...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 prosecution has made their statement, the defense attorney is permitted to give their opening statement, however the defense attorney may request to hold their opening statement until the beginning of the defense case. Once the opening statement has been made, the prosecution begins to present their case. This is where the prosecution calls forth any witnesses they may have to provide testimony for the case. Anyone involved in the arrest, interrogation, or investigation of the crime as well as any witnesses to the crime, may be called to testify. Throughout the testimonies evidence is permitted to be admitted to the court to further help the case. The defense is the allowed to cross examine each witness so that they may try to discredit any statements given that may help to prove the prosecution’s...
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...APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion of court to direct that discharge shall amount to acquittal -- Nature of discretion -- Constitution of the Republic of Singapore art 35(8) -- Criminal Procedure Code (Cap 68) ss 184 & 336(1) The appellant was charged with four charges of voluntarily causing grievous hurt, criminal trespass, mischief and public nuisance. Before the commencement of the trial, the prosecution successfully applied for him to be discharged in order to enable him to complete a course of treatment at a drug rehabilitation centre, such discharge not amounting to an acquittal. On appeal, the appellant contended that the discharge ought to amount to an acquittal and in the alternative asked that the matter be reinstated and disposed of expeditiously on the grounds that it was unjust that he should be left under indefinite apprehension of the recommencement of these criminal proceedings. Held, dismissing the appeal: (1) When the public prosecutor decides to inform the court that he will not further prosecute a defendant upon a charge, he does so in the exercise of the discretionary power vested in him by art 35(8) of the Constitution and s 336(1) of the Criminal Procedure Code (Cap 68)('the CPC'). There can be no...
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...Plea bargains are extraordinarily common in the American legal system, accounting for roughly 90% of all criminal cases. Many countries, however, do not allow plea bargains, considering them unethical and immoral. Below is a discussion about what plea bargains are, why we use them, and different types of plea bargains as well as what happens if both parties don't [Contractions are inappropriate in academic writing--write it out.] live up to the terms of a plea bargain (http://criminal.findlaw.com/criminal-procedure/plea-bargains-in-depth.html). [If this URL is in a citation, it should not appear here but rather on the references page.] Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence. Plea bargains are often referred to as really just establishing a "mutual acknowledgment" of the case's strengths and weaknesses, and don't [Write out contractions.] necessarily reflect a traditional sense of "justice". In theory, courts are happy to have the respective parties work out a solution by themselves, but it begs the question of who is best served by allowing plea bargains. A plea bargain is a contract between the defendant and the prosecutor. If either side fails to live up to its end of the agreement, the most likely remedy is to go to court to enforce the agreement. In particular, many plea bargains ask a defendant...
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...homes on televisions. Television shows are popular for their dramatics, which increase their ratings. The more dramatic and action packed a show is, the more people tune in to watch it, therefore making it a successful show or series. In the world today popular crime shows such as Law & Order, CSI, Raising the Bar, and Peoples Court, show the dramatics of a case. Of these shows, Law and Order and Raising the Bar, both portray the legal drama and police procedures taken in a case. Upon watching an episode of Law & Order or Raising the Bar, one will see a lot of discrepancies of the fiction versus reality of today in the courtroom. It is important to remember that television shows are not real, unless stated so. Again the idea of creating a successful series is to have it appeal to the audience; drama, crime, and blood draw in a great percentage of audiences, therefore making the show a hit. Upon entering the courtroom in a televised series, it is often noticeable how the drama unfolds throughout the case. Both the prosecution and defense attorneys are often seen arguing a case outside of the courtroom, bargaining for a lighter sentence, and at times arguing...
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...pretrial criminal process? How does the pretrial criminal process affect post arrest processes and trials? Is there a better solution to the current process? Explain. * * * * Pretrial process is when the prosecution and the lawyer provide all the evidence that will presented in the case. This would be a list of all the witnesses that will be call by either party or from one party. Both the prosecution and lawyer also have the chance to motion for the use of a way of referencing something that they think might help the case. * * * * * * A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. [ A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant's guilt or innocence. Under rule 17.1 of the Federal Rules of Criminal Procedure, pretrial conferences for criminal cases may be conducted to promote a fair and expeditious trial. In practice, federal and state courts use the pretrial conference in criminal cases to decide such preliminary matters as what...
