• Criminal Trial Procedure American
    2,745 words
    One of the most vaguely understood events in the United States is the modern criminal trial. Most people have a faint knowledge of the goings-on of criminal proceedings, mainly due to what is seen on television, but the person who knows the real course of a trial is rare. However, there is nothing mysterious about the events that determine criminal guilt. Trials are carefully orchestrated, following procedures that have been laid in legal concrete over the years, and generally follow the same ba...
  • Crown Court Trial Magistrates Defendant
    1,825 words
    UNITED KINGDOM CRIMINAL JUSTICE SYSTEM In the trial process in England and Wales is adversarial. In the magistrates' courts, magistrates determine guilt or innocence. In the Crown Court, a jury of twelve ordinary citizens will decide... The prosecution must prove its case beyond reasonable doubt. The prosecutor will make his case first by calling and examining witnesses. These are then cross-examined by the defence. The defence is not obliged to call evidence and the defendant is not a compel l...
  • Trial By Plea Bargain
    1,047 words
    Criminal Justice Trial by Plea Bargain After I finished this short reading, it dramatically helped my understanding with how cases are dealt with by plea-bargaining. Plea-bargaining is first a verbal agreement made usually between the defense attorney, who is representing the defendant, and the district attorney. There are many different instances in which could occur. Plea-bargaining is the most common of settlements in the court system today. This helps cases move quickly and increases the jud...
  • Plea Bargaining Criminal Justice Bargain
    587 words
    Plea bargaining When dealing with the Criminal Justice system plea bargaining is something that is a common occurrence. When some type of a negotiation between the prosecutor and the defense attorney takes place and there is no trial, this would be considered a plea bargain. (Criminal Justice, Pg. 454) Although the defendant does loose some of his constitution rights by accepting it, he does have some benefits. Plea bargains usually have some kind of reduction of the conviction or the sentencin...
  • The 5th Amendment United State
    705 words
    The 5 th Amendment Basically, the 5 th Amendment states that no one shall be charged with capital crimes without a Grand Jury's permission, except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You can't be forced to testify yourself. That no one should be executed, jailed, or have property seized without a legal precedent. Also you can't be put through cruel or unusually punishment. If private property is sei...
  • Anonymous Juries In The Canadian Judicial System
    2,191 words
    The Canadian and essentially North American criminal justice system has traditionally made the identities and addresses of jurors known to the judge, the prosecution, and the defense solely. That tradition began to erode with the unprecedented sua s ponte trial court decision to use an anonymous jury in the case of United States v. Barnes and lead to similar precedent in Canada with the case of The Crown v. Diroguay, two highly publicized criminal trials of notorious organized crime figures in N...
  • Juror Page Defendant Guilty
    513 words
    Juror 10 There are two main characteristics of the 10 th juror that influence his verdict. The first is that juror 10 is prejudiced against the defendant (most likely he is racist, but we can not be 100% sure). The second is that he is uncaring and impatient. The first time we get a glimpse of juror 10's prejudice is on page 7 when he says "It's the element. I'm telling you they let those kids run wild up there. Well, maybe it serves them right." He believes that anyone coming from a poor neigh...
  • Affirmative Defences Justifications And Excuses
    891 words
    Affirmative defenses is the answer to which a defendant gives the court in response to the crime they are charged with. There are two main types of affirmative defenses, Justifications and excuses. Justifications and excuses are answers that the defended did do the crime but they can give a wonderful and perfectly good reason why they did it and they should not be held responsible for the crime they committed. Because every case is different there is a plethora of justifications and excuses, som...
  • Sixth Amendment Informed Of The Nature
    336 words
    The sixth amendment is that in all "criminal prosecutions, the accused have the right to a speedy and public trial by an impartial jury of the state and district wherein the crime that have been committed, which district would have been previously ascertained by law, and to be informed of the nature and cause of the accusation: to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense." ...
  • Plea Bargains And Mandatory Sentencing
    562 words
    Plea Bargains and Mandatory Sentencing I would like to take this time to explain my position on Plea Bargains and Mandatory Sentencing. I will show both pros and cons for each topic, as well as give you my personal brief on which one I support. There are two types of plea bargains: The first one is a charge bargain. When the prosecutor allows a defendant to 'plead guilty to a lesser charge", or to only some of the charges that have been filed against him. For example, a defendant charged with bu...
