...Assignment 2: Trials and Verdicts Student: Melissa Harmon Professor: Phylanice Nashe Introduction to Criminal Justice February 18, 2014 TRIALS AND VERDICTS PAGE 1 Our criminal justice system is an intricate one. When crime is committed, law enforcement detains the offender and in most cases holds them until they are seen by a judge. The period between arrest and arraignment is also known as the pretrial procedures; this is a very important aspect of the justice process. At this time, the biggest majority of cases are either resolved and never make it to court. However, some crimes are so serious that they must go the next steps and this could be plea bargaining or trial by jury, both resulting in a sentence ordered by the judge. Here we will take a look at a particular case involving five men who viciously beat another man resulting in his death. What started as a barroom brawl, ended outside of the victim's mother's home in La Jolla, California May of 2007 [L.A. Times 2008]. Emery Kauanui was a 24 year old professional surfer that tragically lost his life three days after being treated for bleeding of the brain, facial fractures, and multiple contusions caused by five individuals. Eric House, 21; Orlando Osuna, 23; Matthew Yanke, 21; Henri Hendricks, 22; and Seth Cravens, 22 who dealt the fatal blow; these are the offenders that each in turn punched and kicked Kauanui until the last punch knocked him to the pavement where he hit his head knocking him out. This...
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...Trials and Verdicts Jennifer Johnson Professor Roreita Walker Introduction to Criminal Justice Sunday August 24, 2014 The First case that I found is about a 75 year old woman getting a life term sentence for killing her former husband 40 years ago. According to the facts of the case the defendant shot her former husband with a rifle in the mid 1970’s and then threw his body down the shaft of an abandoned gold mine. According to her testimony the defendant claimed she acted on self -defense trying to protect her daughter who was two years of age at the time. However the judge and jury did not believe her side of the story on what happened. The defendant’s case was taken care of in the Laramie county district court. I feel that it was the correct court to take care of the case. Simply because district courts have jurisdiction to any cases originating within their jurisdiction that deal with violations of the federal civil and criminal statuses. The second case that I found is about a Co-defendant in 1998 murder case takes plea deal. The defendant charged with being party to the first-degree murder of Chad McLean in 1998 is only going to spend a year or less in prison for his role in the Green Bay teen’s death. He accepted a plea deal and was convicted of being party to first-degree reckless endangerment and one count of perjury. When he made the plea deal he had been scheduled for trial that week for two counts of perjury and one count of first-degree intentional homicide...
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...Assignment 2: Trials and Verdicts Robert Cochran CRJ 100 – Intro to Criminal Justice Professor Karina Arzumanova Strayer University June 1, 2014 Discuss one real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components: whether there is jurisdiction over the person, whether there is jurisdiction over the subject matter, and whether there is jurisdiction to render the particular judgment sought. Also there are different courts that have jurisdiction depending on the case. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by their specific state laws. Federal courts have limited jurisdiction in that they can only hear cases that fall both within the scope defined by the United States Constitution. The criminal case I choose for this is the Boston Marathon bombing case against which Dzhokhar Tsarnaev killed three people and injured more than 260 during the Boston marathon on April 15, 2013 when he detonated a bomb close to the finish line (Valencia, 2014). In regards to jurisdiction and due to the seriousness and nature of the crimes, Dzhokhar Tsarnaev was charged in the federal court system...
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...Trial and Verdict Arquisa Ross Dorothy Sliben Into to Criminal Justice 02/28/2015 Contentious Teacher Related Policies Moving From Legislatures to the Courts National teacher unions won a landmark victory in a California lawsuit last year that challenged tenure protections, a case that became the beginning of a national effort to roll back teacher tenure laws in state courts. Teaching professions are shifting from legislative arenas to the courts giving judges the chance to make decisions that could shape the way teachers are hired, fired, and paid. Lawsuits show that two of the nation’s most contentious battles over the teaching professions. Now some of the largest unions in the country are using similar tactics to end test based evaluations, teachers say that they are arbitrary and unfair. Teachers are turning to the courts to fight for one of their most pressing interests. A lot of the teachers have come together stating that there’s nothing wrong with teacher evaluations when done right. President of the National Education Association the nation’s largest teachers union which has helped argue the case in Florida and Tennessee. Many of the lawsuits says that were widespread errors in the new evaluations because of a rushed rollout and faulty data including incomplete or wrong test scores and some teachers were docked due to absences which should’ve been protected under the federal Family and Medical Leave Act. Many of the teachers has stepped up and said “ It’s...
