...Jury Nullification Jury selection plays a significant role in the criminal justice system. Their primary role of the jury lies within the courtroom setting during criminal proceedings. These individuals are charged with the responsibility of hearing testimony from the prosecution and defense and also evaluating any evidence brought before the court. Their understanding and interpretation of all testimony and evidence greatly determine the final result of the trial, the verdict. In many circumstances a jury may dismiss the testimony and evidence and inject their own personal opinions regarding the law. This is known as jury nullification. Jury nullification permits juries to acquit even when the facts of the case suggest they convict, and thus enables citizens to play a more active role in determining justice and what or whom should be punished (McNamara & Burns, 2009, p. 265). Influence of Ethnicity within the Courtroom An individual’s race or ethnicity can have a substantial influence on courtroom proceedings and judicial practices. Many people, regardless of their own race, have preconceived notions of individuals that are charged with a criminal offense. Much of these preconceptions are fueled by the media, especially when these cases involve a white victim and minority perpetrator or vice versa. The media tends to glamorize and indulge these types of crimes because they equate to good ratings. Often times this media coverage finds its way into the courtroom and can...
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...Introduction The courtroom procedures and operations, an evaluation of the diversity and the roles of the judges, prosecutors, defense counsel, and personnel within the court are reviewed. Understand the benefits and pitfalls involving independent and mutually interdependent. There are ethical and legal standards that affect participate and understand how it affects the substantive laws and procedural law in the criminal justice system. When it comes to judges and their role in the courtroom, there are several roles in which they have to follow. Judges have the authority and right to make sure all court procedures and rules are followed by every party within the courtroom. They also decide on the issues of law, after hearing both the jury’s and lawyers arguments. Judges also have the ability to grant encourage cooperation and adjournments amongst both parties, while hearing out the evidence of a case. Judges are impartial decision making on the pursuit towards justice ("The Role of the Judge", 2006). The roles of Prosecutors The roles of the Defense Counsels, the defense counsel are a licensed trial lawyers. The accused must have legal representation during a court procedure. The defense counsel in many cases a judge appoints legal counsel to the offender. In these cases, the defendant does not have the financial mean to cover the cost of an attorney to represent them during the trial or court procedures. Defendants that are financially able to cover the cost of the legal expenses...
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...Jury Nullification In the American criminal justice system, the jury plays a significant role in the fate of a defendant who is on trial. The jury’s role is to evaluate the facts presented by both the prosecution and the defense, and decide whether those facts are substantial enough to convict, or not to convict, a person of the crime for which they are accused. This has been a cornerstone of American justice since before the country’s birth. The right of a trial by a jury of peers is an inalienable right guaranteed to everyone, and is protected by the Constitution. The rights of a jury are also inherent. A jury has a right to nullify, or disregard, the instructions of a court and the facts of a case in coming to a decision. Oftentimes, however, juries are intentionally not informed of this right. Many critics of jury nullification claim that its excercise and application leads to a lawless society (Scheflin, Van Dyke, 1991: 424). California’s jury instructions state that the jury must perform their duty uninfluenced by pity or sentiment for a defendant or passion or prejudice against them, while Maryland’s jury instructions state that while the facts about what the law says are meant to be helpful they may disregard them as they see fit (Bonsignore, et al:428). The practice of jury nullification in the United States dates back to the colonial period of our nation. In 1735, John Peter Zenger was arrested by the British government and charged...
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...Justice System and the Criminal Justice Process There are three components of criminal justice that we will explain: Police, Courts, and Corrections. Policing is the first component of our justice system. Policemen are the first responders within this system and are the ones who basically see the crime as it happens or right after. They are also the ones who come in contact with the evidence as they search the suspects or their property. They are also responsible for deterring crime with the presence in neighborhoods, highways, and events. They are the ones who serve the community with helping others in distress and protecting citizens from criminals. Police have the ability to determine if a crime was committed or not. Perpetrators are told their rights and taken into custody and transported safely by police. Police are also responsible for being role models within their community and must respect citizens on a mutual level. Too many times we see a case of police brutality and we know that a majority of policemen are good people, but our society sees “CNN”, “FOX NEWS” and our local news media and we only see what the ratings want us to see. Policemen have one of the toughest jobs in the world and yet are some of the most underpaid professionals besides soldiers and teachers. We must understand that policemen are on our side and not always think the criminal is right. The second component of our justice system is the courts. The courts consist...
