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Jury Trial Analysis
Jury Trial Analysis
In the United States citizens are given certain rights when they are accused of a crime and are facing a trial. They have the right to a speedy trial, this it to avoid a person being charged with a crime them spending a prolonged period incarcerated prior to conviction. They have the right to an impartial jury. Jurors are interviewed by both the prosecution and the defense to endure that the defendant is not known to them and that if the potential jurors do have any knowledge of the crime, gained via the media or sources other than personal knowledge. Defendants are also entitled to an impartial judge. Judges are held to a higher
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Racial Diversity in Jury Selection
American Intercontinental University
The selection process of juries was designed to select citizens that were equal peers of the person involved in the trial. However, many disparities exist and the selection process at times seems to be disproportionate relating to race or ethnicity. Reform of the legislature would benefit those that are not being properly served.
It is the right of every citizen in this nation to have his or her case decided by a fair and impartial jury. The selection of the jury panel is one of great importance and one that can have a great effect on the outcome of the case
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How to Get out of Jury Duty
The mailman delivers good news and bad news. Topping the “bad news” list for many people who live in Los Angeles is a jury summons. This document tells you that you must respond by mail or phone for possible service on a jury. Many people feel that jury duty is a boring chore and would prefer not doing it. In fact, court clerks say that the most common question they hear is: Why do I have to serve? The official response is: Jury duty is a responsibility that all qualified citizens must share. If you are a citizen, if you can read and understand English, if you’re over 18 years old, and if you’re not a felon, you are eligible for jury duty. If you ignore the
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The Importance of a Jury in our Democratic SystemAs Americans, we are given the right to a jury trial, one of the most important freedoms that out judicial system has to offer us. A jury consists of anywhere between 6 and 12 registered voters who determine whether a person is guilty or innocent in the act of crime that they are being accused of. Not only do they possess this power in a trial, but they may also judge the laws themselves and whether or not is perhaps unconstitutional, unfair, or cumbersome, in which case they can declare the defendant, the person accused of the crime, not-guilty. Their responsibility is heavy and their power enormous in the outcome of a trial. It is a way of
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Elvis Fabian 5/9/15
SMGH Class 8-2
Document Based Essay
During the years 1860 to 1900, the United States went through a period of industrial power known as the Second Industrial Revolution. With the help
of industrial leaders , Andrew Carnagie and John D. Rockefeller , along with an abundance of natural resources they were able to change the way people traveled and worked in the U.S.
Andrew Carnagie had control of the steel industry while
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Feminism in Trifles and A Jury of Her Peers
As a strong feminist, Susan Glaspell wrote “Trifles” and then translated it to a story called “A Jury of Her Peers.” These works express Glaspell’s view of the way women were treated at the turn of the century. Even though Glaspell is an acclaimed feminist, her story does not contain the traditional feminist views of equal rights for both sexes.