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...guilt immediately but will ask the prosecution to provide the statement of facts of the case and to take evidence of the nature of the charge before passing sentence this to ensure that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him. If the offence is simple, the facts would be as per the charge. If the case is complicated, the prosecution should furnish other facts which material to the case. Then, the accused must be asked if he admits to the facts. If he or she denies, the court should reject the plea of guilty and set the case down for hearing. If he or she admits, the court must record the finding of guilty, dispose of the case and must be satisfied that the facts support the charge. Under Section 173 (c) of the Criminal Procedure Code, provides that if the accused refuses to plead or does not plead or claims to be tried, the court shall proceed to take all such evidence as may be produced in support of the prosecution. In addition to the three situations where trials may be held, the case will also go to trial even when the accused pleads guilty; it is because the plea is not unreserved, unqualified or unequivocal. The evidence to be taken here includes exhibits or documents or things forwarded as evidence. The real evidence that reasonable to prove the case should bring to the court in order to prove the prosecution case. If in the event, cannot bring...
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...Processing a Defendant: In A Federal Investigation. Unit 4 Corrections and Prisons July 7th, 2013 AIU ONLOINE PROFESSOR: TINA DINGLE Abstract Today we will be discussing how a defendant is processed through a federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution and release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place (Journalists Guide, 2011). 1.2 Decision to...
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...The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Lake County, California, Arrest Policies Project: A Process Evaluation Author(s): Brenda K. Uekert Ph.D. Document No.: 201874 Date Received: September 2003 Award Number: 98-WE-VX-0012 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federallyfunded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Institute for Law and Justice 1018 Duke Street Alexandria, Virginia Phone: 703-684-5300 Fax: 703-739-5533 E-Mail: ilj@ilj.org Lake County, California, Arrest Policies Project A Process Evaluation April 5, 2000 Prepared by Brenda K. Uekert, Ph.D. Prepared for Lake County, California National Institute of Justice Violence Against Women Office Introduction The Grants to Encourage Arrest Policies Program encourages jurisdictions to implement mandatory or pro-arrest policies as an effective domestic violence intervention that is part of a coordinated community response. Congress appropriated funds for the Arrest Program under the Violence Against Women Act (1994). The Program assumes that the arrest of a...
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...Provide an example of the exclusionary rule. A right to be free from unreasonable searches and seizures is declared by the Fourth Amendment, but how one is to translate the guarantee into concrete terms is not specified. Several possible methods of enforcement have been suggested over time; however, the Supreme Court has settled, not without dissent, on only one as an effective means to make real the right. An example would be if a police officer stops a driver for speeding, and in the course of issuing the citation they discover cocaine in the glove compartment of the car. If the defendant did not consent to the search, and if the police did not have probable cause to believe illegal drugs could be found in the glove compartment, the search would be illegal under the Fourth Amendment. To invoke the exclusionary rule the defendant would move before trial to suppress the drugs as illegally seized. This motion would be decided by a judge sitting without a jury. The defense would have the burden of proving that the defendant's rights were violated. If the facts are disputed the parties would be allowed to call witnesses. If the accused testifies at the suppression hearing, this testimony is not admissible against him at a later trial. If the judge decides that the search was illegal, the exclusionary rule comes into play and the evidence will be suppressed in the pending case. In our example, the government has no case without the drugs, and the court would have to dismiss...
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...offences must be tried in the Crown Court, but the 1st hearing is always dealt in the Magistrates Court which is then transferred to the Crown Court. If applied to Sunita’s case, as it is a TEW offence it can be tried in either the Magistrates Court of Crown Court. When being tried for a TEW offence, the defendant must attend a plea before venue. Under this procedure, Sunita is 1st asked whether she pleads guilty or not. If Sunita pleads guilty then she has no right to ask for her case to be heard at the Crown Court, however Magistrates may decide to send Sunita to the Crown Court for sentencing if found guilty. Mode of trail: If Sunita pleads not guilty, the Magistrates must carry out a ‘mode of trail’ procedure to decide whether the case will be tried in the Magistrates Court or Crown Court. Magistrates first decide whether they think that the case is suitable for trail in the Magistrates Court and whether they are prepared to accept jurisdiction under s19 of the Magistrates Court Act 1980, the nature and seriousness of the crime must be considered, their own powers of punishment and any representation of prosecution and defence....