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...Persuasive Paper Part 3: Possible Disadvantages, Answers, with Visuals Rodney Howard Professor: Holly Sprinkle English Research and Writing September, 1st, 2015 Introduction There is a problem that exists with hung juries. It should be suggested that a supermajority be required to convict, and a mere majority be required to acquit. These reforms would effectively abolish the hung jury. We need to stop giving holdouts the power to prevent convictions and I feel that all jurors should not have to agree, only the majority. Presently, both acquittals and convictions must be unanimous in federal court and in forty-eight states. That's not fair to the defendant. He fails to get the benefit of a clear result that would allow repose, and he faces the risk of retrial, even if eleven jurors thought either that he was innocent, or that the government had failed to prove its case. (Ethan J. Leib 2006) A solution needs to be proposed to help in abolishing the hung jury. Overview of the problem Why juries hang at these rates isn’t clear. Some commentators claim that hung juries are the product of eccentric or nullifying holdout jurors. Most commentary focuses rather narrowly on the supposed failings of the individual members of a hanging jury, such as jurors’ inability to comprehend the evidence and the law, their unwillingness to follow the law, or their illegitimate refusal to reach a verdict. The experimental data recommend more complex and nuanced explanations. Based on their data, For...
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...United States Justice System in the 1960s “The American Negro never can be blamed for his racial animosities - he is only reacting to 400 years of the conscious racism of the American Whites.”- (Malcolm X). This quote describes the African- Americans in the 1960s. African-Americans were treated unfairly for centuries due to the Jim Crow laws and slavery. As a result, the African Americans had, enough of the way they were treated and fought back, by using physical and silent protests. The main reason behind the racism thrown at the African Americans was because of the people in the South, who had their property, “African-Americans,” taken away from their plantations and household; thus, the people in the South have been outrageous...
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...Riding with the superintendent proved critical in strengthening my understanding of the obligation of a new officer in ensuring compliance with the law. In attempting to affirm my fears that the job is challenging, I indulged the officer in an interview. The intention was to relate the theoretical aspects of the discipline with the practical obligation of a police officer. During the interview with the officer in his car, I asked questions aimed at scrutinizing the system while acknowledging very well that officers abide by certain principles in carrying out their mandate. In turn, questioning the superintendent proved critical since I learned the intricacies of law enforcement, as well as the role of an officer in facilitating administration in the society. I customized the questions in order to encourage the respondent provide information relating to criminal justice in a broader perspective. I selected the city superintendent because I believed the superintendents understood the area of specialization very well. I began the process by seeking clarification to the definition of legal terms such as law...
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...her, to have necessary process for gathering eyewitnesses in his or her support (1995-2011). Last, the Sixth Amendment affords and individual the right to have the aid of an attorney for his or her defense (1995-2011). The last statement of the Sixth Amendments establishes that every individual has a right to counsel from the very second he or she is placed in police confinement (2011). The judgments of the U.S. Supreme Court also indicates that the Right to Counsel be provided to any individual who is insolvent or penniless and that the individual is guaranteed the right to the attendance of a court-appointed counsel at a crucial point in the criminal trial (2011). The crucial points of these proceedings are composed of custodial questioning, pre-charge lineups, preliminary examinations, arraignment, trial, punishment, and the first appeal of guilty verdict (2011). The Right to Counsel was initiated as a response to the English custom of refusing the aid of counsel in severe criminal proceedings that forces individuals to be present in court and represent his or herself in his or her own words (2011). An example of the strictness of the practice to deny counsel is evident in the trial of Mary Stuart,...