The short story and the play written by Susan Glaspell are very much alike. The story takes place in an old country town in the early 1900’s. Mr. Hale has found his neighbor, John Wright, strangled upstairs in the Wrights’ house with Minnie Wright, John’s wife, sitting calmly
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Jury Trial Analysis Paper
University of Phoenix
CJA/364 Criminal Procedure
Jury Trial Analysis
The modern jury has evolved since about 1700 into a complex process involving a number of distinct steps (Zalman, 2008). Since the evolution of jury trials, the main goal is to form a jury panel, provide them with all the facts of the case, and decide a verdict. Each step that makes up the jury trial is unique within itself. It is unique because there is a starting point, finishing point, and steps in between. Every step is crucial and there is no room for error. The writer is going to discuss all of these steps in detail, and will also provide in depth analysis of
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Case brief form
Case Name | Curtis v. Loether |
Citation(year) | 415 U.S. 189 (1974) |
Court/J. | U.S. Supreme Court |
Procedural History | District Court held that a jury trial was neither authorized by Title VIII nor required by the Seventh Amendment and denied the jury request. The Court of Appeals reversed on the jury trial issue. The Court concluded essentially that the Seventh Amendment gave respondents the right to a jury trial in this action, and therefore interpreted the statute to authorize jury trial so as to eliminate any question of its constitutionality. |
Short Facts | Petitioner, an African American woman, brought a civil action suit against respondents
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Describe the System of Trial by Jury. Should the System remain as it is at Present? The jury's job is to use the facts given from both the defence and the prosecution and to use evidence alone, to decide if the defendant is guilty or not guilty. Since 1972, names have been randomly selected from the electoral role. These people are then called up to do 'jury service'. Jury service is compulsory unless excused. To qualify for jury service, you must be between the ages of eighteen and seventy and ordinarily resident in the UK for five years since the age of thirteen. (Juries Act 1974, s. 1).There are two types of excusals. 'As of right' refers to either MP's and members of the House of Lords
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In theory all jury systems (which have existed for almost 800 years) are fair and just. The jury system originated in England and has so far failed in cases (all too common) when defendants are wrongfully prosecuted or convicted of crimes which they did not commit. In societies without a jury system, panels of judges act as decision makers. They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law
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Research another country's approach to determine the truth in a criminal proceeding and describe how it differs from the American jury system.
Aruba and the U.S. both have different approach in determine the truth in our criminal proceeding. In the U.S. we have an adversary system set up with judges, sometimes the media, lawyers’ courts, jury, & the prosecutor. Our purpose of a court trial is to bring all the evidence pertaining to the crime, including statements from witnesses, history of the criminal himself, and any physical evidence. Our intentions are to hand down a fair verdict which is rendered by either a jury or judges. The court hearing is needed so the convict is not
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(CJSB) sends summons to individuals selected from electoral register — with date/time to attend court; and form to return confirming individual does not fall into any of disqualified, ineligible or excused categories. Jury at court chosen by random ballot by the clerk of the court.
Appointed by Minister for Justice
∑ Appoints from list from advisor committee
∑ Idea to create panel of magistrates
that is representative of all aspects of society
∑ Approx. 1500 appointed a year.
∑ Appointed under the Justices of the Peace Act 1997 and swearing in ceremony.
Comments on selection: Lay people
Whether a true representation of society is appointed.
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Court your case will be heard in front of a Jury who will make the final decision whereas the Magistrates Court your case will be heard infront of a judge who will also make the final decision on your sentencing. I will explain a bit more about both courts and also which one I think would be best for you to choose for your case.
If you decided to have your case heard at the Crown Court you will present your case to 12 members of the Jury and they will make the final decision on whether you will be sentenced guilty or not guilty. The Jury is a selection of 12 jurors who are usually selected through the electoral. The Jury must be anonymous and must not know anyone involved in the case. A
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How human beings judge others has been the subject of many psychological studies over the years. In this paper, psychology in the legal arena is discussed including jury selection, juror life experiences and how it affects their biases, and the impact of the media on their decisions.
Jury Selection and Its Importance
Juries have the all too important task of making life altering decisions dealing with money, freedom, and many times life or death situations. Therefore, serving on a jury is a very serious and important proposition. Unfortunately, in today’s society it appears that many times juries are selected in a rather casual manner. Many individuals called to
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What Happens During the Trial
Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.
Step 1: Selection of the Jury.
Step 2: Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.
Step 3: Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also
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to the court proceeding. When the court proceedings are finished the jury come up with the
verdict, if the verdict is guilty then the magistrates come up with the punishment.
If we took the lay magistrates and replaced them with judges it would cost about £100 million, and where would this money come from? That’s right, you, the taxpayer. Do we seriously want any more of the taxpayers’ money be wasted unnecessarily?
It is cheaper to hold a magistrate’s court with lay magistrates is cheaper than crown court and more efficient as it gets though cases quicker. The magistrates are also more available then the judges.
The idea that people on trial will be judged by their peers is
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The procedures that are followed in the criminal trials today have been carefully fine tuned throughout history. The consistent set of procedures is followed by both the federal and state governments and is designed to provide a fair trial for the defendant. Procedure begins with the opening statements and ends with a verdict. In this paper, those procedures and all the ones that fall in between will be discussed.
