...Jury Trial Analysis CJA/364 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 standard that than of people in other jobs. They are required to put aside personal opinions and make decisions based solely on the facts as they are presented in court. The Right to a Speedy Trial The Sixth Amendment to the United States Constitution guarantees a person accused of a crime the right to a speedy trial. The Founding Father of the United States added this amendment to the Constitution for two reasons, ("The Free Dictionary", 2014). First they wanted to prevent those accused but not yet convicted of crimes from spending a long period of time incarcerated when they have not been found guilty of it yet. The second reason was the fear that if the trial was delayed the memories of witness could fade, witnesses themselves could disappear, and evidence could be lost. While both...
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...matters. A jury is ultimately selected by the judge, prosecutor and defending attorney. How they are they picked? How are they released? Maybe this paper will answer a few of these questions. The selection of a jury is the process that occurs right before the actual trial, and after the trial initiation and the arraignment and plea. Only about 10 percent of actual arraignments see an actual trial, because 90 percent of cases that are preparing for trial end up accepting a plea bargain (Schmalleher, 2009). Any one who is accused of a crime and will stand trial is allowed by the Sixth Amendment the right to an impartial jury. For a jury to be impartial, it is not always true that they have no prior knowledge of the case at all. In the case of a highly publicized trial, it can be almost impossible to find 12 people who know nothing about the case at hand or the accused. Some jurors will be excused based on how suitable they are judged to be for the case, and some may be excused because of reasons beyond their control (Schmalleger, 2009). I have been called to serve jury duty one time in my life. At the time I had 2 small children at home, one of them just being diagnosed with the Swine Flu 2 days prior. When I told the judge this, he told me not to touch anyone on the way out of courtroom, and wished my child well. It was not that I didn’t want to serve; I felt my place was with my child, and was glad the judge agreed. After the judge has done his initial weeding out of people...
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...trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall 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 (Sixth). When looking into the Pena-Rodriguez v. Colorado case Rodriguez was finding fault with being guaranteed a fair jury. He found this fault because after he was found guilty from the trial two jurors informed Pena-Rodriguez’s counsel that one of the juror’s chosen was making racial statements regarding Pena-Rodriguez and the alibi witness during the...
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...Business Law I Due: Feb 4th 2010 The Judicial Branch The Judicial branch of government of the United States was set up by article III of the Constitution. The Judicial branch is given great power over the common law, but still very limited due to a complex system or checks and balances. The Federalist Papers 78-83 describes in great detail the newly proposed system of judicial government. The author of these papers was Alexander Hamilton. John Jay, and James Madison contributed to the other parts of the Federalist. The most interesting aspect of the judicial branch is the way it fits into the system that also is comprised of the Executive branch, and the legislative branch. Alexander Hamilton writes, “The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them”. The executive branch can be viewed as the, “sword of the community”, and the legislative has the power to create the laws the all citizens of the United States must follow (Hamilton 78). The brilliant thing is even though it seems the judicial branch of government does not carry as much power, it never states that in Hamilton’s letters due to the fact that the judicial branch is considered an “indispensable ingredient” (Hamilton 78). The power of the judicial branch may be considered not as direct as the other branches, but is still powerful nonetheless. The...
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...Sir Robert Peel’s Nine Principles of Policing and Modern Day Policing Katherine R. Burger University of Phoenix Survey of Justice and Security/CJA500 John V. Baiamonte, Jr. Ph.D February 2, 2009 Abstract Sir Robert Peel was Prime Minister of the United Kingdom and has the honor of being referred to as the “father of modern policing” and the name sake of the London “Bobbies.”(Sir Robert Peel 2006) Sir Robert Peel passed away in 1855 and his nine principles of policing still govern modern day policing. Policing has changed and evolved over the years past and Sir Robert Peel’s nineprinciples still play an important role in modern day policing. The nine principles are an ethical guide for policing. Thestrong ethics that Sir Robert Peel outlines in his nine principles are still effective in modern day police work. Sir Robert Peel’s Nine Principles You can search the World Wide Webfor Anytown, USA and the mission statement for the police department will list crime prevention. It does not matter what state’s webpage or mission statement that you read. You would be hard-pressed to find a mission statement that does not include the some type of verbiagethat encompasses the meaning of preventing crime and maintaining order. The overview section of the St. Paul Police Department website states “TheSaint Paul Police Department’s mission is to maintain a climate of safety and security throughout the City.” Principle number one is the creation of a mission that exists to prevent crime...