  • Random Liability Law Person Injury Product
    1,419 words
    WHEN IS A PLAINTIFF ENTITLED TO RECOVER? A. A plaintiff who was injured as as result of some negligent conduct on the part of a defendant is entitled to recover compensation for such injury from that defendant. A plaintiff is entitled to a verdict if jury finds 1. That a defendant was negligent, and 2. That such negligence was a cause of injury to the plaintiff. Q. WHAT IS NEGLIGENCE? Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do somet...
  • Law In China Judges May Question The Defendant
    1,407 words
    China's Legal System "In death avoid hell, in life avoid the law courts." This is a famous Chinese saying. From this quote, one might conclude that the litigation process in China is used as a last resort. We, the C. C. N. Y. Black Alumni Association, were afforded a brief opportunity to be exposed to China's legal system. The Chinese culture, both past and present, does not hold the legal profession in high regard. Their system is quite different from the United States. In fact there are only ...
  • Sixth Amendment Demand That A Trial Be Held
    538 words
    The sixth amendment is a right to a speedy trial, which means in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed. 2 The right to a speedy trial may be derived from a provision of Magna Carta and it was a right so interpreted by Coke 12. Much the same language was incorporated into the Virginia Declaration of Rights of 1776 and from there into the Sixth Amendment. 3...
  • California Vs Peterson Murder Judge Defendant
    815 words
    Laci Peterson, a 27-year-old wife who was eight months pregnant, disappeared on December 24, 2002. When the body of the California woman and her unborn child were found four months later, her husband, Scott, was charged with two counts of murder. Detective Craig Grogan gave a sworn statement that he had probable cause to believe Mr. Peterson committed two counts of the crime of 187 Penal Code, homicide, on or about December 23, 2002 or December 24, 2002, in the county of Stanislaus. April 17, 20...
  • Jury Trial Judge Defendant Form
    1,129 words
    At the opening of Court, the Court first calls for excuses, and the jurors who feel that they have a valid legal excuses for absence tell the judge the reason why they feel that they should not be required to serve in the particular case or cases. The judge will then listen to each excuse and make his ruling immediately. An excuse of sever illness in ones family, requiring presence at home will generally be sustained, while the fact that a juror had tickets to the theater or to a baseball game w...
  • Common Law Plaintiff Pension Defendant
    341 words
    Re: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1-4-99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co. , defendant, for nine years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiffs common law claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: Wrongful discharge Defendant: Terminated at will ...
  • Law Brief Ausley V Bishop
    268 words
    Ausley v. Bishop FACTS: In November 1994, Bryan Bishop began working for Andrew Ausley as an apprentice to gain his appraiser's license. After getting his license in April 1997, Ausley wanted to Bishop to sign a new employment contract that included less pay than before. After Bishop refused and decided to open his own office, Ausley told other people that Bishop was unethical and had even stolen files from Ausley's office. Ausley filed suit that Bishop breached contract and was granted a summa...
  • Past Experience Juror Defendant Jurors
    1,410 words
    Twelve Angry Men Que 1) " Truth is a matter of perception, which is created by experience" The 5 th, 10 th and 11 th jurors are all uniquely different characters. However despite this individuality they do have something in common, this being the fact that they base their decisions on past encounters and or experiences. They all use this either against or in favor of the defendant. The 5 th juror's experience of living, working and growing up in a slum area has given him good idea of...
  • Environmental Law House Of Lords
    1,666 words
    The phrase ''cause or knowingly permit'' is commonly used in UK environmental law. This phrase is subject to many interpretations, which has led to some courts in the case of Mcleod and Buchanan interpreting the phrase as two separate offences. This paper will in brief look at the inconsistency to how the 'cause' part of the phrase has been used in cases relating to pollution of water and the impacts it has had on the ruling of future cases. The leading case on what the law requires as to 'cause...
  • Anonymity Of Juries Jury Jurors Juror
    2,169 words
    The Anonymity of Juries Abstract The American criminal justice system has traditionally made the identities and addresses of jurors known to the judge, the prosecution, and the defense. That tradition began to erode with the unprecedented sua s ponte trial court decision to use an anonymous jury in the case of United States v. Barnes, a highly publicized criminal trial of notorious organized crime figures in New York City. Since "Barnes,' Federal prosecutors in New York have requested and been g...