Opening statements begins a trial and are given to the jury and judge by attorneys for both sides of the case. Starting with the prosecuting attorney, an explanation of the case as well as a summary of what the attorney is asking for the jury to decide is given. Once the
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Assignment: Write an essay discussing how a trial by jury is a small-scale example of social constructionism.
Social construction is the frame through which society views an idea. It could be the idea of a crime (for example, drug abuse is a socially constructed crime not an inherent crime) or the idea of an event (for example, the beating of Rodney King as police brutality instead of necessary to protect the officers). Nothing is black-and-white, there are many different ways to view a situation.
Juries are selected to be a group of peers – this is what our justice system is based off of. If an objective peer would do the same thing in the same situation, perhaps you’ll be acquitted
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The Federal Court System
American Intercontiental University
The Federal system can be very complicated if you do not know what to expect.federal system This is a summary of how the federal system works in a felony case.
To begin a federal case we must start from the beginning and work through the process step by step. When a crime is committed within the territory of the federal government it is their job to investigate. Once a suspect has been identified a grand jury will convene. A
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they are convicted and the innocent go free. Innocent until proven guilty is a saying that has been used for many many years and has been quoted for many years. In our society, we have labeled the accused person either guilty or not guilty without giving that person their right of due process. By allowing that person to use the due process system they will it will buy them enough time to go through the court proceeding, in hope of proving his or her innocence or guilt. Due Process will give the individuals who have been accused of a crime the right to a fair and public trial, the right to be at the trial, the right to an impartial jury, and the right to be heard.
A lot of people proper to
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jurors represent the microcosm that is American Society.
For the duration of the text, each juror is only identified by a number with no evidence to suggest that they even know each other’s' names. The jury however, is a cross-section of American society as it comprises of educated, old, working-class, business and even immigrant men. This is intended by the play as the value of each juror is as a social representation, not as individuals. The 8th Juror represents possible strengths of the jury system as an aspect of the legal system. This is demonstrated by his confidence and the fact that he does not fear the idea of 'stand alone' against a potentially unanimous 'guilty' verdict, as he
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if there is probable cause to believe that the defendant committed the crime with which he/she is being charged
* Usually happens within 10-30 days of being arrested
* Begins the process of discovery
* This hearing can sometimes be waived
The Grand Jury
* The federal government and about 1/3 of the states require a grand jury to make an indictment
* Defendants are indicted at a rate of more than 99%
Functions of the Courts:
* Due Process Function- To protect the rights of the individual against the power of the state
* Crime Control Function- Emphasizes punishment and retribution
* Rehabilitation Function- Courts perform the role of physicians who dispense
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12 Angry Men Analysis
In the movie “12 Angry Men” there is a young man on trial for murder. The year is 1957, so the jury consists of all white, middle class to upper class, middle aged and up men. Some of their occupations consist of architect, salesman, broker and a man in advertisement. Which if you know anything about a jury today it is completely different. You have many different people of all race, gender, and social class, within that community, to receive a more fair trial. Also you can’t bring in any previous information into the trial or bring any emotional attachment into the case. Having a jury like in the “12 Angry Men” is not having a fair jury or trial what so ever, they
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A. Groups and Teams
1. Identify the dysfunctional and functional properties of the group in the film as they pertain to the problem the group is working on.
In this film, the numerous functional and dysfunctional properties of the 12-jury men play a big role in analysing and evaluating the main purpose at hand, namely identifying the young man guilty or innocent for the murder of his father.
The different roles the 12-jury men play in the deliberation of the capital murder case is prominent. Firstly, a role can be defined as a set of expected behaviour patterns attributed to someone occupying a given position in a social unit. Different groups enforce different role requirements on
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called the courtroom. Most cases that go to trial are carefully prepared through a discovery process that aids in the review of evidence and testimony before it is presented to judge or jury. The lawyers involved have a very good idea of the scope of agreement and disagreement of the issues to present at trial which develops much in the same way as the role of investigative judges. It has also been argued that a trial by a jury of one's peers may be more impartial than any government paid inquisitor and a panel of his peers. In the United States the right to a trial by a jury of one's peers who are common citizens is guaranteed by the United States Constitution.