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...References Hawkins, K. (2011, May). The backyard prisoner: the story of Jaycee Dugard. Crjime library. Retrieved from http://www.trutv.com/library/crime/criminal_mind/sexual_assault/jaycee_dugard/1.html Martinez, M. (2011, April 28). Garridos plead guilty in Jaycee Dugard kidnapping. CNN Justice. Retrieved from http://www.cnn.com/2011/CRIME/04/28/california.garridos.guilty.pleas/ Rattley, D. (2008). Administrative office of the courts. Retrieved from http://www.georgiacourts.org/ Siegel, L., & Worrall, J. (2013). Essentials of criminal justice. Mason, OH: Cengage Learning. The national registry of exoneration: A joint project of Michigan law and Northwestern law. (2012). Retrieved from http://www.law.umich.edu/special/exoneration/Pages/about.aspx In the United States the judicial system consists of the federal level and the state level. Each court has different jurisdictions over different cases. The court system has the roles of interpreting the law, ensuring due process and regulating disputes. Every state has its own court system and can have as many courts as they desire. The majority of criminal cases are heard in courts of general jurisdiction; both state and federal courts have jurisdiction over felony offenses and more serious civil cases. (Siegel & Worrall, 2013) In the case of the State of George v De'Marquise Elkins the Glynn County Superior Court heard the case. Seventeen year old De’Marquise Elkins was charged with shooting a toddler sitting...
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...witnesses or attempt to determine which of the witnesses who testified at trial should have been believed. Determining the credibility of the witnesses is the job of the trier of fact. Appellate courts review the trial record, motions, and evidentiary exhibits. True False A Demurrer would be the appropriate pre-trial motion to file if the complaint did not state a valid cause of action (valid claim) even if all the allegations contained in the complaint were true. True False Identify which, if any, of the underlying occur during the informal discovery phase of a lawsuit: Depositions Interrogatories The actual trial Both A & B None of the above One of the types of pleadings that Defendants file in response to the plaintiff’s complaint is called the answer (which is also referred to as the response). True False Identify which, if any, of the below circumstances can occur as a result of an appeal: The appellate court can reverse the trial court The appellate court can affirm the trial court The appellate court can remand the case to the trial court Any of the above Does it ever occur in a lawsuit that the defendant stipulates to the plaintiff’s factual allegations? Yes No The quantum of evidence required for a verdict in a civil case is identical to the quantum of evidence required for a conviction in a criminal case. True False The jury hears the evidence presented at trial and decides the facts that are disputed in the lawsuit. The jury is instructed...
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...The Media vs The World My face is glued to the television as I await the verdict that I had so anxiously wanted to hear for years. To no surprise, it was not a verdict we had all hoped for, partially due to the media. The Casey Anthony trial, is just one of the many that have fallen into the classification of a “media trial,” a loose term that describes the profound impact media coverage has on a person’s reputation by creating a pre-assumed perception of guilt or innocence, before, or after a case goes to court. This pre-assumed perception gives the general public, potential jury members, an impartial view on a court case, overall, influencing the system of American justice. This injustice, especially in high profile cases, happens when jury members, sometimes court officials, simply want to gain their “five seconds of fame.” Now an additional problem lies within the simple, yet complex, fight between the right of free press and the right to an impartial jury. Let’s face it, there is no such concept as an impartial jury, simply due to the media attention that trials receive these days. Within this main problem, lies many problems that interfere with the American idea of justice. Are we craving, and striving to find entertainment, or justice? One problem that stems from media that could possibly add to jury bias and court outcomes, it is what lawyers refer to as the “CSI Effect.” Named after the hit television show, this phenomenon describes the distorted view crime investigation...
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...The right to “trial by jury” is a longstanding tradition of the American people protected under the US Constitution. By its standards, a jury is composed of 12 citizens picked at random from the local community, and then screened by the attorneys handling the case. Each of these men then bears witness to the trial, and after hearing the case is sequestered to make private deliberations which must result in a unanimous verdict. The original intention of the Framer’s was to institute a system that protected the accused from unfair bias by distributing the power to decide the verdict among multiple assumedly unbiased citizens. Nonetheless, this system faces constant scrutiny due to the influence of public opinion on members of the jury, the prejudiced...
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...the United State stems from the need to protect citizens. In prior times, it was not uncommon for Judge’s to render verdicts or decisions based on what will benefit them (directly or indirectly). These corrupt practices saw many innocent persons suffering sentences that were not theirs to serve. Under the Bills of Rights in the United States Constitution, the 7th Amendment gives citizens the right to trial by a jury. Though similar to the provisions of the 6th Amendment, the 7th Amendment has to do with jury trials for common law suits. It states "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law."...