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...responsibility of the prosecution to prove that the defendant is guilty beyond reasonable doubt in the court room. If the prosecution fails in providing evidence, reasonable doubt remains and the defendant is set free on that basis. The principle ensures that innocent people are not jail. Historical Background In doctrine it is shown that by the form given to the presumption of innocence in article 23 of the Constitution and the similar provisions in article 6 paragraph 2 of the European Convention and article 52 of the Criminal Procedure Code there is at least one contradiction regarding the moment up until to which the presumption functions. Jean Lemoine created the principle of presumption of innocence with the aim of protecting the defendant, based on the notion that many people are not guilty. This principle requires the judge to start by believing that the prosecution cannot prove its accusations. The principle means that: the accuser has the entire yoke of substantiation; the accused does not need to prove anything and the judge or jury should not get any negative conclusions from the accusations made by the prosecution against the defendant. All these presumptions known to as the golden thread, dictate that the verdict should be made solely from the evidence presented by the prosecution. It is the duty of the judge in ant criminal court to ensure that, there is a balance between the principle and the evidence presented by the prosecution. It is a hard task...
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...hours. Plea bargaining is however very important because over ninety percent of all criminal cases are built and completed due to plea bargaining. Plea bargaining can be defined as an agreement between a prosecutor and a defendant whereby the defendant is allowed to plead guilty to a lesser charge rather than risk conviction for a graver crime in order to avoid a protracted trial or to win the defendant’s cooperation as a witness (“Plea Bargaining”, 2014). Now a plea bargain can mean everything to nothing towards a case. The prosecution would use these types of bargains for leverage against the defendant. What is meant by this is that the defendant can be offered to give a testimony of the events which can eventually lead into a charge and conviction into a higher profiled case. This is the case most of the time; usually the prosecution offers a plea bargain to reduce on court time and possibly to show a little mercy on the defense of the case. The prosecution is all about plea bargaining but so is the defense side of the court. The defense would seek plea bargains in order to eliminate or lessen the risk of a severe sentence post-conviction. There are two types of plea bargaining that is used and should not be confused with...
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...clouded. The adversarial system is said to be the most efficient means of arriving at approximate truth because it harnesses the power of self-interest on each side to unearth the best evidence. Similarly the best legal arguments are thought to emerge from the clash of advocate’s submission on the law. A classic quotation is that of Lord Eldon in Ex Parte Lloyd that ‘truth is best discovered by powerful statements on both sides of the question.’ This follows from the notion that dispute resolution ‘achieving justice’ is the overriding objective of adversarial adjudication. How does the incorporation of science affect our understanding of adversarialism? Adversarial proceedings can be thought of as a kind of formal debate in which the prosecution urges that it can prove the defendant's guilt and the defence either contests the...
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...Prosecutions, accusations, consequences The Salem witch trials were once known as “the devil’s magic” because of the witchcraft being used. Mary easty a victim of prosecution during the witch trials said “I never complied, but prayed against [Satan] all my days… I will say it, if it was my last time, I’m clear of all this sin”. These accusations led to consequences therefore, result as vicious prosecutions. During that time, the Salem witch trials were very prejudiced toward anyone. The circumstances that induced to the Salem witch trials were irrational. It all started “during the spring of 1692, after a group of young girls in Salem Village, Massachusetts, claimed to be possessed by the devil and accused several local women of witchcraft.”...
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...system. A petition is entered to a higher court to review the lower court’s decision and to see if the legal procedures were correctly followed. (Meyer & Grant, 2003). The appeal process is time consuming and very lengthy. The appeal process request that the high court over turns the lower court’s ruling and they have to take all the information into consideration and make sure that every aspect of the previous trial was don’t legally. The appeal process normally happens when the defense or the prosecution is not happy with the lower courts verdict and sentencing. Since an appeal is not a new trial but a different way for the defendant to have evidence and material heard that might change the verdict. After a verdict and sentencing, the offender has a time frame to file for an appeal. The proper paper work, the court transcripts, and any other physical evidence that was used during the trial. (Meyer & Grant. 2003). Trial courts decisions are binding only on the parties to a particular case, and an appellate court decision serves as precedent that is legally binding on all lower courts within its jurisdiction (Meyer & Grant, 2003). Appeals are reviewed on the matter of law, not fact. (Meyer & Grant, 2003). This means that in order for an appeal, the defense or prosecution has to prove that the law was misapplied and proper procedure was not used during the court proceedings. The appellate court can only use the prior courts record not new evidence...
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