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citizen on trial. In the trials of Tom Robinson and Orenthal James Simpson, this amendment seemingly may not have been considered. Every man should be treated equally, regardless of his race and social status, and in these two trials that statement was not being applied.The social and political climate of the town in both cases was a major factor in the result of Robinson and Simpson's trials. In To Kill A Mockingbird, Tom Robinson was a man of innocence that was accused of rape, a crime he did not commit. Back in the 1930's, white men were constantly trying to prove the "natural inferiority" of the African American race, condemning them as unreasonable. The jury was unable to look past race
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Approximately in March of 2005, Michael Jackson, the pop king, was once again accused of sexual misconduct with a teenage victim at his Netherland Ranch. He has been accused of having the boy sleep in his bed and was given wine by Mr. Jackson, allegedly.The characteristics that Michael Jackson possess that could possibly sway a jury in his favor are him coming to court in pajamas;(p.207) him being escorted to court with his father at his side and him being escorted to court with his doctor in scrubs at his side due to his claim his back was hurting. Furthermore, Michael Jackson's family there with him on various court days like his mother, brother and sister. Another time the flight
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12 Angry Men Film Analysis
25 October 2010
The film, 12 Angry Men (1957), is a drama about a jury that was to decide the fate of a teenaged boy who was facing the electric chair for supposedly killing his father with a switchblade knife. The twelve men were locked into a small, claustrophobic jury room on an unbearably hot summer day until they came up with a unanimous decision - either guilty or not guilty. Over the course of the film the votes went from eleven guilty and one not, to a unanimous vote of ‘not guilty’. The movie provides many examples of persuasive speaking, group communication and conflict, and different communication climates.
In the movie Henry
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begins when a U.S. Attorney or an Assistant U.S. Attorney tells the federal Grand Jury about evidence that point to a crime being committed. If the attorney can show there has been a crime committed the Grand Jury issues an indictment and the person is arrested if they are not in custody already.Grand JuryThe Grand Jury is a group of people that are selected and sworn in by the federal courts. Grand Juries differ from trial juries in several ways. Grand jury hearings are held in secret and the defendant will generally not appear before the grand jury.Grand juries are responsible for ruling on whether there is enough evidence to bring charges on a suspect. If there is they will give an
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Question One: Have you or any family member or close personal friend ever taken the drug before?
This question will be helpful in determining whether to keep or dismiss the potential juror from the jury pool since it would determine whether they have any history of using the drug manufactured by the defendant. The reason is that in some cases, individuals may have negative reactions from using particular drugs that contain certain elements in them of which they may be allergic to. At the same time, another family member or close personal friend of the individual may have also taken the drug and not once did
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pointed out about selection of jury and the injustices presented by all-white juries. At no time did I really think of the selection of jury in terms of race. I really don’t see how it would be unfair for an African American to be tried by a jury of all white. Even if they may not be overtly racists but still there are racial biasness deeply embedded within each person in regard to others. People from different social and cultural backgrounds look at certain things in completely different ways. This is also perfectly accurate for people with socioeconomic status; I have never thought that extremely wealthy people can genuinely relate to the poor people and their actions.
The author has also
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In the state of Oklahoma there are several court systems. Each court has a designated portion of cases that they oversee and can either be ruled by a judge or determined by a jury trial. At the top you have two court systems, the Supreme Court in which 9 judges reside over and the Court of Criminal Appeals in which 5 judges reside. These court systems are called, “Courts of Last Resort (Oklahoma Department of Libraries, n.d.). The Supreme Court assigns cases to the Civil Court of Appeals. The Supreme Court handles a variety of cases which include, appeal by right civil, permission and exclusive original proceeding cases (Courts, 2010). The Supreme Court is also responsible for
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Life is a constant battle between right and wrong, and what comes in between is fear. It is either constantly limiting people, resulting in some cowardice acts by the jury and Aunt Alexandra, or it is motivating them to do the honorable thing like Atticus and Jem. A single fear can greatly impact not only one’s life but an entire community and this is seen through the weakness or bravery of many of the characters in To Kill A Mockingbird by Harper Lee, demonstrating that our reputations are built on the way we handle our fears.