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...Running head: JUVENILE CRIME STATISTICS PAPER 1 Juvenile Crime Statistics Paper CJA/374 JUVENILE CRIME STATISTICS PAPER 2 Juvenile Crime Statistics Paper Introduction Juvenile crime statistics is truly misunderstood by today’s society. The general public pushes for harsher punishment when in reality juvenile crime rate has actually decreased. This paper will summarize the “Juvenile Arrests 2008”. This paper will further discuss the overall decrease in juvenile arrests, the increase in drug offenses and simple assaults, implications for juvenile females and members of ethnic and racial minorities, an increase in juvenile female arrests and a decrease in arrests for juvenile male offenders for violent crimes, as well as what assessment are used to track juvenile arrests in order to measure the amount of juvenile crime as well as its trends. The Overall Decrease in Juvenile Arrests Overall Review Data from 2008 shows that juvenile arrests for violent crime declined between 2006 and 2008. According to Puzzanchera (2009) “In 2008 there were 2.11 million juvenile arrests, which is 16% lower than the arrests in 1999” (p.3). In 2008 juvenile arrests for forcible rape was at an all time low since 1980, aggravated assault arrests were also at its lowest since 1988. However, juvenile arrests for murder were at its low in 2004, but increased from 2005 to 2007. Further, the Property Crime Index decreased by 20%, larceny-theft by 17%, murder by 5%, motor vehicle theft by 50%...
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...Alternative Dispute Resolution Name: Institution Affiliation: Introduction Alternative dispute resolution is a method for settling parties' disagreements outside of court's antagonistic setting. Today, ADRs are greatly compelling to the point that courts frequently oblige parties to seek after this plan B before disputing their cases. Both arbitration and mediation may be court-requested. Settling one's dispute through components outside to the court structure may spare one time and cash. In the last twenty-five years, since Australia held onto multiculturalism as an approach, issues of intercultural correspondence have ended up more noticeable in the working environment. On the other hand, until as of late, little had been composed on these issues, and even now, numerous authoritative managers have no preparation. They as well have no learning of how to manage correspondence problems, despite the fact that most workplaces are staffed by individuals of diverse cultures. The report examines these three issue areas and shows that a considerable lot of the difficulties confronted by migrants in the workforce are caused by the absence of awareness of, and preparing in, intercultural correspondence. Why clients should be encouraged to use ADR and Implications Clients ought to be encouraged to make use of these alternative methods for solving conflicts for a number of reasons. ADR can permit access to justice. Case in point, as there can be cost and...
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...Why Accounting Fraud? & Possible Solutions Brian Faanes Rasmussen College Author Note This research is being submitted on 9-12-2011 for Wendell Ellis A140 Financial Accounting 1 course at Rasmussen College by Brian Faanes Most accountants and auditors want to be accurate and honest when it comes to the recording of financial records and statements of the company or firm they work for. However, because of tight relationships between accounting firms and their clients, auditors may unintentionally distort the numbers. In this research paper let us examine some of the conflicts with current accounting practices and possible solutions to improve the corporate accountability and the financial reports they convey to the public and investors. There have been a number of accounting fraud sandals in the last decade, some of these companies include; Enron 2001, Worldcom 2002, Tyco International 2002 and locally, Tom Peters Company 2008. As a result of these most recent accounting frauds, congress passed the Sarbanes-Oxley act in 2002. The Sarbanes-Oxley Act * Applies to publicly traded companies * Established the Public Company Accounting Oversight Board (PCAOB). The PCAOB is a private sector, nonprofit corporation that oversees the auditors of public companies. The PCAOB protects the interests of investors by helping ensure fair, independent audit reports. * Requires that external auditors report to an audit committee, rather than to an organization’s management...
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...com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. If issued a summons, the defendant will be notified of the date of their preliminary hearing in the summons. Preliminary Arraignment If a warrant of arrest is issued by the MDJ, or if the process was initiated by a warrantless arrest, the defendant must appear before the MDJ for a preliminary arraignment. The defendant will be provided with a copy of the...