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...Jury Trial Analysis Paper University of Phoenix CJA/364 Criminal Procedure MU11BCJ05 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 constitutional trial rights enacted during a trial. One of the most important steps in a jury trial is jury selection. “First, the court or a jury commission creates a master jury list of all eligible jurors, using methods that produce a statistically accurate cross-section of the community” (Zalman, 2008. p. 544). Upon omission on the master jury list, each individual in the jury pool goes through a set of questions that will decide who qualifies, also known as voir dire. “The process of voir dire allows the judge, attorneys, or both to question jurors to determine whether they are biased” (Zalman, 2008. p. 544). Once the jury is selected, the court process begins with an opening statement that outlines the main points of the case. The lawyers often try to make good first impressions on jurors...
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...A State of Confusion Wendy Haugen BUS 415 Douglas Edmunds Tanya Trucker’s lawsuit versus the State of Confusion conveys a paradigm concurrent with the course book regarding Interstate Commerce. Commercial traffic within the states, considered Interstate commerce, will affect commerce between states. The Commerce Clause allows the federal government to regulate the interstate commerce. The statute enacted by the state of Confusion requires all towing trailers and trucks that drive through the state of Confusion to use a B-type truck hitch. Tanya Trucker, a resident of the state of Denial is livid, incandescent with fury, yet she controls herself as she contacts a known law firm, which specializes in this field of commercial law. In a genteel fashion, she has expressed her extreme displeasure in the situation with her attorney, pointing out the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. Tanya Truckers lawsuit will occur in the jurisdiction of the Federal District court. Her Attorney and his colleagues research their sources, discovering the statute is void as it violates the supremacy clause; No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. “Federal jurisdiction based on diversity of citizenship requires...
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...Jury Trial Analysis CJA/364 October 13, 2013 This paper will be about Jury Trial Analysis. I will give a analysis in which the paper I will identify and discuss the steps in a jury trial. In the paper analysis it will be quite clear or the assess the constitutional trial rights that are enacted during a jury trial, as well as examine and discuss the selection of a fair and unbiased jury. In any criminal cases or a case that requires a jury; jurors are selected for a courtroom from the pool of available jurors. This is called Selection of jury, which is the first step in a jury trial. The judge and attorneys question the jurors in a process called voir dire, which means “to speak the truth”. This determines if any juror has a personal in the case, a prejudice or bias that wrongly influences the him or her as a juror. The attorneys may challenge some jurors and ask the court to excuse them from that particular trial. There are two types of challenges that attorneys uses during questions for a selection for a potential juror. The challenges are, challenge for cause and peremptory challenge. Peremptory challenges are limited in number and challenges for cause have an unlimited number. The second step is, the opening statements. This is when the attorney of plaintiff and the attorney for the defense outline the proof to be presented to the jury during the trial. Opening statement are not evidence, only expectations of what each attorney expects the evidence to prove. ...
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...The criminal trial In a criminal trial process a person is convicted of committing a criminal offense in which then they are subject to certain penalties such as paying a fine and restitution, serving time in prison or jail, or community service. First comes the pre-trail procedure in which a person is arrested for breaking a criminal law appears before a judge within twenty-four hours. The judge will inform the person of the charges and bail or conditions of release. After the initial appearance, the defendant is entitled to a preliminary hearing to determine if there is sufficient evidence to continue the case. Following the filing of a trial information or indictment, the defendant will appear for an arraignment Secondly is the trial process where the parties will have the opportunity to question the prospective jurors. After the jury selection, the state will read the trial information or indictment and the defendant's plea. Following the trial comes the verdict where the jury in a criminal case must return a unanimous verdict. In most cases, the verdict is either guilty or not guilty. The jury may also find the defendant guilty of a lesser charge, if that lesser charge was submitted in the jury instructions. If the jury cannot reach a unanimous verdict, the court will declare a mistrial and the case may be tried again to another jury at a later date. After the return of a guilty verdict, the jury's duty is complete. The jury is not involved in determining the defendant's...
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...Jury Trial Analysis The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. Normally twelve jurors are than selected with two being selected as alternates. Both sides of counsel (Defense and Prosecution) are given the chance to question or challenge each juror before their acceptance or rejection as potential...
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...everything did not go as planned. During the Robbery, David, a customer standing in-line, pulled out a real firearm and shot Charlie in the back three times. While Charlie was lying on the ground, David stood over him and could see he was still breathing. David shot Charlie three times in the head, killing him instantly. Alan managed to get to the car and told Betty to "drive" and that "Charlie was shot." Soon thereafter, they were stopped and arrested for armed robbery, attempted robbery, and Murder. The two were held no bond pending the trial. The charges that are being looked during this case are conspiracy, homicide (first degree v. second degree) and felony murder. This case raises the question on whether or not the defendants have the rights to appeal. An appeal is a petition to a higher court by the losing party to overturn a court's ruling. “The basis of an appeal must be a reversible error in the application of the law at the trial court level based on the facts, the court clearly misapplied the law” (FindLaw, 2014). An appeal is only filed after a final judgment or order has...
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