To begin with, fears are meant to be overcome, but Harper Lee shows us a number of characters, like the jury and Alexandra, that succumbed to them instead, and
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Running Head: SUFFICIENCY OF AN INDICTMENT AND EXCLUSIONARY RULE
Sufficiency of an Indictment and Exclusionary Rule
Velma L. Stubbs
Austin Peay State University
Sufficiency of an Indictment and Exclusionary Rule
The Exclusionаry Rule protects the right to be free from unreasonable searches. This rule holds thаt otherwise incriminating subject matter thаt police officers have obtained illegally must be excluded from evidence. Along with the right of appeal, the exclusionary rule is а defendаnt's chief remedy for а violation of his or her rights in а criminal procedure.
Following а true-bill finding by а grаnd jury, the prosecution files the indictment
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obligation. Mr. Kopp failed to re-credit the business account and with a remaining balance of $3.66, the account was closed. The defendant failed honor nine or ten checks written in the month of March that would have been honored had the defendant not debited the business account $402. A jury awarded the plaintiffs $402, but the plaintiffs appealed claiming the trial court erred in taking from the jury certain questions regarding damages.
(1) Was the trial court proper in taking from the jury the questions of punitive damages, damages to business reputation and credit, and personal injury damages a result of the wrongful dishonor of checks by the defendant?
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In the Dillworth v. Gambardella, 776 F. Supp. 170 (D. Vt. 1991) is a case where the
Plaintiff sues a skier that feel and thereby knocking down the plaintiff who feel and injured his
back. The jury came back with a defendant verdict and the plaintiff ﬁles a motion for a new trial
on the grounds that the court made an error in instructing the jury as to the Vermont Sports
Injury Statute and its relation to the doctrine of assumption of risk and the applications to this
case. The appellate court denied their motion for a new trial and stated “that the sports injury
statute applied to participants in any sport.” The Assumption of Risk doctrine states that
“when a risk or danger is
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million dollars it will be very hard for the family to collect based on new legislation laws and the fact that individual nursing homes are organized as freestanding limited liability companies, under the Central Arkansas Nursing Centers upheld by Michael Morton.
The Faulkner County jury unanimously decided that the Greenbrier Nursing and Rehabilitation Center was negligent is the care of Ms. Bull. Circuit Judge Mike Maggio presided over the case and the damages to be awarded were for pain, mental anguish and suffering (Brantley, 2013).
In the case of Martha Bull vs Greenbrier Nursing and Rehabilitation Center, the two focal legal questions are:
1. Should there be
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the accused the charges and advise them of their rights to counsel and the right to remain silent.
Then you have the Grand Jury process (not all jurisdictions have grand juries) in felony cases is usually started by grand jury indictment or a preliminary hearing. The prosecutor goes to the grand jury to ask them to indict the accused. The grand jury is a group of citizens who will conduct the proceedings. The prosecutor will present their evidence and providing legal advice the jury. As part of the investigation the jury as the right to compel testimony, and including the testimony of crime victim. After hearing the prosecution and their own thoughts of their investigation they will vote
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An Enron Jury Free of Grudges? Easy, Judge Says!
HOUSTON, Jan. 29, 2006 Chances are that in this city's pool of 2.3 million registered voters, there are at least 16 people who are not angry about the implosion of Enron, the largest business collapse in history. But ﬁnding them in a single day could be a challenge.! That has not deterred Judge Simeon T. Lake III of Federal District Court, who will begin the much-anticipated criminal trial of the former Enron chief executives Kenneth L. Lay and Jeffrey K. Skilling on Monday.! Judge Lake said in court on Thursday that he expected to choose a panel of 12 jurors and 4 alternates from 100 prospective members in one day. After examining
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gave him a chance to go to a rehab place. He did get his life straighten out enough to get a wife but ended up going back to selling and he went before the judge for a last time and got seven and a half years. The book touches some of the most important topics and gives an amazing amount of information and facts and real life examples of what goes on.