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...The Criminal Justice System Individual Project Unit 1 October 8, 2012 @ 11:59 p.m. CST Authored by: April Still If a crime is committed the police are called to the scene to investigate, make a report and possibly an arrest. The role of a Police Officer is to serve and protect the community when a crime has or is being committed. The police are usually the first person to respond to the call. “The duty of a police officer is to enforce the law, investigate the crime that has been committed, apprehend the offender, reduce and prevent crime from occurring, maintain public order, ensure community safety, provide emergency and related community services and protect fundamental rights and freedoms of individuals.” (Schmalleger, F., 2012, chapter 1 page 10). Once the officer has investigated and talked to all witness present at the scene of the crime, the officer will make an arrest if there is probable cause. Once the criminal is arrested, he or she is taken into custody and sent to booking to be processed and finger printed. He will then be placed in a holding facility until an arraignment date. Police officers are involved in the investigative stage of a criminal defendant after a crime has been committed and before the defendant is proven guilty of any crime. A District Attorney is an elected or appointed official of a designated district whose duties are governed by state law. The District Attorney reviews the case to determine whether a person should be...
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...discrimination, iniquitous motives, and concerns about the American judicial system. As the twelve jurors deliberate to reach a verdict, the film epitomizes the validation and condemnation of the American justice system. There are many responsibilities of a jury: to achieve fair and impartial decision, determine guilt or not guilt, give people voice in the government, and to protect the rights of the accused. In other words, the main point of the jury system is not to provide innocence but eradicating or sustaining reasonable doubt. The presumption of innocence is a key theme in the narrative that reflects one of the distinct characteristics of the American justice system. As much as this film is about lessons of discrimination, fate, and impartiality, it is also a lesson of the American justice system. Although this film demonstrates many imperfections in the court system, as imperfect human beings, perhaps it is necessary that justice call upon such a system. As shown in Twelve Angry Men, the American justice system, although seemingly flawed, works for us imperfect human beings Aside from the opening courtroom scene where the audience is introduced to the judge and defendant, the film mostly takes place in a room with the twelve jurors. The names of each juror are not revealed but addressed in the order in which they are seated around the table. The lack of names reflects the anonymity of the justice system that calls upon citizens of all backgrounds to serve as a juror. Because...
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...In To Kill A Mockingbird, Harper Lee shows how the theme of ignorance and be connected to many different topics relating to the original theme. Ignorance can be tied with many other topics throughout the entirety of the book. Such as guilt or knowledge. Those are two many that could be discussed. Closely linked to the theme of prejudice, are issues of guilt and innocence, for the same ignorance that creates racist beliefs underlies assumptions of guilt. The most obvious instance is the case of Tom Robinson: the jury’s willingness to believe what Atticus calls “the evil assumption… that all negroes are basically immoral beings” leads them to convict an innocent man. Boo Radley, unknown by a community who has not seen or heard from him in 15 years, is similarly presumed to be a monster by the court of public opinion. Scout underscores this point this point when she tells her Uncle Jack he has been unfair in assigning all the blame to her after her fight with cousin Francis. If he had stopped to lean both sides of the situation, he might have judged her differently, in which he eventually does. The novel’s conclusion also reinforces the theme of guilt and innocence, as Atticus reads Scout a book about a boy falsely...
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...2012 Rossum v. Patrick Introduction In California, the state supreme court, intermediate courts of appeal and superior courts all have original habeas corpus jurisdiction (Cal. Const. art. VI, § 10. ) Habeas corpus has been an influence within legal matters since 1305 in England. It is translated to mean, “you have the body.” In many Supreme Courts all over the United States, there were different rulings that involved habeas corpus. So much that it became a statute in the Constitution, 28 USC § 2241, the Power to grant writ. This statute expresses the power and limitations that are given to Congress. In Article 1 section 9, the limitations of Congress are expressed: “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it” (Cornell). Many defendants argue that their counsel has not represented them fair enough to the jury, which would fail to determine the most just and righteous decision by the jury. Therefore, they file a habeas corpus petition. “The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights” (Lectric Law). The writ checks the authority of the court system and the elasticity of their powers. In Rose v. Lundy, 455 U.S. 509, 520 (1982), it states that each claim must be fully and totally exhausted before a district court may reach the merits of any claim in habeas petition. A petitioner is entitled...