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...threats. While the country requires defense from those forces who’d wish destruction upon liberty and freedom, it also has an equal need for a type of police system to protect each inhabitant of the country from one-another. In addition, a government must guarantee that the correct amount of policing occurs. Due to this, it will need to identify laws to clearly state the ideal amount of policing that must occur, it must also include ample ways to apply said laws. Furthermore, to assure that rights and liberties are sustained perfectly, the assessment of the amount of policing required must be impartial. Due to citizens failing to be neutral in the presence of any type of incident, the government will require a type of judiciary system. (The Federalist Papers #10, #51, and #78 pg.10) Liberties, rights, and laws are the items with which a judiciary system assesses and concludes if policing was truly necessary and correctly applied. (Locke’s Political Philosophy (Stanford Encyclopedia of Philosophy) pg. 11-18) Government’s sole and central purpose is to protect its citizens’ liberties and rights from those who seek to take them. First, a governmental structure acts as a shield. A shield that protects its denizens from varying threats be it both internal and external. To elaborate on internal issues, the government must furnish checks and balances between the different departments of government. (Locke’s Political Philosophy (Stamford Encyclopedia of Philosophy.) pg.11-18) Should any...
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...God’s grace. In Dante’s The Divine Comedy, the nature of justice seems to be impartial and unexempt from anyone. Specifically,...
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...RIGHT TO COUNSEL 1 Originating when the sixth amendament was ratified on December 15, 1791 the right to council in the United States was born. This amendment states the following. “In criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district where the crime was committed. Also, the district shall have been previously determined 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” (Amendment 6, 2009). Development of the Right to Counsel The Constitution specifies that the accused possess the right to counsel however, there is no specifications which states that counsel will be available from the government for the individual who have been accused. In most cases, only individuals who are afforded the employment of an attorney would have the indulgence of being represented by one. The right to counsel is a service no longer just limited to adults or to individuals who have financial means of being able to retain attorney but any individual who requests representation. At one time, the right to counsel was a service that was offered to those individuals involved in cases being tried within a criminal trial; however, this is no longer the scenario. Right to counsel can be for any case; criminal, family...
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...that are currently on death row in the united states are convicted and charged with murder. The decrease in the sentencing of cases where the convict is charged with a crime other than murder, must be due to the change of times. In court, the jury is more likely to reach a verdict against a pedophile murderer, then someone who trafficks drugs. Finally, the death penalty provides pure justice for not only the state, but for the family of the victims as well. The Merriam-Webster definition of justice is “the quality of being just, impartial, or fair”. (Merriam-Webster) As stated previously, people will argue that capital punishment isn’t true justice as innocent lives could possibly be taken. This is highly unlikely as before someone is convicted and put to death, all 12 members of the jury must vote and agree on the verdict. If one member of the jury does not agree, the death penalty will not be charged. Furthermore, it is ensured that the judge that overlooks the trial is fair and just. "We have the responsibility to punish those who deserve it, but only to the degree they deserve it. Retributivists do not justify the death penalty by the general deterrence or safety it brings us. And we reject over-punishing no less than under-punishing. How obscene that aggravated murderers who behave well inside prison watch movies and play softball.” (“Robert Blecker”) This is a quote by Robert Blecker, a retributivist supporter of the death penalty who graduated from the New York School...
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...of individuals and business owners in the nation was pointing towards corruption, “With growth, came the desire of all men in all aspects of society to take advantage of this success for themselves” (Sledge). Even the poorest of poor began to get greedy, “Al Capone, a poor man, took advantage of opportunity and created crime rings, and the rich men of the society, Rockefeller, wheeled through the economic system to achieve common end, success, despite American ideal of equality” (Sledge). With the success, came money, and with money came greed. Business essentially loses its insight on what is morally right, thereby leading the nation into later consequences, the Great Depression. In the 1920’s the character of a human being was hard to judge or even trust, especially when one is blessed and drowned with...
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...environment which will protect the public from fraud within corporations. The author will pay special attention to the Sox requirement; along with evaluating whether Sox will be effective in avoiding future frauds. Regulatory environment consist of several laws and regulations that has been developed by federal, state, and local governments in order to limit control over business practices. The regulatory environment plays an important role in the positive operation of the financial sector and in the efficient management and integration of capital flow and domestic savings. “The value of the claims of financial institutions on borrowers is dependent upon the certainty of legal rights, coupled with the predictability and speed of their fair and impartial enforcement. Legal and regulatory frameworks that empower the regulator and govern the conduct of market participants form the cornerstone of the orderly operation and development of the financial sector” (Making Finance Work for Africa, 2012). Regulatory compliance has always been a part of doing business. In almost all industry there are a variety of governments and industry regulations that they company must follow in the way that they conduct their business and the penalties of not following the regulations are clearly defined within the company (Doculabs White Papers, 2012). There are many regulations that has been around for a long period of time that were developed to help protect the public from fraud such as; state filing requirements...
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