To sit on the jury panel, you will have to go through a lot of different things to get to. The process that is used is voir dire. It’s the process in which potential jurors from the group are questioned by either the judge or a lawyer to determine their suitability to be on the jury. The person who is doing the question has to ask questions
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, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
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25 years or the death penalty (Bytensky LL.B., September 11, 2008), for the aggravated child abuse she could face a minimum of 34 ½ months up to 15 years (Hornsby, 2004-2011), on the aggravated manslaughter of a child Casey could face up to 30 years ( Casey Anthony: What She’s Facing if Jury Finds Her Guilty, July 15, 2011) and for providing false information to a law enforcement officer she could face a year on each count ( Casey Anthony).
If the jury finds Casey Marie Anthony guilty on all charges I feel that she should be sentenced to the maximum sentences allowed. This would mean that Casey would receive life in prison with no possibility of parole after 25 years for the murder charge
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Writing Prompt #2
A Case of Racism
Good morning people of the jury. What if I told you, you aren’t aloud to have dreams? What if I told you that your goals aren’t prudent and that you will have to settle for less? What if I told you that as a child you would be stripped of all your aspirations and that you would never amount to the capabilities of your peers? Finally what if I told you that the reason why you cannot have these dreams and why your goals aren’t prudent and why you will never amount to your peers are because of your skin color. Ladies and gentlemen of the jury what if I told you that in your academic career you would be a victim
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a speedy trial is violated, the end result is that the case is either dismissed or the overturning of the conviction takes place as a remedy. The 6th Amendment even states that if a case have been heavily publicized and there are chances that his/her right to due process will be violated, public and media access to the case can be limited and the defendant can even request for such a trial (Harr, 2002, p.320). But it is necessary for the defendant to prove that violation of his/her right to a trial that is fair in nature is arising and they even have the burden to prove that alternatives to closed trials cannot be used.
The 6th Amendment even protects the defendant’s right of a jury trial
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Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF"
In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would
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According to this appeals court, what errors were made by the judge at trial?
First off, the judge was wrong by allowing the jury to even deliver a verdict on discrimination claims against Thiesing for 2,200,000 dollars. Thiesing was the prosecutor and this case was not about what Thiesing did as he was the prosecutor and brought the case to court not the defendant. I feel as though the judge should have kept the jury on track by not allowing other issues not relevant to the case at hand to be admissible. On the other hand the judge also did not allow the jury to look at the evidence of the case with a clear mind due to the plaintiff’s counsel only desire was to ignite
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meeting a plea bargin could be struck and the charges reduce. Your attorney usually discusses this after his bench conference. If the charges are serious they may not be discussed at the arraignment, and may be asked to appear in front of a grand jury. Your attorney may ask you if you want to speak on your own behalf (Cowling A.C.).
If the case goes to the grand jury your lawyer has to prepare if you have any witnesses and to present you case in front of a jury or judge. This is why it is best to hire a lawyer immediately; it takes the lawyer many hours to prepare for a case. The attorney must get written permission from the judge to introduce evidence. Also the prosecution must be
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that the 8th juror who wants it to be a fair trial and wants to “talk this thing out”. A fair trial that everyone is entitled to. Juror 8th is in contrast with the other jury members who allow personal bias to make up their verdict and decisions. Rose starts of the play with the judge stating the duty of the jurors, and that they have to come up with a unanimous verdict. The play progresses with the changing of individual juror’s minds. Rose represents juror 8 as the protagonist and the hero of the case. Juror 8 represents the strengths of the jury systems. Juror 8 insists on looking at the facts in the case even though everyone else has already got their mind made up. In the play juror 8 is