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  • Very Popular Defense As The Defendant
    2,892 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...
  • Biggest Award In An Air Bag Case
    3,243 words
    CHRYSLER-Case Jury Orders Big Payment CITE: The Wall Street Journal, Friday, February 19, 1999. Page A 3. FACTS: Chrysler Corp. was the first United States manufacturer to install air bags on the driver's side. These air bags were installed on entire line of domestic passenger cars in the late 1988, 1989 and 1990. In July 1992, when Louise Crawley drove her 1989 Chrysler LeBaron and collided with another car, the air bag deployed. The deploying of the air bag burned her left hand. At the time, M...
  • Defendant And The District Attorney
    1,096 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 Bargain
    1,370 words
    The most common arguement offered on behalf of plea bargaining is that it lifts the burden of heavy caseloads from the shoulders of the courts. By ensuring that most criminal defendants enter a plea of guilty, plea bargaining eliminates the need for time-consuming trial procedures. Harold J. Roth wax, a Manhattan judge said, "We go to plea bargaining out of necessity, not out of desire. It is inescapable". Criminal defendants charged with felonies could completely overcome the court system if th...
  • Standard Of Proof In A Criminal Court
    2,312 words
    The outcome of a trial, whether it be civil or criminal, can have a tremendous impact on the lives of the parties involved. It is the wish of any reasonable person that the perpetrator of an evil faces the penalties of his or her actions while the innocent be awarded a favorable outcome, whatever that entails. This is the outcome that any honest legal decision-marker strives to achieve. If the all the relevant facts were readily available and their authenticity assured, then a judge or jury coul...
  • Critics Of Anonymous Juries
    2,276 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 vs. Barnes and lead to similar precedent in Canada with the case of The Crown vs. Diroguay, two highly publicized criminal trials of notorious organized crime figures in...
  • Potential Juror In A Tobacco Case
    2,469 words
    Dear Yearbook committee, I received your invitation to the class reunion of the UM graduating class of 1981. I am overjoyed to see you all again, and I also accept your invitation to speak at the opening ceremony. As per your request of an autobiography, I wrote a short synopsis of what I feel has affected my writing the most. Hopefully, this will fit in well enough with your scheme for the reunion book. I hope you enjoy. Each one of us has a different road to take, and what we do before and aft...
  • Courts Defendants
    1,175 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...
  • Employment Of Plaintiff
    355 words
    Re: Ingersoll -Rand Co. vs. 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 a...
  • Barks An Angry Juror
    871 words
    Many movies start with promising premises that end up only partially fulfilled, but 12 ANGRY MEN never disappoints. The rich drama with minimalist sets occurs almost completely within the confines of a jury room. The incredibly strong ensemble cast for the jury includes: Henry Fonda, Lee J. Cobb, Ed Begley, e.g. Marshall, Jack Warden, Jack Klugman, Edward Binns, Joseph Sweeney, Martin Balsam, George Voskovec, John Fiedler and Robert Webber. To further minimize distractions, we never learn most o...
  • Criminal Liability Transferred Malice Mens Rea
    2,009 words
    'A person cannot usually be found guilty of a criminal offence unless two elements are present: actus reus and mens rea. Both these terms have a very specific meaning which varies according to the crime, but the important thing is that to be guilty of an offence, an accused must not only have behaved in a particular way, but must also usually have had a particular mental attitude to that behaviour'. Discuss The prosecution has to prove that both actus reus and mens rea are present in a criminal ...
  • Ivy Hill Property
    756 words
    Victims of crime are seeking compensation from the owners and managers of properties on which crime takes place with increasing frequency. In these court cases, commonly known as premises liability cases, juries are being told that the crime was the result of a perpetrator's ability to take advantage of a lack of security in a certain building or property. (Nolo, 2002) In Kuzmicz vs. Ivy Hill Parks Apt case, the N.J. Supreme Court "addresses whether a landlord has a duty to protect its tenant by...
  • Poor Funding Of Many Other States
    1,371 words
    Criminal Entrapment is the creating of a situation by the police and encouraging an individual to commit a crime that he wouldn't have otherwise done. Suspected Criminals often use this defense when somehow the police have been involved in the crime they have committed. However, it is imperative that in order to be released under this circumstance that one must prove that if not provoked by the police. In the example case, United States vs. Russell, it is easily determined that this does not cla...

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