q - 0.1q2
MR = dTR/dq = 5.4 - 0.2q
Equating with MC,
5.4 - 0.2q = 2
0.2q = 3.4
q = 17
p = 5. - (0.1 x 17) = 5.4 - 1.7 = $3.7
(Q2) (d)
With segmentation, profit is maximized when MR1 = MC and MR2 = MC
For students,
q1 = 30 - 6p1
6p1 = 30 - q1
p1 = (30 - q1) / 6
TR1 = p1 x q1 = (30q1 - q12) / 6
MR1 = dTR1/dq1 = (30 - 2q1) / 6
Equating with MC,
(30 - 2q1) / 6 = 2
30 - 2q1 = 12
2q1 = 18
q1 = 9
p1 = (30 - 9) / 6 = 21 / 6 = $3.5
(Q3) (b)
For non-students, q2 = 24 - 4p2
4p2 = 24 - q2
p2 = 6 - 0.25q2
TR2 = p2 x q2 = 6q2 - 0.25q22
MR2 = dTR2/dq2 = 6 - 0.5q2
Equating with MC,
6 - 0.5q2 = 2
0.5q2 = 4
q2 = 8
p2 = 6 - (0.25 x 8) = 6 - 2 = $4.
Ch12
The 6th Amendment guarantees criminal defendants the right to a speedy and public trial by an impartial jury, to be informed of charges, to confront witnesses, to compulsory process, and to counsel. It applies to critical stages of criminal proceedings where rights could be affected without counsel. The right to counsel extends from investigation through appeal. Counsel is presumed effective unless representation falls below objective standards and likely altered the outcome.
Module three courts (1)
This document provides an overview of judicial review, jurisdiction, establishing minimum contacts in an internet context, the state and federal court systems, the stages of a state court case including pleadings, discovery, pretrial motions, trial procedures, post-trial motions, appeals, and enforcing judgments. It also discusses alternatives to litigation for resolving disputes such as negotiation, mediation, and arbitration.
Between the time that the police make an arrestand a case is event.docx
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...
Between the time that the police make an arrestand a case is event.docx
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca.
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The criminal process 2
- 2. Miscarriages of Justice Complete the research on Miscarriages of Justice from last lesson. We will then discuss these as a group.
- 6. Mode of Trial Criminal Justice Act 2003, Sched. 3 has made changes to the mode of trial procedures. When deciding if the case should stay in the magistrates court, they will be informed of the defendant’s previous convictions. If they decide summary trial is appropriate, defendants will have the right to ask for an indication of sentence on plea of guilty before deciding which court to choose.
- 7. Mode of Trial Committal for sentence has been abolished for less serious either way cases. Magistrates sentencing powers have been increased from 6 to 12 months, in the hope they will send less cases to the Crown Court.
- 8. Mode of Trial Plea and Case Management Hearings Introduced by the new Criminal Procedure Rules in 2005. Aim – to encourage early preparation of cases before trial, with a view to reducing the number of “cracked” trials. Normally held in open court with the defendants present, who are required to plead guilty or not guilty. This is known as “arraignment”.
- 10. facts admitted by both sides
- 12. Name of any expert witness they have consulted
- 13. Any defences they intend to rely on
- 15. Mode of Trial Professor Lee Bridges Inappropriate use of Crown Court Magistrates have continued to send between 10% and 12% of either way cases to the Crown Court either for trial or sentence, throughout the past decade, despite the introduction of reforms such as "plea before venue". The magistrates use of custody has expanded nearly three-fold over the same period and they are now responsible for sending more people to prison each year than the Crown Court. The majority of cases sent to the Crown Court receive a sentence which the Magistrates could have given. This shows they thought they deserved a higher sentence.
- 16. Group Work In your group consider the following: (Give reasons for your answers) If you were charged with burglary, an either way offence, what type of trial would you prefer? Would you want your case to be heard by a professional judge and jury in the crown court or by the magistrate’s court?
- 17. Plea Bargaining This is the name given to negotiations between the prosecution and the defence lawyers over the outcome of a case. To be effective it requires the active cooperation of the judge, however: R v Turner (1970) Judges were not allowed to get involved in plea bargaining in the UK. That case effectively banned judges from indicating what sentence they would give if a defendant pleaded guilty. This case was not always followed in practice. R v Goodyear (2005) This case removed the ban. Defendants can now request in writing an indication from the judge of their likely sentence if they plead guilty. This indication is binding – cannot give a higher sentence.
- 18. Plea Bargaining Is plea bargaining is in the interests of justice?
- 19. Trial Procedure The Burden of Proof is on the Prosecution – they must prove, beyond reasonable doubt, that the accused is guilty. Defendants should normally be present at the trial, though the trial can proceed without them if they have chosen to abscond. A lawyer should usually represent them in their absence. (R v Jones 2002)
- 20. Trial Procedure The trial begins with the prosecution outlining the case against the accused, and then producing evidence to prove its case. The prosecution calls its witnesses, who will give their evidence in response to questions from the prosecution (called examination-in-chief), then if required, re-examined by the prosecution to address any points brought up in cross-examination.
- 21. Trial Procedure When the prosecution has presented all its evidence, the defence can submit that there is no case to answer, which means that on the prosecution evidence, no reasonable jury (or bench of magistrates) could convict. If the submission is successful, a verdict of not guilty will be given straight away. If no such submission is made, or if the submission is unsuccessful, the defence then puts forward its case, using the same procedure for examining witnesses as the prosecution did.
- 22. Trial Procedure Evidence of bad character and previous convictions. Following the passing of ss. 101-103 of the Criminal Justice Act 2003, evidence of past convictions will be more widely available. R v Hanson (2005) The Court of Appeal stated that the legislation required the consideration of three questions, namely: Did the defendant’s history of offending show a propensity to commit offences? Did that propensity make it more likely the defendant committed the current offence? And Is it just to rely on conviction of the same description or category having in mind the overriding principle that proceedings must be fair?
- 23. Mock Trial We will be considering the case of Max Hasty. Look at the case study and complete the work allocated to your role. You will be in pre-assigned groups. Prosecution – build your case against Max, is there anyone else you would want to talk to, what evidence can you use? Defence – build your case to help Max, are there any points of law which worry you, is there anyone else you would want to talk to?
- 24. Mock Trial - Groupings Prosecution 1. Jemma, Luke D 2. Jenni, Matthew B, Amy 3. Chloe, Kirsty, Matthew W 4. Dhiraj, Anisha, Jade Defence 1. Scott, Nickii 2. Taj, Vicki, Alicia 3. Alex, Jamila, Leighton 4. Natalie, Sherrydon, Luke M
Editor's Notes
- Problems = the police do not have sufficient training to perform this duty satisfactorily and the CPS lawyers often do not have time to check this process.