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...The Influence of Media in Judicial System The Influence of Media in Judicial System How many times has there been an innocent person released after more than a decade of serving in prison? Does media frenzy have an effective role in matters like this? Does everybody believe in the saying “innocent until proven guilty?” With much variety of media’s entertainments, public interest, as expected, has been increased, and it is still increasing. Despite the fact that it is good for people to be aware of what is going on around them, there has to be a line to how much media can interfere into life of others. The presence of media in the courtroom assures that people would be informed of how the legal system works besides of being an observer of a fair and unbiased trail. But their presence in the courtroom with cameras, tapes, and other especial equipments would cause more harm than benefit. Freedom of speech in addition to people’s interest in drama of the courtroom stimulates media’s curiosity in legal matters, and sometimes this curiosity will defy the privacy of others. Media’s influence on public and especially on jury repeatedly has caused the change of the verdict, an example of this influence is a case from Capital Defense Network; “Conviction for murders, armed robbery and attempted rape with a punishment of death was reversed and remanded for retrial because juror read news accounts detailing defendant's prior assault of a woman with a hammer...
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...defendant who violated the law. Jury nullification has been an option of a jury in the United States. The jury play a fundamental role in upholding and interpreting the laws the founders of American government outlined in that most sacred of documents. Today society find it imperative to question to what extent a jury may take these laws and make them their own. That a jury may so easily subject laws created through intense discussion and hindsight to so capricious a dismissal leads to question whether jury nullification, in fact undermines the rule of law imbedded in the American Constitution. Seen in this light it is not strange that the courts in the past and the present have discouraged it. At no time juries conferred with lawmaking authority, yet the repeated use of jury nullification results in the altercation of laws made by the proper government bodies. The over-use of jury nullification would result in the weakening of the American democratic system. Racial-based jury nullification has been an ongoing debate for quite some time. Though jury nullification involves members of the jury interpreting the law and coming up with an agreement of what they believe is the best solution of a court case based on what perception of justice, this practice does have some good points in which it benefits the criminal justice system. In a system that contains statistics and reports that prove that discrimination does exist in terms of a person’s race affecting the length and...
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...Courtroom TV Paper: OJ Simpson Trial Team C: Dwana Harris, Ian Mcguire, Ryan Raeffer, Andrew Cantrell, Renel Philippe, Aaron Pena CJA/224 October 7, 2013 Lou Wittmer Introduction The double-murder trial of O.J. Simpson is surely one that will live in infamy. From the controversial “If the glove doesn’t fit, you must acquit” phrase coined by his superstar attorney Johnnie Cochran to the jaw-dropping verdict of not guilty this case has made its mark in history. In 1994 Nicole Brown-Simpson and Ronald Goldman were found stabbed to death. With no other obvious suspects, Brown-Simpson’s husband Orenthal James Simpson became the object of law enforcement’s suspicion and was charged with the murders. The case was brought to trial and with seemingly solid physical evidence the prosecution went into attack mode painting a picture that was supposed to prove beyond a reasonable doubt that Simpson was guilty of premeditated murder. However, having a “Dream Team” defense, as it was called proved to be far more beneficial to Simpson that anyone I this nation would have ever thought. The defense lawyers used mechanisms such as racial profiling and police corruption to mangle the prosecution’s case and discredit every piece of information that was once presumed viable. The trial deliberations grabbed the attention of almost every American and for the duration people stayed glued to the television awaiting the verdict. What was the crime the defendant was alleged to have committed...
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